Author: Matthew L.M. Fletcher

Eighth Circuit Vacates Sentence in United States v. Spotted Horse

Matthew L.M. Fletcher

Here.

New Scholarship on Indigenous Water Justice

Matthew L.M. Fletcher

Jason A. Robison, Barbara A. Cosens, Sue Jackson, Kelsey Leonard, and Daniel McCool have posted “Indigenous Water Justice” on SSRN.

Here is the abstract:

Indigenous Peoples are struggling for water justice across the globe. These struggles stem from centuries-long, ongoing colonial legacies and hold profound significance for Indigenous Peoples’ socioeconomic development, cultural identity, and political autonomy and external relations within nation-states. Ultimately, Indigenous Peoples’ right to self-determination is implicated. Growing out of a symposium hosted by the University of Colorado Law School and the Native American Rights Fund in June 2016, this Article expounds the concept of “indigenous water justice” and advocates for its realization in three major transboundary river basins: the Colorado (U.S./Mexico), Columbia (Canada/U.S.), and Murray-Darling (Australia). The Article begins with a novel conceptualization of indigenous water justice rooted in the historic United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)—specifically, UNDRIP’s foundational principle of self-determination. In turn, the Article offers overviews of the basins and narrative accounts of enduring water-justice struggles experienced by Indigenous Peoples therein. Finally, the Article synthesizes commonalities evident from the indigenous water justice struggles by introducing and deconstructing the concept of “water colonialism.” Against this backdrop, the Article revisits UNDRIP to articulate principles and prescriptions aimed at prospectively realizing indigenous water justice in the basins and around the world.

Florida COA Affirms Tribal Immunity Defense in Miccosukee Tribe v. Lewis & Tein 

Matthew L.M. Fletcher1 Comment

Here is the opinion.

An excerpt:

“There are reasons to doubt the wisdom of perpetuating the doctrine” of tribal immunity. Kiowa Tribe of Oklahoma v. Mfg. Techs., Inc., 523 U.S. 751, 758 (1998). It “can harm those who are unaware that they are dealing with a tribe, who do not know of tribal immunity, or who have no choice in the matter, as in the case of tort victims.” Id. No one knows this more than Guy Lewis and Michael Tein. The Miccosukee Tribe of Indians of Florida, according to Lewis and Tein’s complaint, spent five years filing false lawsuits, suborning perjury, and obstructing justice, in an effort to damage the attorneys’ finances, reputations, and law firm. Whatever its wisdom, tribal immunity endures, and Indian tribes are not subject to the civil jurisdiction of our courts absent a clear, explicit, and unmistakable waiver of tribal sovereign immunity or a congressional abrogation of that immunity. Because neither exception to tribal immunity has been established in this case, we reverse the trial court’s denial of the Miccosukee Tribe’s motion to dismiss.

UPDATE (9/7/17):

Miccosukee Brief

USET Amicus Brief

Answer Brief

Tribe Reply

WaPo Podcast on the Constitution: Episode 2 — “Ancestry” (It’s about Standing Bear)

Matthew L.M. Fletcher

Here.

Nez Perce Tribe Seeks Public Defender

Matthew L.M. Fletcher1 Comment

The Nez Perce Tribe Department of Law & Justice is recruiting for: PUBLIC DEFENDER HR-17-180 Applicant must provide evidence of a Juris Doctorate degree from an accredited college of law, and of active membership in good standing in a State Bar Association and be licensed to practice in Tribal Court. Applicant must have three (3) years documented successful litigation experience as a practicing criminal defense attorney or prosecutor, preferably in a tribal court. Requires verification of successful litigation experience by a letter of recommendation from the immediate supervisor, or by providing contact information from the immediate supervisor for a follow-up reference check. Applicant must demonstrate an understanding of Tribal, federal, and state law and multijurisdictional issues which often arise in litigation in Tribal Court. Excellent legal research and writing skills preferred. Please provide a legal writing sample with application, and resume. This is an exempt position with includes generous health insurance and other benefits. Salary based on record of successful litigation experience and demonstrated legal expertise. “Class description available at the NPT Human Resources Department.” The Nez Perce Tribe is a drug free work environment, pre-employment drug testing required. Requires a valid driver’s license with the ability to be insured under the Tribe’s policy. Must provide a current motor vehicle report (MVR) where you have been licensed to drive within the last three (3) years. Open until filled. (Grade 24) 

Human Resources contact person is Robert Kipp at 208.843.7332, email address is robertk@nezperce.org.

LA Times: “Trump is breaking the federal government’s promises to Native Americans”

Matthew L.M. Fletcher

Here.

Nez Perce Tribe Seeks Chief Judge

Matthew L.M. Fletcher1 Comment

The Nez Perce Tribe Department of Law & Justice is recruiting for: CHIEF JUDGE HR-17-179 full-time regular. This position requires a wide range of legal, administrative, management and budgetary skills. The Chief Judge presides over the Tribal Court, and hears, or assigns to other Tribal Court Associate and Pro-Tem judges, all cases heard in the Tribal Court. The Chief Judge handles all phases of civil and criminal litigation, drafts orders, opinions, memoranda and other legal documents, and fulfills all other duties required of the Chief Judge to assure an effective and fair Tribal Court. In addition, the Chief Judge supervises Associate Judges, Court Administrator and Healing to Wellness Court Coordinator. Requires three (3) years’ experience as a judge, tribal court judicial experience preferred. More than five (5) years of tribal court Chief Judge experience and evidence of success in court administration, court staff supervision and court budget development is preferred. Applicants must demonstrate that they have a thorough knowledge of Indian law, the Nez Perce Tribal Code, and applicable federal law, including but not limited to the Tribal Law and Order Act and Violence Against Women Act. Must have a Juris Doctorate from an accredited law school and must be a member in good standing of a state bar. This is a four (4) year contract position with generous salary and benefits. “Class description available at the NPT Human Resources Department.” The Nez Perce Tribe is a drug free work environment, pre-employment drug testing required. Requires a valid driver’s license with the ability to be insured under the Tribe’s policy. Must provide a current motor vehicle report (MVR) where you have been licensed to drive within the last three (3) years. Open until filled. (Grade 28) 

Human Resources contact person is Robert Kipp at 208. 843.7332, email address is robertk@nezperce.org. 

Michigan Journal of Environmental and Administrative Law Indian Law Symposium Issue

Matthew L.M. Fletcher

Here:

Current Issue: Volume 6, Issue 2 (2017)

Articles

Returning to the Tribal Environmental “Laboratory”: An Examination of Environmental Enforcement Techniques in Indian Country (PDF)

Elizabeth Ann Kronk Warner

We Need Protection from Our Protectors: The Nature, Issues, and Future of the Federal Trust Responsibility to Indians (PDF)

Daniel I.S.J. Rey-Bear and Matthew L.M. Fletcher

Notes:

Briana Green

San Manuel’s Second Exception: Identifying Treaty Provisions That Support Tribal Labor Sovereignty (PDF)

Jason Searle

Exploring Alternatives to the “Consultation or Consent” Paradigm (PDF)

Joseph Paul Mortelliti

Whose Standards Control? Maine v. McCanhy and the Federal, State, and Tribal Battle Over Water Quality Regulation (PDF)