Here are the new materials in La Posta Band of the Diegueño Mission Indians v. Trump (S.D. Cal.):
40-1 Second Motion for Injunction
Update — 1/7/2021
Author: Matthew L.M. Fletcher
NYTs: “Biden Will Pick Deb Haaland to Lead Interior Department”
Here.
Fifth Circuit Decides Federal Diversity Jurisdiction Matter Involving Hoopa Valley Tribe
Here is the opinion in Mitchell v. Bailey.
Briefs and lower court materials here.
Church Parishioners Cert Petition in Seminole Tribe Immunity Case
Here is the petition in Eglise Baptiste Bethanie De Ft. Lauderdale Inc. v. Seminole Tribe of Florida:
Eglise Baptiste v Seminole Cert Petition
Questions presented:
(1) Is a Native American tribe sovereignly immune from a civil suit for damages caused by the off-reservation violations by its police officers of the “place of religious worship” provisions of the Freedom of Access To Clinic Entrances Act of 1994, 18 U.S.C. § 248(a)(2) (“the Access Act”)?
(2) Are the “place of religious worship” and civil remedies provisions of the Access Act, as applied to a congregational leadership dispute, unenforceable because those provisions violate the Establishment of Religion and Free Exercise of Religion Clauses of the First Amendment to the United States Constitution?
Lower court materials here.
Update:
NYTs: “Cleveland’s Baseball Team Will Drop Its Indians Team Name”
Here.
Federal Claims Court Dismisses Opioid Claims Arising under Bad Men Clause
Here are the materials in Cheyenne & Arapaho Tribes v. United States (Fed. Cl.):
We posted the complaint here.
Federal Court Rejects Defenses of Tunica-Biloxi’s Sovereign Lending Company
Here are the materials in Dunn v. Global Trust Management (M.D. Fla.):
13 Defendant Motions to Compel & for Judgment on Pleadings
And here are the materials in McIntosh v. Global Trust Management (M.D. Fla.):
24 Defendant Motion to Compel & for Judgment on Pleadings
US Amicus Brief in FMC Corp. v. Shoshone-Bannock Tribes
Cal. Law Review Online Roundtable: Responding to “Politics, Indian Law, and the Constitution”
The article is here.
Arizona Tribes’ Amicus Brief in Arizona COA Tribal Taxation Case
Here is the brief in South Point Energy Center v. Arizona Department of Revenue (Ariz. Ct. App.):
Related case here.
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