Here:
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Author: Matthew L.M. Fletcher
Fletcher on Anishinaabe Law and the Round House
Matthew Fletcher has published “Anishinaabe Law and the Round House” in the Albany Government Law Review.
Here is the abstract:
This paper addresses the Indian country criminal justice system’s difficulties through the context of the Great Lakes Anishinaabeg’s traditional customs, traditions, and laws, and their modern treatment of crime. Louise Erdrich’s The Round House expertly captures the reality of crime and fear of crime in Anishinaabe Indian country, and offers a bleak view of the future of criminal justice absent serious reform in the near future.
CBS News on Tohono O’Odham Nation Fight against Border Wall
SCOTUS Grants Patchak v. Zinke
Indian Law Symposium at the Albany Government Law Review
Here:
Indian Title: Unraveling the Racial Context of Property Rights, or How to Stop Engaging in Conquest
Joseph William Singer
This article discusses the racial injustice faced by Native Americans, with whom land titles in the United States originated with. The author argues it is vital to interpret the Supreme Court cases of the 19th century that correctly defined Indian title, and to honor the property rights of Indian title just as we do the “fee simple of the whites”.
10 Alb. Govt. L. Rev. 1 (2017)
Indians, Race, and Criminal Jurisdiction in Indian Country
Alex Tallchief Skibine
This article argues that the classification of “Indian” for the purposes of the ICCA and the Duro fix is not “racial” even if it includes non-enrolled people of Indian ancestry. Furthermore, this article discusses the Zepeda court and how it conflicts with the first prong of the Rogers test regarding what type of blood qualifies Indian blood.
10 Alb. Govt. L. Rev. 49 (2017)
Anishinaabe law and “The Round House”
Matthew L.M. Fletcher
This article discusses the rising Indian country violent crime and novelist Lousie Eldrich’s “The Round House” which addresses modern Anishinaabe violent crime where women are violently attacked, and the failure of the federal and tribal criminal justive system to resolve the crime. This article discusses traditional and modern Anishinaabe law, how the two merge, and the problems with contemporary law enforcement mechanisms in the light of jurisidctional issues and a cultural divide.
10 Alb. Govt. L. Rev. 88 (2017)
Joseph J. Heath, Esq.
This article discusses the doctrine of Christian discovery and how it negatively affects the rights of the Indigenous nations’ land and treaty rights. Though it is difficulty to see how the US Courts or Congress will produce favorable results given the 8-1 Sherrill decision, the author urges the continuation of work with religious and academic communities to pressure the Vatican to rescind the Papal Bulls of the 15th century and to remove the doctrine completely.
10 Alb. Govt. L. Rev. 112 (2017)
Telling Stories in Council and Court: Developing a Reflective Tribal Governance
Leah Jurss
This article discusses the incorporation of traditional story telling into tribal government and legal systems and the dichotomy of tradtional and modern systems. The author argues this approach can be implemented by tribal governments and and legal deparments to stray away from the strict American model, and head towards a new model that incorporates tribal principles yet confroms to the requirements of the Americal legal system.
10 Alb. Govt. L. Rev. 157 (2017)
Robert Reich: Trump’s Assault on Federal Judiciary is Grounds for Impeachment
Court of Federal Claims Dismisses Pro Se Treaty Rights Claim
Here are the available materials in Walking Eagle v. United States (Fed. Cl.):
The remaining pleadings are sealed.
An excerpt from the opinion:
Plaintiff, Clarence Walking Eagle, Jr., is a Sioux Native American in the Fort Peck Sioux Tribe and resides on Fort Peck in Brockton, Montana. Appearing pro se, he filed his complaint on August 8, 2016, seeking $10,000,000.00 in compensatory damages under various treaties and statutes due to, among other alleged wrongs, “being unlawfully alienated from the exclusive use and benefit of [his] trust land and exposed to foreign jurisdiction without consent for the benefit of non-Indian concerns for almost ninety-nine years.” Pl.’s Compl. ¶ 48. Plaintiff also seeks $10,000,000.00 in punitive damages and various forms of equitable relief, such as an order restraining state law enforcement agencies from exercising jurisdiction within the boundaries of Fort Peck.On December 5, 2016, defendant filed a motion to dismiss for lack of jurisdiction and for failure to state a claim upon which relief can be granted, arguing that plaintiff’s claims accrued outside this court’s six-year statute of limitations and that plaintiff is precluded from bringing these claims due to his participation in the Cobell class-action settlement, which is described in more detail below. See Cobell v. Salazar, No. 96-1285(TFH), 2011 WL 10676927 (D.D.C. July 27, 2011); Def.’s Mot. to Dismiss (“Def.’s Mot.”) Ex. 4 (copy of the Cobell settlement agreement). We agree and deem oral argument on this motion unnecessary. Because we find that plaintiff’s claims accrued outside of this court’s six-year statute of limitations and that, in any event, plaintiff is precluded from bringing these claims due to the Cobell settlement agreement, we grant defendant’s motion to dismiss.
Eighth Circuit Briefs in Sisseton-Wahpeton Effort to Save Burial Mounds
Here are the materials in Sisseton-Wahpeton Oyate of the Lake Traverse Reservation v. United States Corps of Engineers:
Lower court materials here.
Tulalip Tribes Sue Coast Guard to Protect Southern Resident Killer Whale
Nooksack Disenrollees’ RICO Action against Nooksack Holdover Council (in their individual capacities) to Proceed
Here are the materials in Rabang v. Kelly (W.D. Wash.):
DEFENDANTS_ REPLY IN SUPPORT OF KELLY DEFENDANTS_ RULE 12(B)(1) AND 12(B)(6) MOTION TO DISMISS
PLAINTIFFS_ NOTICE OF SUPPLEMENTAL AUTHORITY
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