Author: Matthew L.M. Fletcher

Federal Court Issues Interesting Post-Zepeda Indian Status Decision

Matthew L.M. Fletcher

Here are the materials in United States v. Loera (D. Ariz.):

7 Loera Opening Brief

16 Loera Revised Opening Brief

24 US Response

25 Reply

26 DCT Order

An excerpt:

Loera does not meet the first two and most important factors of Bruce’s second prong. And while evidence supports finding that he did satisfy the third and fourth Bruce factors, the Government has successfully demonstrated that Loera’s satisfaction of those factors is weak. In the end, accounting for the descending level of importance given to each Bruce factor, and viewing the evidence in the light most favorable to the Government, a rational trier of fact could have found beyond a reasonable doubt that Loera does not qualify as an Indian. See Cruz, 554 F.3d at 844. Accordingly, the Court affirms the decision of the magistrate court below; the exercise of federal jurisdiction over this case was appropriate pursuant to § 1152.

 

Tenth Circuit Orders Tribal Exhaustion in Sac and Fox Suit against Financial Planners

Matthew L.M. Fletcher1 Comment

Here are the materials in United Planners Financial Services of America LP v. Sac and Fox Nation:

CA10 Opinion

United Planners Opening Brief

Sac and Fox Brief

Tribal Court Brief

Reply

Lower court materials here.

 

Shinnecock Indian Nation v. New York Cert Stage Briefs

Matthew L.M. Fletcher

Here:

Shinnecock Cert Petition

15-1215acFederalIndianLawProfessors

NY Cert Opp

Shinnecock Indian Nation Reply Brief

Lower court materials here.

Cert Stage Briefs Complete in LRB & Soaring Eagle v. NLRB Petitions

Matthew L.M. Fletcher

Here they are for the LRB v. NLRB petition:

Little River Petition and Appendix COMBINED

US Cert Opposition

Little River Reply

Here they are for Soaring Eagle v. NLRB:

Saginaw Cert Petition and Appendix- Filed

US Cert Opposition

Saginaw Cert Reply FINAL

All the briefs are available here at the background materials page for these two cases.

These materials have been submitted for the June 23 Conference at the Supreme Court (docket page here and here).

Nooksack Indian Tribe Request for Qualifications — Pro Tem Judge Services

Matthew L.M. Fletcher
This Request for Qualifications is directed at qualified individuals and/or firms interested in serving as a Pro Tem Judge for the Nooksack Indian Tribe. The Nooksack Tribal Court exercises jurisdiction over a broad range of civil and criminal matters. A Pro Tem Judge will be appointed to hear cases, as assigned by the Chief Judge, in instances where the Nooksack Tribal Court Chief Judge is ill, disqualified, or otherwise unavailable. This is a part time, as-needed appointment, and compensation will be negotiated. Specifically, contractors providing Pro Tem Judicial services will be placed into a pool and drawn from on an as-needed basis when judicial conflicts arise.

DUTIES AND RESPONSIBILITIES:

Preside over cases as assigned by the Chief Judge.

Prepare and issue written orders, judgments, search and arrest warrants.

Keep accurate records of cases and court hearings.

MINIMUM QUALIFICATIONS:

Possess JD from an ABA-accredited law school and admitted to practice before the Supreme Court of the United States, or any United States Circuit Court of Appeals, or the Supreme Court of any state of the United States.

Extensive experience in: (1) criminal case adjudications; (2) juvenile dependency and delinquency; (3) family law and child support; and (4) general civil case adjudications, including complex litigation.

Demonstrated knowledge in the following areas: (1) Federal Indian law and policy; (2) Tribal law; and (3) Tribal customs and traditions.

Is at least 30 years of age.

Has never been convicted or pleaded guilty to any felony, nor been found guilty of any crime involving fraud or dishonesty.

Maintain a current business license and admitted to practice before the Nooksack Tribal Court.

Successfully pass a background investigation and drug test.

Interested individuals (or firms) should submit a letter of interest including availability, along with a current resume and the names of at least three professional references to:

Suzanne Brownrigg, Human Resources Director Nooksack Indian Tribe P.O. Box 157 Deming, WA 98244 (360) 592-5176 sbrownrigg@nooksack-nsn.gov

 

NOOKSACK INDIAN TRIBE REQUEST FOR QUALIFICATIONS PRO TEM JUDGE SERVICES (6/2016)

 

Ninth Circuit Rejects Challenge to Federal Approval of Tule Wind Project over Eagle-Based Challenge

Matthew L.M. Fletcher

Here is the opinion in Protect Our Communities v. Jewell.

From the syllabus:

The panel affirmed the district court’s summary judgment in favor of federal agencies and officials and intervenor Tule Wind, LLC in an action challenging the Bureau of Land Management’s decision to grant a right-of-way on federal lands in southeast San Diego County, permitting Tule Wind to construct and operate a wind energy project.

Briefs:

POC Opening Brief

Backcountry Against Dumps Opening Brief

Answer Brief

POC Reply

Related lower court materials here.

 

Oral Argument Video in CFPB v. Great Plains Lending

Matthew L.M. Fletcher

Here. Audio here.

Briefs here.

Lower court materials here.

 

First Circuit Briefs in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah)

Matthew L.M. Fletcher1 Comment

Here:

Tribe Brief

US Amicus Brief

State Brief

Tribe Reply

Lower court materials here.

New Indian Law Scholarship in the North Dakota Law Review

Matthew L.M. Fletcher

Here:

91 N.D. L. Rev. 1
Avoiding Extinction, Preserving Culture: Sustainable, Sovereignty-Centered Tribal Citizenship Requirements
– Michael D. Oeser

91 N.D. L. Rev. 37
Consultation or Consent: The United States’ Duty to Confer With American Indian Governments
– Robert J. Miller

Lumbee Tribal Members Amicus Brief in Challenge to North Carolina’s Voter ID Law

Matthew L.M. Fletcher

Here is the brief of Pearlein Revels, Louise Mitchell, Eric Locklear, and Anita Hammonds Blanks in Support of Plaintiffs in North Carolina State Conference of the NAACP v. McCory:

Amicus Brief

One of our great friends Jeanette Wolfley is counsel for amici!