Author: Matthew L.M. Fletcher – Page 396

Yet Another Suit against Western Sky Proceeds

March 8, 2016Matthew L.M. Fletcher

Here are the materials in Smith v. Western Sky Financial LLC (E.D. Pa.):

Another motion to dismiss or stay based on tribal exhaustion and the sham Western Sky arbitration/forum selection clauses. When will Rule 11 kick in?

2016 NNALSA Moot Court

March 7, 2016March 7, 2016Matthew L.M. Fletcher

Final Round Judges and Oralists:

2016 NNALSA Moot Court — Judge Wenona Singel, Judge Patricia Millett, KU Law Students Maureen Orth & Jessica Frederickson, OU Law Students Victoria Procter & Ashley Akers, Judge Bridget McCormack, Judge Matthew Fletcher, and Judge Michael Petoskey

Congrats to Kansas for prevailing!

Rice Award — Maureen Orth winning the G. William Rice Best Oralist Award presented by Professor Rice’s daughter Karen Rice and her fellow PLSI sisters to support Karen and honor Bill Rice.

More pics….

MSU Moot Court

MSU Moot Court Team [Elise McGowan-Cuellar directed the competition, and so she gets the waabigwan]

Karen Rice

Our new best friend, Karen Rice! [and that’s Hunter Cox doing some heavy listing on the left]

A shot of the field before the competition. Top overall seed in the front on the right, Emmett Waasamowin and Owen Buki Waabmigizi.

U of A Fed Bar Reception

March 7, 2016March 7, 2016Matthew L.M. Fletcher

Here:

Fed Bar Flyer_Save the Date

Update in Nooksack Disenrollment; Tribe’s Reconsideration Motion Denied

March 7, 2016Matthew L.M. Fletcher

Here are the materials in Belmont v. Kelly (Nooksack Tribal Court):

Belmont v. Kelly Defendants’ Motion for Reconsideration of Order Denying Preliminary Injunction Motion

Belmont v. Kelly Defendants’ Reply on Reconsideration

Belmont v. Kelly Order Denying Defendants’ Motion for Reconsideration

Belmont v. Kelly Plaintiffs’ Response to Motion for Reconsideration

Prior proceedings in this matter here.

D.C. Circuit Rejects Challenge to Keepseagle Settlement

March 7, 2016Matthew L.M. Fletcher

Here is the opinion in Keepseagle v. Vilsack.

An excerpt:

Appellant Timothy LaBatte, a class member in a class action against the United States Department of Agriculture (“USDA”), seeks to intervene in that class action – despite the fact that the action was settled and closed – after his claim for compensation under the terms of the action’s settlement agreement was denied. We affirm the District Court’s determination that it lacked ancillary jurisdiction to hear Labatte’s challenge. We do so because LaBatte’s motion to intervene is unrelated to the underlying lawsuit and because the District Court was not required to hear LaBatte’s motion in order to effectuate its decrees.

Robert Miller on Tribal Constitutions and Their Influence on the American Constitution

March 7, 2016Matthew L.M. Fletcher

Robert Miller has posted “American Indian Constitutions and Their Influence on the United States Constitution” on SSRN.

Here is the abstract:

This paper analyzes modern-day American Indian constitutionalism. It describes the development of written constitutions by Indian nations and primarily focuses on constitutions developed since 1934 under the auspices of the federal Indian Reorganization Act. This paper also briefly examines the evidence that American Indian political philosophies, and traditional tribal governmental structures and ideas, influenced many of the Founding Fathers and the drafting of the United States Constitution.

Al Jazeera Show on Disenrollments

March 4, 2016Matthew L.M. Fletcher

Here is “Without a tribe: Fighting to stay Native American — The contentious practice of disenrollment in some tribes sparks a discussion about Indigenous identity.”

National Indian Law Library Indian Law Bulletin 3/3/2016

March 4, 2016Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 3/03/16.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2015-2016update.html
Petition for certiorari was filed in Seminole Tribe v. Stranburg (Taxation) on 2/19/16.

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Alaska Oil and Gas Ass’n v. Jewell (Endangered Species Act – Polar Bears)
Longo v. Seminole Indian Casino-Immokalee (Tribal Sovereign Immunity; Civil Rights)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Doe v. Piper (Minnesota Indian Family Preservation Act – Notice)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In re G.V. (Indian Child Welfare Act – Application of)

News Bulletin
http://www.nar f.org/nill/bulletins/news/currentnews.html
In the Culture & Tradition section, we feature a story on an historical agreement that gives a tribe control over foster cases.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
One bill became law:
H.R.487 became Public Law 114-127. To allow the Miami Tribe of Oklahoma to lease or transfer certain lands.
Four bills were added:
S.2580: RAISE Act of 2016.
S.1436: Nevada Native Nations Land Act.
S.2242: Save Oak Flat Act.
H.R.4629: Muscogee Nation of Florida Federal Recognition Act.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a notice of the Bureau of Indian Affairs relating to a r evised list of designated tribal agents for service of notice under the Indian Child Welfare Act.