Justice Scalia Reported Dead

Here from BBC.

San Antonio press.

CBS. NBC.

LA Times.

NYTs.

ASU e-Commerce Legal Update

Karrie Wichtman and Jen Weddle

  

Arizona State e-Commerce Conference

Patty Ferguson-Bohnee

  
Sequoyah Simermeyer

  

Rebecca Webster on cooperative land use planning on the Oneida Reservation

Rebecca Webster has published “This land can sustain us: cooperative land use planning on the Oneida Reservation” in Planning Theory & Practice.

Here is the abstract:

Land use planning in indigenous communities often takes place within state-based planning initiatives, leaving indigenous governments to serve as token participants. Through these initiatives, state-based governments have the ability to wield their power and control the planning process to the detriment of indigenous governments. This study sets forth an alternative option involving cooperative land use planning practices where neither government controls the planning process. Drawing upon a case study of the Oneida Reservation in Wisconsin, USA, this study explores ways to increase cooperative land use planning relationships between indigenous and state-based governments. As one of the few empirical studies to apply critical planning theory to advocate for increased cooperative land use planning, this paper proposes a series of recommendations that can help indigenous and state-based governments avoid conflicts and work toward cooperative relationships.

Colorado River Indian Tribes Associate Judge Posting

Here:

ASSOCIATE.JUDGE.ANNOUNCEMENT

Federal Court Decides Quiet Title Act Matter

Here are the materials in Northern New Mexicans Protecting Land Water and Rights v. United States (D. N.M.):

22 US Motion to Dismiss

30 Response

31 Reply

33 DCT Order

Federal Court Allows Agua Caliente Possessory Tax Challenge to Proceed

Here is the opinion in Agua Caliente Band of Cahuilla Indians v. Riverside County (C.D. Cal.):

DCT Order

Briefs here.

John LaVelle on United States v. Bryant

Here is “‘Uncounseled’ convictions a threat to Indians.”

Federal Court Holds Tribe and Council are Subject to Discover in FTCA Suit against US

Here are the materials in Matt v. United States (D. Mont.):

37 Motion to Quash

40-1 Opposition

42 Reply

45 DCT Order Granting Motion to Quash

An excerpt:

Matt seeks documents in the possession of the Fort Belknap Community Council. (Doc. 26-1 at 2.) In order to satisfy Matt’s request, Council would be required to take affirmative action to produce tribal documents. (Doc. 37 at 3.) If the Court granted Matt’s request the judgment would “interfere with public administration” of the tribe and would “compel [the sovereign] to act.” Maxwell, 708 F.3d at 1087-90. The recovery sought in this case would operate against the tribe. Matt should not be allowed to “circumvent tribal immunity” by addressing the Subpoena Duces Tecum to Mark Azure instead of to the tribe.

54 Motion to Compel

55 DCT Order

An excerpt:

The Council entered into an ISDEAA contract for the maintenance of the roads on Matt’s property. The Council and its tribal members should be deemed part of the BIA and subject to the FTCA. The Council and its tribal members should be subject to discovery related to the construction and maintenance of the roads covered by the ISDEAA contract.

 

United States v. Bryant Background Materials

Merits Stage Briefs:

Brief for the United States

NCAI Amicus Brief

NIWRC Amicus Brief

Former US Attys Amicus Brief

Respondent’s Brief

Brief of Amici Curiae Criminal Justice Organizations and Scholars

Brief Amici Curiae of Professor Barbara L. Creel and the Tribal Defender Network

Brief Amici Curiae of the National Association of Criminal Defense Lawyers and Experienced Tribal Court Criminal Litigators

Cert Stage Briefs:

Cert Petition

NCAI Amicus Brief in Support

Opposition Brief

US Cert Stage Reply

Lower court briefs (en banc stage):

CA9 Order Denying En Banc Petition + Opinions

US En Banc Petition

NCAI Amicus Brief

Bryant Response

Lower court briefs (panel):

CA9 opinion in United States v. Bryant

Bryant Opening Brief

US Brief

Bryant Reply Brief

Bryant Supplemental Brief

US Supplemental Brief