Author: Matthew L.M. Fletcher

New Scholarship on the Economic Impact of IGRA

Matthew L.M. Fletcher

Randall K. Q. Akee, Katherine A. Spilde, and Jonathan B. Taylor have published “The Indian Gaming Regulatory Act and Its Effects on American Indian Economic Development” in the Journal of Economic Perspectives.

Here is the abstract:

The Indian Gaming Regulatory Act (IGRA), passed by the US Congress in 1988, was a watershed in the history of policymaking directed toward reservation-resident American Indians. IGRA set the stage for tribal government-owned gaming facilities. It also shaped how this new industry would develop and how tribal governments would invest gaming revenues. Since then, Indian gaming has approached commercial, state-licensed gaming in total revenues. Gaming operations have had a far-reaching and transformative effect on American Indian reservations and their economies. Specifically, Indian gaming has allowed marked improvements in several important dimensions of reservation life. For the first time, some tribal governments have moved to fiscal independence. Native nations have invested gaming revenues in their economies and societies, often with dramatic effect.

PDF.

First GTB Chair Walks On

Matthew L.M. Fletcher1 Comment

Here is “Ardith ‘Dodie’ Harris Died Aug. 1, 2015.”

Dodie lived an incredible life, leading the charge to federal recognition, leading the tribe as chair and as councilor, testifying before Congress and in federal court. Sad time.

She’s in the upper right — The First Council after Recognition:

First Council

DOJ ENRD Indian Resources Section Attorney Job Posting

Matthew L.M. Fletcher

Here.

The description:

The Indian Resources Section, U.S. Department of Justice, Environment and Natural Resources Division (ENRD) is seeking an experienced attorney for the position of Trial Attorney in Washington, DC. ENRD seeks to attract, retain, and promote individuals of exceptional ability and talent from all walks of life. The work environment and atmosphere are open, diverse, collegial and inclusive. ENRD places a high value on and fosters a work environment where people of all backgrounds, physical abilities, sexual orientations and experiences may reach their full potential.

The Indian Resources Section represents the United States in its trust capacity in litigation pending in federal and state courts for the benefit of Indian tribes and individual Indians. These suits include seeking to establish tribal water rights, protecting treaty hunting and fishing rights, remedying trespasses on tribal lands, and establishing reservation boundaries and rights to land. The Indian Resources Section also defends the United States in legal challenges to agency programs designed to further tribal sovereignty, such as the Department of the Interior’s program for acquisition of trust land for tribes. The litigation handled by the Indian Resources Section is of vital interest to Indian tribes and often addresses issues of first impression.

Goshen, IN Schools Drop R-Name Nickname

Matthew L.M. Fletcher1 Comment

Here are several news stories, some detailing the involvement of the Pokagon Band of Potawatomi Indians:

“Redskins mascot no more in Goshen: School board votes 5-2 to drop name”

“THE END OF GOSHEN ‘REDSKINS’: So, where do we go from here?”

“Goshen Redskins mascot to be retired Jan. 1, 2016”

Tenth Circuit Rejects Religious Objector’s Challenge to Oklahoma License Plate

Matthew L.M. Fletcher1 Comment

Here is the opinion in Cressman v. Thompson.ah-ok-plate2

Briefs:

1 Opening Brief

2 Appellees Brief

3 Reply Brief

Lower court materials here and here.

Prior Tenth Circuit case here.

 

ABA House of Delegates Urges Quick Implementation of Recommendations of Attorney General Taskforce

Matthew L.M. Fletcher

On August 4, 2015, the American Bar Association House of Delegates unanimously adopted Resolution 113, which adopts and urges prompt implementation by the Administration, Congress, and state and tribal governments of specific recommendations contained in the November 2014 report of the U.S. Attorney General’s Advisory Committee on American Indian/Alaska Native Children Exposed to Violence, entitled Ending Violence So Children Can Thrive. The resolution was co-sponsored by the National Native American Bar Association. NNABA member Jerry Gardner and NNABA board member Lauren van Schilfgaarde assisted in the drafting and initial push for the resolution through the ABA Section of Individual Rights and Responsibilities, newly renamed as the Section on Civil Rights and Social Justice, which also sponsored the Resolution.

Here’s the ABA link to the resolution: http://www.americanbar.org/news/reporter_resources/annual-meeting-2015/house-of-delegates-resolutions/113.html.

US Intervenes in Tulalip Tribes Tax Dispute with Washington UPDATED

Matthew L.M. Fletcher2 Comments

Here are the materials in Tulalip Tribes v. State of Washington (W.D. Wash.):

14 US Motion to Intervene

14-1 US Complaint in Intervention

Tulalip Tribes’ complaint is here.

UPDATE:

17 Snohomish Cty response

19 DOR Answer

Another Update in Cosentino v. Fuller Depublication Request

Matthew L.M. Fletcher1 Comment

Here:

Defendants’ Request for Depublication

Oppo to Viejas Band’s Depub Request

Opposition to Request of Defendants to Depublish

Opposition to Request of Group of 13

Prior depublication-related posts here and here.

Cal. COA opinion here.

Article – Improving State Court-Tribal Court Relations (Summer 2015)

Matthew L.M. Fletcher

Cribbing from a message sent by Gina Jackson at Casey:

See article by Judge Len Edwards (Ret.) on Improving State Court-Tribal Court Relations. The article has an appendix with great ideas as well. Judge Edwards has some other great resources here- http://judgeleonardedwards.com/

Excerpt-

“…there is judicial expertise and leadership that can be tapped through the Tribal Court – State Court Forum, a coalition of the various tribal court and state court leaders who come together as equal partners to address areas of mutual concern.”

Link to article here- https://app.box.com/s/y6e1cs7u8h0dw68i6ztbzo4ob403zz5b

To learn more about the California Tribal-State Judicial Forum, see website link here-  http://www.courts.ca.gov/programs-tribal.htm