Author: Matthew L.M. Fletcher

Eighth Circuit Affirms Dismissal of Two Shields v. Wilkinson

Matthew L.M. Fletcher2 Comments

Here is the opinion:

Two Shields Opinion

An excerpt:

Appellants Ramona Two Shields and Mary Louise Defender Wilson are Indians with interests in land allotted to them by the United States under the Dawes Act of 1887. Such land is held in trust by the government, but may be leased by allottees. Two Shields and Defender Wilson leased oil and gas mining rights on their allotments to appellee companies and affiliated individuals who won a sealed bid auction conducted by the Board of Indian Affairs (BIA) in 2007. Subsequent to the auction, appellants agreed to terms with the winning bidders, the BIA approved the leases, and appellees sold them for a large profit. Appellants later filed this putative class action in the District of North Dakota, claiming that the United States had breached its fiduciary duty by approving the leases for the oil and gas mining rights, and that the defendant bidders aided, abetted, and induced the United States to breach that duty. The district court concluded that the United States was a required party which could not be joined, but without which the action could not proceed in equity and good conscience, and dismissed the case. Appellants challenge that dismissal. For the reasons stated below, we affirm.

Briefs here.

Laguna Pueblo Prosecutor Position Posting

Matthew L.M. Fletcher

Here:

Prosecutor (SAUSA) 2014-100B

Onion: Justice Alito Sent Down to Minors

Matthew L.M. Fletcher

Here is “Struggling Justice Alito Sent Down To Lower Federal Court.”

Previously, the Court unveiled its spring line: “Supreme Court Debuts New Spaghetti Strap Sun-Robes For Spring.”

NYTs: “Christopher Lee Dies at 93”

Matthew L.M. Fletcher

Terrible news. One of the great ones.

Here.

New Scholarship on Protecting Indian Women

Matthew L.M. Fletcher

The University of Pennsylvania Journal of International Law has published “Too Many Gaps, Too Many Fallen Victims: Protecting American Indian Women from Violence on Tribal Lands.”

 

 

Executive Office of US Attorneys Seeks Lawyer for Indian Affairs Position

Matthew L.M. Fletcher

Here.

The description:

The Attorney-Advisor will serve as the Native American Issues Coordinator and will work under the supervision of the Assistant Director of the IVCC Staff, EOUSA. Duties of the Native American Issues Coordinator include but are not limited to the following:
• Provide advice and assistance to the USAOs on legal and programmatic initiatives relating to Indian Country issues.
• Act as the liaison to the Native American Issues Subcommittee of the Attorney General’s Advisory Committee of United States Attorneys.
• There is an expectation of independence afforded to the staff member, as well as required initiative to develop, manage, and initiate new and major projects in accordance with the significance of the issue, Department priorities, overall expectations, goals and available resources.

• Assignments involve serving as the point of contact on all matters, criminal and civil, pertaining to Native American issues on behalf of EOUSA and the USAOs; providing support to the USAOs; and coordinating and resolving legal issues.

• Draft Congressionally-mandated reports and statements for the record for Congressional hearings relating to issues affecting American Indians and Alaska Natives.

• Draft and assist with the implementation of initiatives and national policy to further the mission of the Department.

• Act as a liaison between the Department of Justice and other federal agencies in matters pertaining to Indian Country.

• Work closely with the Department’s components, including Leadership, to further the Department’s mission in Indian Country. The incumbent will also work with other federal, state, and tribal agencies, and non-governmental organizations. Accordingly, the incumbent must have the ability to work well with others and to handle issues in a professional, diplomatic, and cordial manner.
• There may be occassional travel to districts that have Indian Country.

Federal Court Dismisses ADEA Claim against Tribal Casino

Matthew L.M. Fletcher

Here are the materials in Boricchio v. Chicken Ranch Casino (E.D. Cal.):

13-1 Motion to Dismiss

18 Opposition

20 Reply

24 DCT Order

Maylinn Smith on Indian Country Justice

Matthew L.M. Fletcher3 Comments

Maylinn Smith has published “And justice for all, someday: Indians, Alaska Natives face unique obstacles” in this month’s issue of the Montana Lawyer.

Federal Court Imposes $200K Appeal Bond on Wolfchild Appeal

Matthew L.M. Fletcher3 Comments

Here are the relevant materials in Wolfchild v. Redwood County (D. Minn.):

208 Lower Sioux Community Motion for Rule 11 Sanctions

291 DCT Order

Materials on the court’s dismissal of the claim are here.

Fletcher on “A Short History of Indian Law in the Supreme Court”

Matthew L.M. Fletcher

Here is “A Short History of Indian Law in the Supreme Court,” published in the ABA Human Rights Magazine, May 2015.

I also wrote a short description of the American Law Institute’s restatement project in the same issue of the magazine: “A Federal Indian Law Restatement?”