Author: Matthew L.M. Fletcher

Announcement: Key Issues in the Federal Circuit Affecting Federal Indian Law

Matthew L.M. Fletcher

Key Issues in the Federal Circuit Affecting Federal Indian Law

Thursday, May 14
12:00 – 1:00 p.m. ET

Onsite Location (please note, speakers will be onsite if you wish to register to attend in person):
FCBA
1620 I St, NW 801
Washington, DC 20006

Speakers
Adam Charnes, Partner, Kilpatrick Townsend & Stockton, LLP
David Smith, Partner, Kilpatrick Townsend & Stockton, LLP
Catherine Munson, Partner, Kilpatrick Townsend & Stockton, LLP

Moderator
Charlie Galbraith, Counsel, Kilpatrick Townsend & Stockton, LLP

Please join us for a panel discussion moderated by Charlie Galbraith, former White House Associate Director of Intergovernmental Affairs and Public Engagement, about important issues in the Federal Circuit affecting those practicing Federal Indian law. Adam Charnes, an appellate lawyer and former clerk for Justice Kennedy, will discuss the pending case of In re Tam, in which en banc review was granted April 27, considering the constitutionality under the First Amendment of the Lanham Act’s preclusion for registration of disparaging marks. David Smith, class counsel in Cobell v. Salazar and adjunct professor at Notre Dame Law School will discuss the current state of trust law in the Federal Circuit after the April 2, 2015, decision in Hopi Tribe v. U.S. Catherine Munson, the co-leader of the Native American practice at Kilpatrick Townsend will discuss current issues affecting 28 U.S.C. § 1500.

Private Practitioner Cost:
FCBA Member – Complimentary (use code: bv76ks6)
Non-Member $120

Government/Academic/Retired Cost:
FCBA Member/ Students – Complimentary (use code: bv76ks6)
Non-Member $35 (use code: pt72mf6)

To register for this Program, please follow these instructions:

1. To participate via the Internet, please visit our registration website: https://fedcirbar.webex.com and click on the Upcoming tab. Use registration password “FedCirc0414”. Please enter coupon code that applies (listed next to each category above) upon checkout to receive discounted price.

2. Those wishing to participate On-Site, with or without CLE credit, please use the form below.

3. Participation for law students is complimentary. Registration is required.

4. For special “group” pricing and student groups interested in FREE internet participation, contact Pam Twiford, twiford@fedcirbar.org.

5. FCBA will seek CLE credit for curriculum meeting CLE certification requirements from applicable states for paying registrants and FCBA members from within the United States (except OH, PA, IN, SC, & PR).

MSU/TICA Fall 2015 Conference Information

Matthew L.M. Fletcher

Here is the save the date flyer (PDF):

TICA save the date

Sponsor information (PDF):

2015 Conference Sponsorship Information revised_Page_1

2015 Conference Sponsorship Information revised2

New Scholarship on Tribal Emergency Declarations

Matthew L.M. Fletcher

Gregory Sunshine and Aila Hoss have posted “Emergency Declarations and Tribes,” forthcoming in the Michigan State University International Law Review.

An excerpt:

Tribes are sovereign nations that maintain a government-to-government relationship with the Unites States. As sovereign entities, tribes have inherent authority to protect the public health and welfare of their citizens. Tribes thus have the authority to undertake measures to prepare and manage public health emergencies in the manner most appropriate for their communities. Coupled with existing federal statutes, there are multiple mechanisms for tribes, either directly or through a state or the US federal government, to declare an emergency or receive the benefits of a federal declaration. This article summarizes several types of emergency declarations, including tribal declarations, Stafford Act declarations, and federal public health emergency declarations, and their implications for tribes.

 

Colorado River Indian Tribes Public Defender Job Postings

Matthew L.M. Fletcher

Here:

#34-15 Assistant Public Defender

#53-15 Public Defender

2014 National Survey of Tribal Court Systems Survey Deadline May 18, 2015

Matthew L.M. Fletcher

Here (PDF):

NAICJA-NSTCS Survey Flyer 050815

Montana Supreme Court Briefs in re: Crow Water Compact

Matthew L.M. Fletcher5 Comments

Here are the materials in In the Matter of the Adjudication of the Existing and Reserved Water Rights to the Use of Water, Both Surface and Underground, of the Crow Tribe of Indians of the State of Montana:

Allottees Opening Brief

Federal-State-Tribal Brief

Allottees Reply Brief

Eighth Circuit Briefs in Bettor Racing v. NIGC

Matthew L.M. Fletcher1 Comment

Here:

Flandreau Brief

NIGC Brief

Other briefs TK.

Lower court materials here.

Interior Department Jobs in ABQ

Matthew L.M. Fletcher

Two openings in the Solicitor’s Office, Southwest Region, in Albuquerque.  Working for agencies throughout the Department, but “emphasis on either the Bureau of Indian Affairs or the Bureau of Land Management.”

https://www.usajobs.gov/GetJob/ViewDetails/403406100

D.C. Circuit Briefs in Effort to Recover Litigation Expenses from Cobell Settlement Fund

Matthew L.M. Fletcher1 Comment

Here:

1 Opening Brief

2 Appellee Brief

3 Reply Brief

4 Indian Land Tenure Foundation Amicus Brief

Lower court materials here.

Federal Circuit Rejects Yurok Tribe’s ISDEAA Contract Claim

Matthew L.M. Fletcher

Here are the materials in Yurok Tribe v. Dept. of Interior:

CAFed Opinion

An excerpt:

The Yurok Tribe (Tribe) appeals from the Civilian Board of Contracting Appeals’ (Board) dismissal for failure to state a claim upon which relief may be granted. J.A. 2–3. Because the Tribe has not been awarded a contract, we affirm.

1 Yurok Opening Brief

2 Interior Answer Brief

3 Yurok Reply Brief