Author: Matthew L.M. Fletcher

Bridging Michigan: Eric Hemenway & Matthew L.M. Fletcher in Conversation (Today, 7PM)

Matthew L.M. Fletcher

Register here:

bridging-michigan-cover-slide-Sept-1

As part of Michigan Humanities’ commitment to dialogue around critical issues and their connection to the humanities, we are coordinating Bridging Michigan, an online conversation series this summer and fall with a focus on the history of systemic inequities, their current impacts on health, education, and Indigenous rights, and the ways that the arts and humanities are active parts of creating real change.

On Thursday, September 3, from 7 to 8 p.m. (EDT) join Michigan Humanities for an online conversation featuring Eric Hemenway and Matthew L.M. Fletcher discussing the history and current state of Native mascots.

Ninth Circuit Decides Pauma Band of Luiseño Indians v. California

Matthew L.M. Fletcher

Here is the opinion:

CA9 Opinion

Briefs here.

King County Deputies’ Negligence in Muckleshoot Member’s Death Beyond Wash. State Court Review

Matthew L.M. Fletcher

Here are the materials in Davis v. King County (Wash. Ct. App.):

8-31-20 Opinion

7-25-19 Appellant’s Brief

9-27-19 Amended Appellees’ Joint Response Brief

09-09-19 Appellees’ Joint Response Brief

10-9-19 Appellant’s Reply

An excerpt:

“Before addressing each of the estate’s arguments, we acknowledge that Davis’s death is tragic and echo the trial court’s sentiment that the application of RCW 4.24.420 here is problematic because it precludes claims where law enforcement officers’ actions and training may have been unreasonable, given their knowledge that the individual they were confronting was suicidal and armed. RCW 4.24.420 prevents courts and juries from reaching the issue of whether law enforcement’s negligence resulted in the loss of life. The statute is clear and precludes our evaluation of these policy questions.”

Amended Complaint in Census Case involving Navajo and Gila River

Matthew L.M. Fletcher

Here, in National Urban League v. Ross (N.D. Cal.):

2020 09 01 (61) Amended Complaint

San Carlos Apache Contract Support Costs Suit Dismissed

Matthew L.M. Fletcher

Here are the materials in San Carlos Apache Tribe v. Azar (D. Ariz.):

1 Complaint

13 Motion to Dismiss

21 Response

22 Reply

23 DCT Order

NIGC Settlement Materials re: St. Croix Chippewa

Matthew L.M. Fletcher

Here:

Notice of Settlement

Settlement Agreement

Notice of Violation

Notice of Proposed Civil Fine

California SCT Decides United Auburn Community of the Auburn Rancheria v. Newsom

Matthew L.M. Fletcher

Here is the opinion:

S238544

An excerpt:

This is a case about how California law applies to the delicate juncture of executive power, federalism, and tribal sovereignty. Under the federal Indian Gaming Regulatory Act (IGRA; 25 U.S.C. § 2701 et seq.), the United States Secretary of the Interior (Interior Secretary) may permit casino-style gaming on certain land taken into federal trust for an Indian tribe, so long as the Governor of the state where the land is located concurs. But nowhere in the California Constitution is the Governor granted explicit authority to concur in this cooperative-federalism scheme. We must decide whether the
Governor nonetheless has the authority to concur in the Interior Secretary’s determination to allow gaming on tribal trust land in California.

What we hold is that California law empowers the Governor to concur.

Briefs here.

Washington COA Holds Samish Trust Land is “Reservation” under State Tax Law

Matthew L.M. Fletcher

Here is the opinion in Samish Indian Nation v. Department of Licensing:

2020-08-31 Opinion of Court of Appeals

Briefs here.

Cheyenne & Arapaho SCT Decision on Attorney Fees Dispute

Matthew L.M. Fletcher

Here are the opinions and orders in Fredericks Peebles & Morgan LLP v. Cheyenne & Arapaho Tribes:

CA NUNC PRO TUNC SC-2019-01

CA SC-2019-01

DC Bar Indian Country Water Panel on 9/10

Matthew L.M. Fletcher

Folks can register here:

WEBCAST: Water Is Life: Inside the Struggle over Access to Water in Indian Country

Date(s):September 10, 2020

Event start time:  12:00 PM

Event end time:  2:00 PM

Credit: 0 Credit Hours

The coronavirus pandemic has focused public attention on water insecurity in Native American communities. On the Navajo Nation, for example, recent studies show that at least 15% of the population lacks access to running water. This event will feature elected officials, lawyers, and members of civil society who are working to protect and realize the right to safe, clean drinking water across Indian Country through litigation, advocacy, and infrastructure development.

Pre-registration for this program is required. As always, please feel free to share this invitation with colleagues. D.C. Bar membership is not required to attend.

Are you a current law student and looking to register for one of our programs? Learn about the D.C. Bar Law Student Community and attend most individual programs at a discounted rate. Find out more here.

Webinar registrants will receive access information by logging into the D.C. Bar website. You will need a headset or working computer speakers to hear the audio portion of the presentation.

Sponsored by: Indian Law Committee of the D.C. Bar Environment, Energy and Natural Resources Community

Related Community of Interest: D.C. Bar Law Student Community

Program Partner:  American Bar Association, Section of Environment, Energy and Resources (ABA-SEER); Environmental Law Institute (ELI); Native American Bar Association D.C. (NABA-DC)

Speakers:

  • Bryan Newland, Chairman, Bay Mills Indian Community
  • Katie Brossy, Senior Counsel, Akin Gump Strauss Hauer & Feld LLP
  • Emma Robbins, Navajo Water Project Director, DigDeep
  • Rose Petoskey, President, Native American Bar Association of DC (Moderator)