Author: Matthew L.M. Fletcher

New Scholarship on Property Institutions and Income Dissipation in Indian Country

Matthew L.M. Fletcher

Jacob Russ and Thomas Stratman have posted “Missing Sticks: Property Institutions and Income Dissipation in Indian Country” on SSRN.

Here is the abstract:

This paper analyzes the economic consequences of property institutions. Federal land reform policy privatized American Indian reservation land in the 1880s. This reform intended to foster economic development on American Indian reservations by creating a system of individual private property. However, these new ownership rights were incomplete and accompanied by restrictions that have led to the fragmentation of land parcels into millions of shared ownership claims. Because land rights on Indian reservations do not include all of the sticks in the traditional property rights bundle, Indians face higher costs for real estate transactions. These additional costs preclude exchange and impede the productive use of reservation-land resources. Using data on Indian land ownership and agricultural leases in 2010, we provide the first quantitative evidence that incomplete property rights have worsened economic outcomes on Indian reservations. Our results show that increased ownership fractionation has reduced the incomes of American Indians on reservations and is associated with lower agricultural lease income, a measure of land productivity.

Report on Tribal Green Reentry Program

Matthew L.M. Fletcher

Here is “Cross-Site Evaluation of the Office of Juvenile Justice and Delinquency Prevention Tribal Green Reentry Program.”

An excerpt:

From 2009 through 2014, the Office of Juvenile Justice and Delinquency Prevention (OJJDP) funded demonstration grants to incorporate green technologies and environmentally sustainable activities in programs designed to help detained and reentering tribal youth successfully reintegrate into their communities and to prevent future juvenile justice system involvement among at-risk youth. Three American Indian tribes received Tribal Juvenile Detention and Reentry Green Demonstration (“Green Reentry”) grants: the Hualapai Indian Tribe (Arizona), the Mississippi Band of Choctaw Indians (MBCI; Mississippi), and the Rosebud Sioux Tribe (RST; South Dakota). Throughout their grant periods, the three sites received training and technical assistance from the Tribal Juvenile Detention and Reentry Resource and Technical Assistance Center, managed by the Education Development Center.

Student Scholarship on Mashantucket Pequot Tribe v. Town of Ledyard

Matthew L.M. Fletcher

The Connecticut Law Review has published “Mashantucket Pequot Tribe v. Town of Ledyard: The Preemption of State Taxes Under Bracker, the Indian Trader Statutes, and the Indian Gaming Regulatory Act.” It is here on SSRN.

Here is the abstract:

The Indian Tribes of the United States occupy an often ambiguous place in our legal system, and nowhere is that ambiguity more pronounced than in the realm of state taxation. States are, for the most part, preempted from taxing the Indian Tribes, but something unique happens when the state attempts to levy a tax on non-Indian vendors employed by a Tribe for work on a reservation. The state certainly has a significant justification for imposing its tax on non-Indians, but at what point does the non-Indian vendor’s relationship with the Tribe impede the state’s right to tax? What happens when the taxed activity is a sale to the Tribe? And what does it mean when the taxed activity has connections to Indian Gaming?

This Comment explores three preemption standards as they were interpreted by the Second Circuit Court of Appeals in a case between the State of Connecticut and the Mashantucket Pequot Tribe. In deciding whether preemption was the legally required outcome, the Court looked to and applied the landmark preemption analysis case White Mountain Apache Tribe v. Bracker, the Indian Trader Statutes, and the Indian Gaming Regulatory Act. While more than one legally correct outcome exists in this case, this Comment endorses and argues in favor of preemption based on the application of the Indian Gaming Regulatory Act and the preemption analysis required by Bracker.

Catholic Nuns Critical of Doctrine of Discovery

Matthew L.M. Fletcher

Here is “Nuns Blast Catholic Church’s ‘Doctrine Of Discovery’ That Justified Indigenous Oppression.“

Blast from the Past: The Miss. Band Choctaw v. Holyfield’s Ultimate Outcome (1991)

Matthew L.M. Fletcher

Marcia Coyle reported on what happened after the Supreme Court held that the tribal court had exclusive jurisdiction over the twins. Here is that article:

Coyle_After the Gavel Comes Down_NLJ_1991

Summer Intern Position within the Office of General Counsel of the National Indian Gaming Commission

Matthew L.M. Fletcher

Here:

Summer Intern Position with NIGC 2015

Eighth Circuit Rules Omaha Indian Reservation Not Diminished

Matthew L.M. Fletcher3 Comments

Here is the opinion. An excerpt:

Based upon the record evidence, the district court in this matter has done just that–accurately discerned the contemporaneous intent and understanding of the 1882 Act. The court carefully reviewed the relevant legislative history, contemporary historical context, subsequent congressional and administrative references to the reservation, and demographic trends, and did so in such a fashion that any additional analysis would only be unnecessary surplus. Ever mindful to “resolve any ambiguities in favor of the Indians,” there is nothing in this case to overcome the “presumption in favor of the continued existence” of the Omaha Indian Reservation. Yankton Sioux Tribe, 522 U.S. at 344 (quotation omitted); Yankton Sioux Tribe v. Podhradsky, 606 F.3d 985, 991 (8th Cir. 2010) (quotation omitted).

Briefs here.

Lower court materials here.

 

AG Guidelines Stating Principles for Working with Federally Recognized Indian Tribes

Matthew L.M. Fletcher

Here:

79 Fed Reg 73905

Legal Aid of Nebraska Seeking DV Attorney for Native American Victims

Matthew L.M. Fletcher

Here:

Attention – Attorney Position Open

Legal Aid of Nebraska, a law firm providing free civil legal services to low-income persons, seeks an attorney to serve Native American victims of domestic violence in Western Nebraska.  Must be admitted to practice in Nebraska or have a Nebraska license pending, and be licensed or willing to become licensed in the Ponca, Winnebago, Omaha and Santee Tribal Courts. This position entails extensive travel throughout panhandle and Cherry counties.  Duties will include but will not be limited to: provide assistance to members of the Omaha, Ponca, Santee, and Winnebago and to other Native Americans who are victims of domestic violence primarily residing in the panhandle and Cherry counties. This position entails providing training to law enforcement; making community presentations;  conducting outreach to Native American victims of domestic violence; developing culturally appropriate materials providing legal information and information about Legal Aid of Nebraska’s Native American Project and domestic violence; fostering relationships with the Tribes, tribal members, domestic violence agencies and other service providers. The attorney in this position also provides quality and aggressive representation of low-income Native American domestic violence victims who are clients of LAN primarily in state court, and, engages in the day-to-day practice of law according to the priorities and practices set by Legal Aid of Nebraska.  Ideal candidate will possess expertise in the area of domestic violence and demonstrate skill in tribal court practice or connection to Native American issues.  This is a full-time position requiring a committed individual. Company cell phone and laptop will be provided.  Location in Scottsbluff, Nebraska.

Legal Aid of Nebraska offers excellent supervision, training and support, and state-of-the-art technology.  Loan assistance repayment may be available assuming eligibility for Legal Aid’s repayment program.  Experience-based competitive salary.  Excellent benefits package.  Please send resume, references, writing sample and cover letter via email to: Muirne Heaney, Legal Aid of Nebraska, Interim Director of Litigation and Advocacy, at mheaney@legalaidofnebraska.com.  EOE.  Position open until filled.

Annette Farnan
Interim Executive Director

President Obama Officially Signs Law Repealing Alaska Exemption from VAWA Tribal Jurisdiction Provisions

Matthew L.M. Fletcher2 Comments

Here is S. 1474.