Wisconsin COA Briefs in Tribal Immunity Matter

Here are the briefs in Harris v. Lake of the Torches Resort & Casino (Wis. App.):

Harris Opening Brief

Tribal Response Brief

Harris Reply

Materials in PACT Act & CCTA Claim in New York

Here are the materials in State of New York v. King Mountain Tobacco Co. (E.D. N.Y.):

142-5 Delbert Wheeler Motion to Dismiss

143 New York Response

147 New York Response

149 Delbert Wheeler Reply

151 DCT Order

Federal Court Decides Walker River Paiute NAHASDA Funding Allocation Challenge

Here are the materials in Walker River Paiute Tribe v. HUD (D. Nev.):

18 Walker River Paiute Motion for Summary J

21 HUD Response & Cross Motion

27 Walker River Paiute Reply

31 HUD Reply

40 HUD Supplemental Brief

41 Walker River Paiute Supplemental Brief

45 DCT Order

Second Circuit Rejects Schaghticoke Land Claims

Here is the unpublished opinion in Schaghticoke Tribal Nation v. Kent School Corp. Inc.:

Schaghticoke CA2 Opinion

An excerpt:

Ultimately, the district court concluded that the evidence submitted by STN was insufficient to satisfy the Montoya standard requiring that the group be “united in a community under one leadership or government.” Montoya, 180 U.S. at 266. In so deciding, it relied on DOI’s conclusions that STN had presented insufficient direct evidence of a distinct tribal community from 1920 to 1967 and after 1996, and of political authority  over tribal members from 1801 to 1875 and after 1996. It was appropriate for the district  court to rely on the DOI’s factual findings. To hold to the contrary would require the district court to conduct the independent, complex evidentiary hearing that this Court sought to avoid in Golden Hill.

Briefs and lower court materials here.

Ninth Circuit Materials in Tulalip Tribes v. State of Washington — Gaming Compact Dispute

Here are the briefs:

Tulalip Opening Brief

Samish Amicus Brief

Washington Brief

Tulalip Reply

Oral argument audio here.

Lower court materials here:

13 Tulalip Motion for Summary J

20 Washington Response

28 Tulalip Response

29 Tulalip Reply

30 Washington Reply

39 DCT Order

Little Traverse Bay Bands Odawa Court Administrator Posting

Here (Court Administrator ad 12-12-2014):

Court Administrator ad 12-12-2014

Bank of the Sierra v. Picayune Rancheria of the Chukchansi Indians Materials

Here:

1 Complaint

14 DCT Order Dismissing Case

15 Unification Council Motion to Vacate Order

22 McDonald Council Opposition

23 Unification Council Reply

27 DCT Order Disbursing Funds

Casino, Marijuana, and Same-Sex Marriage News from Keweenaw Bay Indian Community

Here is “KBIC votes down new casino; okays legal pot, same-sex marriage.”

Update in Habeas Matter in Nez Perce Tribal Court

Here a motion for default in the matter captioned Cunningham v. Card:

Motion to Compel Habeas

We posted the petition here.

Jeannine Bell on How to Improve Discussion of Race in the Classroom

Here is “How to Improve Discussion of Race in the Classroom,” by Jeannine Bell, who teaches at Indiana University law school.

An excerpt:

The grand juries’ decisions not to indict white police officers in the deaths of Michael Brown and Eric Garner bore all the hallmarks of sensitive topics that, to keep the peace, should be discussed only in private, or in small groups of people who share the same race and politics.

I don’t have that luxury. I teach criminal procedure to a racially mixed group of law students. Early in the semester we had discussed the constitutional requirements for the use of deadly force by the police. Coming into class the day after the Ferguson decision was announced, I knew we needed to talk.

I also wanted to talk. Though segregation is no longer required by law, too many Americans nevertheless grew up in segregated neighborhoods and attended segregated schools. A 2013 study by the Public Religion Research Institute revealed many whites’ social networks to be overwhelmingly—more than 90 percent—white. Giving in to the temptation to avoid all talk of race is a mistake because it helps perpetuate those divides.