Here are the materials in Young-Man v. Fallon Paiute-Shoshone Tribe (D. Nev.):
Author: Matthew L.M. Fletcher
Miccosukee Effort to Disqualify Judge in Billy Cypress Matter Fails
Here are the materials in Miccosukee Tribe of Indians v. Cypress (S.D. Fla.):
408 Miccosukee Motion to Disqualify Judge
410 Lewis & Tein Opposition to 408
411 Lehtinen Opposition to 408
416 Miccosukee Reply in Support of 408
417 Order Denying Motion to Disqualify
A large part of the case is pending before the CA11. We posted on the lower court materials here (denial of tribe motion to reconsider), here (tribe motion to reconsider), and here (granting motion to dismiss).
Michigan Tribal State Judicial Forum Visit to LTBB Tribal Court
Yesterday afternoon, Chief Judge Allie Maldonado provided a tour of the tribal court at Little Traverse. Tribal Prosecutor Matt Lesky also made a short presentation.
Tenth Circuit Refuses to Vacate Conviction under Indian Status Theory
Here is the opinion in Nowlin v. United States.
An excerpt:
Our case law employs a two-part test to determine who is an “Indian” under § 1153: a person must (1) have “some Indian blood” and (2) be “recognized as an Indian by a tribe or by the federal government.” United States v. Prentiss, 273 F.3d 1277, 1280 (10th Cir. 2001). Mr. Nowlin argues that the first half of this test was not met. But his plea colloquy established that his mother is an enrolled member of the Shoshone tribe. And, as a previous panel recognized in an unrelated case involving Mr. Nowlin, the fact that one of his parents was “clearly identified as an Indian” is enough to satisfy this part of the test. United States v. Nowlin, 555 F. App’x 820, 823 (10th Cir. 2014) (quoting United States v. Maggi, 598 F.3d 1073, 1077 (9th Cir. 2010)) (internal quotation mark omitted).
Briefs later, when we get them.
Michigan Tribal-State Judicial Forum at LTBB
LTBB Vice Chair Deb DeLeon welcome
Pokagon Band/Gun Lake Band Chief Judge Michael Petoskey
Retired State Court Judge/Casey Family Programs facilitator Bill Thorne
Other attendees
Fletcher Talk at BYU Plenary Power Colloquium
Y mountain
Lunch w the colloquium at Black Sheep, a Navajo themed restaurant.
Omaha Tribe Judge and Prosecutor Postings
Reposting upon request:
1.)
POSITION : Chief Tribal Judge
SALARY : Negotiable
OPENING DATE : September 02, 2014
CLOSING DATE : Until Filled
LOCATION : Omaha Tribal Court
Omaha Tribe of Nebraska
Macy, NE 68039
Assistant Secretary Kevin Washburn to Keynote MSU ILPC’s 2014 Annual Conference: “Dismantling Barriers in American Indian Education” — Nov. 20, 2014
We are pleased to announce that Interior Dept. Assistant Secretary for Indian Affairs Kevin Washburn will serve as our keynote speaker for our 2014 annual conference.
Anita Fineday will serve as our lunchtime speaker.
Our agenda is as follows:
November 20th, 2014
Castle Board Room
8:00am Continental Breakfast
8:30 am Welcome, Dean Joan Howarth
9:00 am Keynote Speaker: Asst. Sec. Kevin Washburn
10:00 am- 11:00 am Boarding School and Intergenerational Trauma: Dr. Suzanne Cross (MSU), Hunter Genia, Saginaw Chippewa Tribe
11:15am-12:15pm Historical and Legal: Nicole Blalock (ASU), Melody McCoy (NARF), April Day (Kilpatrick Townsend & Stockton) Moderator, Kristi Bowman (MSU Law)
12:30pm – 1:15pm Lunch, Anita Fineday, Casey Family Programs
1:30pm- 2:30pm Sovereignty and Education: Treena Metallic (First Nations Education Council), Eric Hemenway (Little Traverse Bay Bands of Odawa Indians), Moderator, Tiffani Darden (MSU Law)
2:30 pm – 3:15 pm Youth Leadership and Outreach: Estrella Torrez (MSU), Emily Proctor (MSU Extension, Little Traverse), Christine Marie Dewey (Little Traverse student), Moderator Jennifer Rosa (MSU Law)
3:30pm – 5:30pm Higher Education Native Student Services: Dr. Tawa Sina (MSU), Dr. Angelique Day (Wayne State), Shelly Lowe (Harvard), Rose Petoskey (Cornell), Melvin Monette (American Indian Graduate Center & National Indian Education Association), Dr. Suzanne Cross (MSU), Moderator, Matthew L.M. Fletcher (MSU Law)
Our conference page is here.
Our conference will follow the day after the School Environment Listening Tour for Native American Students on November 19, 2014.
MSU ILPC to Host Dept. of Education School Environment Listening Tour for Native American Students — Nov. 19, 2014
The US Dept. of Education’s White House Initiative on American Indian and Alaska Native Education will be conducting a listening session on Native American students’ educational environment. They will make a stop at MSU’s Kellogg Center Auditorium on Wednesday, November 19, 2014. Events begin at 1 PM and run until 6 PM (TIME CHANGE).
The listening sessions are focusing on school environment issues — bullying, student discipline and offensive imagery and symbolism. The White House Initiative on American Indian and Alaska Native Education is gathering feedback during the tour and will consider how it can inform future action to ensure Native American students receive a high quality education.
The media advisory is here.
Interested persons may register here (click EAST LANSING). Registration will allow you to be kept informed on the agenda and other details.
Native students are strongly encouraged to attend!
Miigwetch.
Third Circuit Holds NAGPRA Does Not Require Repatriation of Jim Thorpe’s Remains
Here is the opinion in Thorpe v. Borough of Jim Thorpe:
Jim Thorpe Opinion [Update — the clerk has withdrawn this version of the opinion for quality control.]
An excerpt:
Thorpe’s remains are located at their final resting place and have not been disturbed. We find that applying NAGPRA to Thorpe’s burial in the Borough is such a clearly absurd result and so contrary to Congress’s intent to protect Native American burial sites that the Borough cannot be held to the requirements imposed on a museum under these circumstances. We reverse the District Court and hold that the Borough is not a “museum” under NAGPRA for the purposes of Thorpe’s burial.
Briefs here and here. Oral argument audio here.
Lower court materials here.
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