Author: Matthew L.M. Fletcher

Two Job Postings at Drummond Woodsum

Matthew L.M. Fletcher

Experienced Attorney Representing Indian Nations

Maine or New Hampshire

Drummond Woodsum, a law firm with more than 60 attorneys in offices in Portland, Maine and Portsmouth and Manchester, New Hampshire is seeking a Senior Associate or Junior Shareholder with  significant experience representing Indian nations and their enterprises to work in our Indian Law Practice Group.  The ideal candidate will have 6+ years of experience working directly with tribal clients in transactional matters and/or litigation.

Drummond Woodsum, a full service law firm, provides legal services of the highest quality to Indian nations and tribal businesses throughout the country.  The firm’s clients have the benefit of an interdisciplinary team of attorneys with distinct areas of expertise and over 60 years of combined experience in representing tribal clients.

Drummond Woodsum’s Work with Tribal Business Entities Includes:

  • complex gaming and other tribal business transactions
  • over $3 billion of completed tribal financings
  • litigation in tribal, federal, and state courts, including the United States Supreme Court
  • tribal enterprise and economic development strategies and consultation
  • real estate transactions including the acquisition, development and financing of real estate
  • timberlands work including the acquisition, financing and management of timberlands
  • Indian housing and Low Income Housing Tax Credits
  • tribal employment law and personnel management
  • tribal, state and federal tax issues
  • development of tribal codes, constitutions, and court systems
  • gaming and non-gaming land in trust applications
  • tribal environmental assessments and regulatory work
  • National Indian Gaming Commission and tribal gaming regulatory work
  • union labor negotiations and agreements
  • tribal-state negotiations
  • alternative dispute resolution, including arbitration and mediation

Applicants should have extensive experience working directly with tribal government officials; board members of tribal enterprises; and select developers, lenders or other businesses operating in Indian Country. The candidate must have a strong desire to be a direct contributor in a dynamic and collaborative working environment and to actively engage in helping to build a thriving Indian Nations practice through internal and external business and career development efforts. An energetic and creative problem-solver with superior interpersonal and client-management skills is required.

The compensation package includes a competitive salary, bonus potential, and excellent benefits.

If you are interested in joining Drummond Woodsum please send a letter of application and resume in complete confidence to:

Kathy Larkin, Hiring Coordinator

Drummond Woodsum

84 Marginal Way Suite 600

Portland, Maine 04101

klarkin@dwmlaw.com

All inquiries held in the strictest confidence.
No phone calls, please.

 

DRUMMOND WOODSUM ASSOCIATE ATTORNEY JOB ANNOUNCEMENT

Drummond Woodsum, a law firm with more than 60 attorneys in offices in Portland, Maine and Portsmouth and Manchester, New Hampshire is seeking an Associate with 0-2 years of experience to work in our Indian Law Practice Group, primarily representing Indian Nations and Tribal Governments.

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NIGC Orders Chukchansi Casino to Close on October 27 unless IGRA Violations Corrected

Matthew L.M. Fletcher

Here is the order:

Chukchansi TCO

News coverage here: “Chukchansi casino faces closure, huge federal fines for missing audits.”

Mashpee Wampanoag Tribe Seeks Supreme Court Judge

Matthew L.M. Fletcher

Here:

Supreme Court Judge of the MashpeeWampanoag Tribe

Guide for Franchisors Negotiating with Indian Nations or Tribal Entities

Matthew L.M. Fletcher

Heidi McNeil Staudenmaier and Michael Coccaro have published “Negotiating with a Tribe or Tribal Entity: Practical Tips for Franchisors” in the Franchise Law Journal.

Pyramid Lake Tribe Prevails in Suit against IHS

Matthew L.M. Fletcher

Here are the materials in Pyramid Lake Tribe v. Burwell (D. D.C.):

12 Pyramid Lake Motion for Summary J

14 IHS Motion for Summary J

18 Pyramid Lake Reply

21 US Reply

26 Memorandum Opinion

27 Order

Kate Fort on Observing ICWA Cases in State Courts

Matthew L.M. Fletcher1 Comment

Our own Kate Fort has posted her paper, “Observing Change: The Indian Child Welfare Act and State Courts,” published in the New York State Bar Association Family Law Review earlier this year. It is available on SSRN.

Here is her abstract:

ICWA is one of the foundational laws of federal Indian law, but it usually arises in the broader public consciousness when there is a voluntary adoption subject to the law. Recently, the law was subject to Supreme Court review in Adoptive Couple v. Baby Girl. A heart-wrenching case, but ICWA is far more regularly applied in abuse and neglect cases. Any involuntary removal of an American Indian child, as defined by the Act, requires the application of ICWA. While cases of voluntary adoptions designed to thwart the requirements of ICWA require constant vigilance from states and tribes, the law provides broader protections for those families in the state child welfare system.

This article posits one way to both collect data about abuse and neglect compliance within the framework of ICWA, and increase that compliance through collaborative change to the systems. QUICWA, a project by the Minneapolis American Indian Center, consists of a group of interested stakeholders who have created a checklist to measure what happens in each individual hearing where the court must apply ICWA. While other groups, such as the National Council of Juvenile and Family Court Judges, use a different checklist format, the goal of the projects are similar — to find ways to increase compliance with ICWA. Funded in collaboration with Casey Family Programs, law schools and social work programs in key states have started observing ICWA hearings using the QUICWA checklist. In Michigan, the Michigan State University College of Law has observed ICWA hearings in three counties, using law students as observers. Though family law is driven by narrative, collecting data is vital to identify patterns surrounding fairness and due process in the individual stories.

NITA Post-Conference Wrap-Up

Matthew L.M. Fletcher

Here (PDF):

NATIONAL INTERTRIBAL TAX ALLIANCE WRAPS UP ITS 16TH ANNUAL TAX CONFERENCE – SEPTEMBER 24-15, 2014 – Harrah’s Resort Southern California (Rincon Band of Luiseño Indians), Valley Center, California

VALLEY CENTER, CA October 1, 2014– The National Intertribal Tax Alliance (NITA) wrapped up its 16th Annual conference, September 24-25, 2014 hosted and sponsored by the Rincon Band of Luiseño Indians and held at their fabulous and newly-renovated Hotel and Casino in Valley Center, California just northeast of San Diego. NITA is the foremost Native organization focusing on tribal taxation issues for tribal governments and tribal enterprises. This year’s well-attended conference included many “hot topic” tribal taxation issues facing tribes in Indian Country today.

Rincon Band Chairman Bo Mazzetti welcomed attendees, followed by an Opening Prayer by Council Member, Laurie Gonzalez. Past NITA Board Chairperson, Mary Mashunkashey gave the Opening remarks thanking all the speakers and conferees for their participation emphasizing the importance of NITA’s conferences as vital element to the mission and objectives in assisting and disseminating information on current tribal tax issues to tribes and tribal tax commissions which affects many aspects of tribal sovereignty.

Headlining this year’s Conference was Keynote Speaker Matthew Fletcher, Professor of Law at Michigan State University College of Law and Director of the Indigenous Law and Policy Center. Professor Fletcher is also primary editor of the popular Indian law blog, “Turtle Talk.” (https://turtletalk.wordpress.com). Professor Fletcher delivered an intriguing and thought-proving address focusing on “Rights Without Remedies” regarding court decisions affecting tribal sovereign immunity in various court cases where the right of a state under federal Indian law was unenforceable against an Indian tribe due to sovereign immunity. His keynote explains the court’s reaffirmation of the “clear statement rule.” He states “the clear statement rule recognizes that Congress has plenary authority to regulate tribal governance authority, but also that Congress retains a general trust responsibility to Indian nations and Indian people, requiring Congress to make clear, plain and express any intent to restrict tribal authority.” Professor Fletcher went on to explain different areas of tribal authority and the Legislative arena emphasizing that “Congress might pay more attention this time.” Professor Fletcher’s paper is contained in the Conference booklet available on the NITA website (see below for link.)

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Arizona Attorney (Bar Journal) Article on the Washington Football Team Trademark Case

Matthew L.M. Fletcher

Ken Motolenich-Salas has published “Redskins Trademark Cancellations: The Revivial of the Disparagement Doctrine” in Arizona Attorney. (PDF)

Materials in Latest Round of Contempt Proceedings against Ysleta del Sur Pueblo

Matthew L.M. Fletcher1 Comment

Here are the new materials in State of Texas v. Ysleta del Sur Pueblo (W.D. Tex.):

423 Texas Motion for Contempt

431 Pueblo Response to Motion for Contempt

468 Pueblo Motion for Summary J

469 Texas Opposition to Motion for Summary J

470 Pueblo Reply in Support of Motion for Summary J

471 Pueblo Motion to Exclude

473 Texas Opposition to Motion to Exclude

477 Pueblo Reply in Support of motion to Exclude

483 DCT Order to Show Cause

News coverage on the show cause hearing here.

U.S. Department of Education Launches First-Ever School Environment Listening Tour for Native American Students

Matthew L.M. Fletcher

Here:

Office of Communications & Outreach, Press Office   

400 Maryland Ave., S.W.

Washington, D.C. 20202                 

MEDIA ADVISORY

EVENT DATE: Friday, Oct 10, 2014

CONTACT: Press Office, (202) 401-1576 or press@ed.gov

 

U.S. Department of Education Launches First-Ever School Environment Listening Tour for Native American Students

Tour stops set for Wisconsin, Michigan, Oklahoma, New York, California, Alaska and Washington state

The White House Initiative on American Indian and Alaska Native Education (WHIAIANE) and the U.S. Department of Education’s Office for Civil Rights are launching their first-ever school environment listening tour to hear from schools and communities on ways to better meet the unique educational and culturally-related academic needs of Native American students.

The listening sessions will focus on school environment – bullying, student discipline and offensive imagery and symbolism. WHIAIANE will compile the feedback from the tour into a report for President Obama with recommendations on how to ensure that Native American students receive a high quality education.

The first stop on the tour is Friday, Oct. 10, in Franklin, Wisconsin, at the Indian Community School of Milwaukee, followed by another session on Sunday, Oct. 26, in Lacrosse, Wisconsin. Additional listening sessions will be held in coming weeks in Seattle, Washington; Ann Arbor, Michigan; Tulsa, Oklahoma; Oklahoma City, Oklahoma; Troy, New York; Los Angeles, California; and Anchorage, Alaska.

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