Author: Matthew L.M. Fletcher – Page 567

Appellants filed suit against the Department of the Interior (the
“Department”) seeking a declaration of rights that the Department’s enforcement of the Migratory Bird Treaty Act (the “MBTA”) and the Bald and Golden Eagle Protection Act (the “Eagle Protection Act”) violates the Free Exercise Clause of the First Amendment and the Religious Freedom Restoration Act (“RFRA”) because it prohibits American Indians who are not members of federally recognized tribes from possessing bald and golden eagle feathers. The district court granted the Department’s motion for summary judgment, finding that the Department’s implementation of the Eagle Protection Act was narrowly tailored to a compelling governmental interest. Because we find that the Department did not provide sufficient evidence that the policy of limiting permits for the possession of eagle feathers to members of federally recognized tribes survives the scrutiny required by RFRA, we REVERSE the district court’s grant of summary judgment and REMAND for proceedings consistent with this opinion.

Briefs here.

Mark Chavaree Op/Ed on Penobscot River Suit

August 20, 2014Matthew L.M. Fletcher

Here is “Penobscot Nation suing Maine to fight for namesake river.”

Mark Chavaree is a member of the Penobscot Nation and serves as the tribe’s General Counsel. He grew up on Indian Island and resides there with his family.

Navajo SCT Rules that Navajo Courts Retain Jurisdiction over Navajo Children Residing Off-Reservation

August 20, 2014Matthew L.M. Fletcher

Here is the opinion in Nouri v. Crownpoint Family Court. The court’s syllabus:

The Supreme Court issues its Opinion and Order Denying Writ of Prohibition regarding competing child custody actions filed by parents in Navajo and state courts. Jurisdiction of the Navajo court over the child was challenged because the child who formerly resided in Fort Defiance now resides with her mother in Albuquerque. The Court affirms that the Nation has jurisdiction over Navajo children wherever they may reside, which arises from inherent sovereignty as acknowledged at 7 N.N.C. 253(B). The Court further affirms that the Álchíní Bi Beehaz’áannii Act is not the basis for jurisdiction over privately filed family actions in which parents are legally capable of making decisions for their children.

Ninth Circuit Rules in Favor of Lummi Tribe in Treaty Fishing Dispute

August 20, 2014Matthew L.M. Fletcher1 Comment

Here is the court’s opinion in United States (Lower Elwha Klallam Indian Tribe) v. Lummi Tribe:

CA9 Opinion

The court’s syllabus:

The panel reversed the district court’s summary judgment entered in favor of the Klallam Tribe in a case involving a fishing territory dispute between two sets of Indian Tribes, brought pursuant to the continuing jurisdiction of the 1974 “Boldt Decree” issued by the U.S. District Court for the Western District of Washington.

The panel held that the issue of whether the waters immediately to the west of northern Whidbey Island were part of the Lummi Tribe’s usual and accustomed fishing grounds had not yet been determined. The panel held, therefore, that the district court erred in concluding that the issue was controlled by law of the case. The panel remanded to the district court for further proceedings.

Judge Rawlinson dissented because she would hold that the district court properly applied the law of the case doctrine where the fishing rights issue was addressed in the prior opinion United States v. Lummi Indian Tribe, 235 F.3d 443 (9th Cir. 2000).

Briefs and other materials here.

NSF funds pilot project aimed at increasing the number of American Indians and Alaska Natives faculty members

August 20, 2014Matthew L.M. Fletcher

Here. An excerpt:

The National Science Foundation (NSF) is funding a new pilot project designed to increase the representation of American Indian and Alaska Natives in tenure track positions.

This pilot project will provide varied types of supportive resources to a select group of American Indian and Alaska Native students who are studying science, technology, engineering or mathematics (STEM) at U.S. colleges and universities. These resources will provide participating students with motivating encouragement, practical skills and intellectual experiences that will help compel them to stay in their chosen STEM field–so that they will earn the necessary academic credentials to land tenure track positions at U.S. colleges and universities.

NSF is awarding $1.5 million over five years to the American Indian Science and Engineering Society (AISES) to implement the pilot program, which is called “Lighting the Pathway to Faculty Careers for Natives in STEM.”

Wisconsin State Bar 3rd Annual Indian Law CLE

August 20, 2014Matthew L.M. Fletcher

Registration here. Agenda here:

8:10 a.m. – 9:30 a.m.
Case Law and Legislative Update including Featured Discussion of the SCOTUS Bay Mills Decision

Colette Routel, William Mitchell College of Law
Tom Springer, Whyte Hirschboeck Dudek S.C.

9:30 a.m. – 10:50 a.m.
Intellectual Property Rights in Indian Country

Lenor Scheffler, Best and Flanagan
David Zubke, Best and Flanagan
Samantha Greendeer-Skenandore, Skenandore Law

10:50 a.m. – 11:00 a.m.
BREAK

11:00 a.m. – 12:20 p.m.
The Role of a Guardian ad Litem in a WICWA Case

Judge Butts, Cheboygan County, Michigan District Court
Paul Stenzel, Stenzel Law Office
Prof. Mary Jo Hunter, Hamline University School of Law
Mike Vruno, Legal Aid Society of Milwaukee

12:20 p.m. – 1:20 p.m.
Lunch sponsored by Whyte Hirschboeck Dudek S.C.

1:20 p.m. – 2:30 p.m.
Drug Endangered Children in Indian Country

Cindy Giese, Wisconsin Department of Justice
Courtney Allensworth, Lac Courte Oreilles Band of Lake Superior Chippewa

2:30 p.m. – 3:40 p.m.
Natural Resource Development in Indian Country

Professor Larry Nesper, University of Wisconsin
Erick Arnold, Bad River Band of Lake Superior Chippewa
Atty. Jennifer H. Weddle, Greenberg Traurig

3:40 p.m. – 3:50 p.m.
BREAK

3:50 p.m. – 4:50 p.m.
Ethics for Attorneys Working in Indian Country
Professor Wenona Singel, Michigan State University College of Law

4:50 p.m. – 5:00 p.m.
Closing