New York Appellate Division Refuses to Disturb Injunction in Chukchansi Leadership Dispute

Here is the opinion in Wells Fargo Bank NA v. Chukchansi Economic Development
Authority (N.Y. A.D.):

Wells Fargo v Chukchansi

An excerpt:

Appellants contend that defendants-respondents Nancy Ayala, Karen Wynn, Charles Sargosa, and Tracy Brechbuehl (the Ayala faction or the individual Ayala defendants) do not enjoy sovereign immunity because their actions were illegal and not performed in an official capacity. However, to decide whether the Ayala faction’s actions were illegal, a court would have to determine whether the Ayala faction was the legitimate Tribal Council; this it may not do (see Sac & Fox, 340 F3d at 767).

Briefs:

Wells Fargo Brief

Chukchansi Brief (Marsten)

Chukchansi Brief (Rosette)

Lower court materials here, here, and here.

Federal Court Dismisses Illegal Gambling Indictments at St. Regis Mohawk

Here are the materials in United States v. Laughing (N.D. N.Y.):

248 Motion to Dismiss

249 DCT Order

We posted on this matter here, here, and here.

Big Horn General Stream Adjudication Symposium — Sept. 10-12, 2014

Here (PDF):

Big Horn Symposium Program_6-14_Page_1

 

Angelique EagleWoman Reflections on Being a Law Professor

Angelique EagleWoman has posted “Balancing between Two Worlds: A Dakota Woman’s Reflections on Being a Law Professor,” forthcoming in the Berkeley Journal of Gender, Law & Justice, on SSRN.

Here is the abstract:

There were many paths I considered as a young woman and none of them included becoming a law professor. My journey to my present life as a Dakota woman law professor is about balancing between the worlds I travel back and forth in. There is my tribal world , where I feel replenished and part of an on-going community experience stretching back to time immemorial. I feel that I am part of an unfolding history of endurance, strong Native women, and a participant in sustaining our traditional Native ways. On the other hand, there is the non-Indian world, where I often feel that I am a long-term visitor balancing in a foreign political and historical system, serving as a translator from the tribal traditional and historical world . As a law professor, I also serve as a translator between both the U.S. legal world and the tribal world of values embodied in tribal laws and norms.

In this article, I will discuss how I have balanced between these two worlds and found my way as a Dakota woman and law professor. The first sections of the article will describe my educational experiences, my sense of responsibility to my people, and my entry into the legal academy. In describing my experiences, it should be very apparent that I did not follow the usual trodden path to joining the legal academy. Rather, as a typical Dakota woman, I questioned academia as stemming from western civilization, struggled to assert my viewpoint as a tribal person, and dealt with real life experiences along the way. In the second section of the article, I offer my personal insights to my colleagues and those interested in joining the legal academy. This section reflects on the voices that resonated with me from the masterful and courageous work, Presumed Incompetent: The Intersections of Race and Class for Women in Academia. The final section concludes with my sense of commitment to continue balancing between two worlds to offer an example to the future generations of tribal peoples seeking legal educations and the fulfillment this brings.

Grand Traverse Band Chief Judge Job Posting

Here is the job description.

Here are the posting dates (they most certainly will be extended).

Florida Appellate Court Vacates $4.1M Judgment against Miccosukee Tribe

Here is the opinion in Miccosukee Tribe v. Bermudez (Fla. App.):

3D13-2153

We posted on two prior Florida appellate opinions related to this matter (there are apparently ten overall) here and here.

H/T Pechanga.

Hopi Tribe Posting for Deputy Prosecutors

Here:

LICENSED-DEPUTY-PROCESUTOR-E64-04292013

Federal Court Denies TRO in Begay v. Begay

Here:

28 NNOGC-Begay-DKT-0028-000 ME Order Denying TRO

Prior posts here and here.

New Student Scholarship on Off-Reservation Gaming

The UNLV Gaming Law Journal has published “Fencing the Buffalo: Off-Reservation Gaming and Possible Amendments to Section 20 of the Indian Gaming Regulatory Act” (PDF).

 

Update in Begay v Begay

Here:

17 NNOGC Motion for Leave to File Amicus Brief

17-1 NNOGC Amicus Brief

17-2 Exhibits A-D

17-3 Exhibits E-O

17-4 Exhibits P-T

19 Navajo Nation Motion to Intervene

20 Navajo Nation Motion to Dismiss

21 NNOGC-Begay-DKT-0021-000 Defs Response in Opp to Plfs App for TRO and OSC-Filed 7-2-14

21-1 NNOGC-Begay-DKT-0021-001 Exh A-C to Defs Response in Opp to Plfs App for TRO and OSC-Filed 7-2-14

Complaint and motion for TRO posted here.