Author: Matthew L.M. Fletcher

Florida Appeals Court Strips Miccosukee Tribal Court of Jurisdiction in UCCJEA Matter

Matthew L.M. Fletcher

Here is the opinion in Billie v. Stier:

Fla Ct App Opinion

An excerpt:

This Petition for a Writ of Prohibition evolves out of a custody dispute between the mother, who is a member of the Miccosukee Tribe of Indians, and the father, who is not a member  of the tribe of Native American heritage. The issue is whether the Miccosukee Tribal Court or the Circuit Court of the Eleventh Judicial Circuit has the jurisdiction to decide the custody dispute. The mother petitions for a writ prohibiting the Circuit Court from exercising jurisdiction over the custody matter. Based on the facts of this case and the Uniform Child Custody, Jurisdiction, and Enforcement Act (“UCCJEA”), we conclude that the Circuit Court was correct in determining that it, and not the Tribal Court, has  jurisdiction to decide the custody issues and we therefore deny the petition.

Black Ash Basket — EAB Conference 2014

Matthew L.M. Fletcher

Black Ash Basket- EAB Conference 2014
“Sustaining Traditions”

WHEN: October 30th, 2014 – THURSDAY
8:30am – 5:00pm EAB/Black Ash Conference
6:00pm – 9:00pm Basket Making, Working with Logs

WHERE: BEST WESTERN PLUS Hotel and Conference Center
6820 S. Cedar Street
Lansing, MI 48911
Phone: 517-694-8123
Toll Free: 800-528-1902
***A block of rooms has been set aside and can be reserved by calling the hotel directly for $88.50 per night plus tax. Please mention for this rate: Ash Conference
(This does not include breakfast)
*Reservations can be made beginning April 30th, 2014
thru September 30th, 2014.

TRAVEL: The Capital City Airport is located in Lansing, Michigan and the hotel has shuttle transportation that can be arranged by calling the hotel 48 hours in advance. There are also Taxis available, but the hotel shuttle is complimentary.
Easy access off of I-96 for those driving in.

PARKING: There is plenty of free parking onsite.
DINING: There is a restaurant and lounge onsite, and a Wendys, and Burger King within .10 of a mile. There are also other eateries such as Applebees within one mile.

REGISTRATION: You can register by printing out the registration form and sending back with check or money order to: Kelly Church PO Box 118 Hopkins, MI 49328
Registration DEADLINE: September 30th, 2014

Nottawaseppi Huron Band Legal Dept. Seeks Law Student Workers (Summer and School Year)

Matthew L.M. Fletcher

Here:

Legal Intern

Contact info:

HR@nhbpi.com

Final Notice of NNABA Survey

Matthew L.M. Fletcher

FINAL REMINDER: SURVEY CLOSING ON APRIL 30! PLEASE TAKE PART IN HISTORIC SURVEY BEFORE APRIL 30!

The National Native American Bar Association (NNABA), in conjunction with the research and consulting firm Nextions, has embarked upon a comprehensive research study designed to explore the perspectives and experiences of Native American attorneys. This research will result in the first-of-its-kind study, and the findings from this study will be used to develop educational materials and programming that will help improve the retention and advancement of Native American attorneys in every corner of the legal profession.

A secure and confidential survey has been distributed and can be taken by any attorney that identifies as American Indian/Native Alaskan. If you have already filled out the survey, we thank you for your time! If you have not yet filled out the survey, please take the time to do so as soon as possible. The survey can be taken at the link below and will be closing on April 30th, 2014. We need your voice!
http://www.surveymethods.com/EndUser.aspx?A185E9F0A7E4FCFAAA

If you would like the convenience of completing the above survey via telephone, you may do so in one of two ways:
1. By contacting Nextions (312-922-0226) any Wednesday or Friday through the end of April between 10:00am-4:00pm CDT to be directed to someone who will facilitate the delivery and completion of the survey. Telephone surveys are completely confidential and should take no longer than 20 minutes to complete.
2. By contacting Nextions (312-922-0226) or Nextions’ lead research associate, Jessica Shoemaker (jessica@nextions.com) to schedule a telephone survey for any time, including nights and weekends. While scheduling a specific time to participate in a telephone survey will necessitate the need for you to share your contact information, your survey responses will remain completely confidential.

Nextions will also be conducting a series of individual telephone interviews. The goal of the interviews is to deepen our understanding of the survey data by adding a qualitative component to an already rich body of information. Interviews will take no longer than 30 minutes and are absolutely and completely confidential. To schedule an interview, please forward your name, contact info and 2-3 preferred interview times to Jessica Shoemaker (jessica@nextions.com | 312-922-0226).

Respondents are encouraged to participate in both the survey and interview process. If you have questions about either the survey or the interview process, please do not hesitate to reach out to Nextions (Jessica@nextions.com | 312.922.0226) or the National Native American Bar Association (adminassistant@nativeamericanbar.org). Thank you in advance for your thoughtful participation!

For more information contact 480-727-0420 or visit http://www.nativeamericanbar.org.

Ugh! No Bay Mills Decision Again This Week

Matthew L.M. Fletcher1 Comment

No news again. Not sure what that means, but likely it means the Court is fractured. But then again, they usually are so that conclusion isn’t helpful.

SCOTUSblog data tells us that Justices Ginsburg and Kagan have not yet written for the December sitting, which is when the Court heard the Bay Mills argument. Usually, to balance workload, each Justice is assigned one opinion per sitting. But the Court heard 11 arguments in December, so at least two Justices will have two assignments. Justice Scalia, we know after today, has written twice for December, so we can say with some limited certainty that he will not be the author of the majority opinion in Bay Mills. In other words, it could be anyone.

I’m hoping for Justice Kagan (see my commentary on the argument). Her questions at oral argument suggested a narrow, statute-based view of the matter, though I am doubtful she would find in favor of the tribe. Justice Ginsburg dissented in Kiowa, and her opinion would likely go against the tribe in this one, too. The question there is how far she would go.

But it’s very possible neither Kagan nor Ginsburg write, which means that anyone could.

Quileute Tribe Sues Merchandising Company for Violation of Indian Arts and Crafts Act Related to “Twilight” Movies

Matthew L.M. Fletcher

Here is the complaint in Quileute Tribe v. National Entertainment Collectibles Association (W.D. Wash.):

1 Complaint

An excerpt:

1. The Quileute Tribe brings this Complaint against National Entertainment Collectibles Association, Inc. (“NECA”) for unfair competition and for violation of the Indian Arts and Crafts Act. In this action, the Quileute Tribe seeks to protect its heritage from Defendant’s improperly marketed and advertised products, and to ensure that consumers are no longer deceived, confused or misled in their pursuits to find and acquire authentic and genuine Quileute products.

2. The Quileute people have lived on the Olympic Peninsula for thousands of years, and have their own unique language, art and folklore. Quileute art and artifacts are prized for their distinctive character, and are displayed in museums throughout Washington.
3. As alleged herein, NECA has advertised, promoted, and sold its goods under the “Quileute” name on the Internet and in various retail stores across the United States. Defendant’s conduct is designed to convey to consumers a false association or affiliation with the Quileute Tribe, and to unfairly trade off of the fame, reputation and goodwill of the Quileute Tribe.
4. Consumers have been misled as to the source, origin, sponsorship, or affiliation of Defendant’s products sold under the “Quileute” name. If Defendant is permitted to continue to market and retail its products, many consumers will conclude that the goods sold by NECA were originated from, jointly developed by, licensed, certified, supported by or are otherwise affiliated with the Quileute Tribe, which they are not.
5. In addition, NECA sells its goods by falsely suggesting they are the product of the Quileute Tribe, are Indian-produced or are the product of an Indian Tribe, in violation of the Indian Arts and Crafts Act.

6. The Quileute Tribe accordingly brings this action, seeks damages, and seeks to enjoin NECA from using the “Quileute” name for the marketing and sale of goods.

Cert Opposition Briefs in Village of Hobart v. Wisconsin Oneida

Matthew L.M. Fletcher1 Comment

Here:

US Opposition Brief

Tribe Opposition Brief

Petition is here.

Lower court materials here.

Skull Repatriated to Grand Traverse Band

Matthew L.M. Fletcher

News coverage:

Indian man’s skull turned over to tribe

Northern Michigan tribe receives Indian man’s skull that Leelanau County family had for years

Indian man’s skull turned over to Michigan tribe

Native American skull returned to tribe more than 100 years later

 

Please Read Justice Sotomayor’s Dissent in Schuette v. BAMN

Matthew L.M. Fletcher2 Comments

Here.

An excerpt:

The way to stop discrimination on the basis of race is to speak openly and candidly on the subject of race, and to apply the Constitution with eyes open to the unfortunate effects of centuries of racial discrimination.

 

National Association of Criminal Defense Lawyers Amicus Brief Filed in United States v. Zepeda

Matthew L.M. Fletcher3 Comments

Here:

Criminal Defense Attorney Amicus

Prior posts here (order granting en banc review), and links to briefs here.