Professor Hart couldn’t make it but we did our best to honor him in his absence. Sam Deloria spoke.
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Mike Petoskey gifted a turtle drum to honor Prof. Hart
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Event poster
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Author: Matthew L.M. Fletcher
Intellectual Property Panel at Fed Bar 2014
Steve McSloy
And the panel. Suzan Shown Harjo, Marshall McKay, Trevor Reed, Paula Yost
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Download the FBA 2014 Indian Law Conference Materials
Here.
Ethics Panel at Fed Bar 2014
Angelique EagleWoman, Greg Bigler, Cheryl Fairbanks, Fawn Sharp, Fletcher
International Law Panel at Fed Bar 2014
Tim Coulter, Angelique EagleWoman, Tracey LeBeau, Bill Rice, Rebecca Tsosie
Alaska SCT Holds State Courts Cannot Adjudicate Restricted Alaska Native Townsite Titles
Here is the opinion in Hawkins v. Attatayuk.
An excerpt:
Harold Hawkins and Rosalind Attatayuk married and lived together in St. Michael until 1981, when they dissolved their marriage. Hawkins was awarded the couple’s home in the dissolution and continued to reside on the property, which was federally owned. In 1993 Attatayuk applied for and received a restricted townsite deed to the land by allegedly fraudulent means. She brought a trespass action against Hawkins, alleging that she had undisputed title to the land. Hawkins denied this allegation. The superior court ruled on summary judgment that Attatayuk’s restricted townsite deed gave her title to the land. Because Alaska state courts do not have subject matter jurisdiction to adjudicate title or right to possession of restricted townsite property, the only issue presented in this appeal is whether the superior court adjudicated title to the land in question. We hold that the superior court did adjudicate title and, as a result, exceeded its jurisdiction.
Alaska SCT Decides Alaska Native Corporation Shareholder Dispute
Here is the opinion in Rude v. Cook Inlet Region Inc.
An excerpt:
Robert Rude and Harold Rudolph are shareholders and former directors of Cook Inlet Region, Inc. (CIRI). They distributed a joint proxy solicitation in an attempt to be elected to the CIRI board of directors at CIRI’s 2010 annual meeting. Rude and Rudolph accumulated over one quarter of the total outstanding votes, but CIRI’s Inspector of Election refused to allow them to cumulate their votes. Thus, their votes were split evenly between the two of them and neither was seated. We conclude that the language of this proxy form required the shareholders’ votes to be equally distributed between Rude and Rudolph unless a shareholder indicated otherwise. We therefore affirm the superior court’s decision granting summary judgment in favor of CIRI on this issue.
Resources Related to FBA 2014 Ethics Panel — Later Today
I will be talking about many of the ideas expressed in a draft paper, “Bullshit and the Tribal Client.”
I also highly recommend Carpenter and Eli’s paper on tribal lawyering.
I will also pitch membership in the Tribal In-House Counsel Association.
Tribal Immunity Panel at Fed Bar 2014
Patrice Kunesh, Bill Wood, Elizabeth Conway, Jenn Weddle
Incidentally, Bill Wood’s paper, It Wasn’t An Accident: The Tribal Sovereign Immunity Story, is here.
SCOTUSBlog Petition of the Day: Native Wholesale Supply v. Idaho
Here.
From SCOTUSblog:
13-838Issue: (1) Whether under circumstances in which a state is admittedly precluded from regulating an Indian it is also precluded from regulating a corporation wholly owned by an Indian and organized under the laws of a federally recognized tribe; (2) whether, under a state law that purports to give the attorney general power to “approve” all cigarettes before they may be imported into Idaho, the State of Idaho can prohibit an Indian-owned business on the Coeur d’Alene reservation from importing into that reservation cigarettes that are sold “FOB Seneca Nation” by a company wholly owned by a member of the Seneca Nation and licensed by the Seneca Nation to carry on such trade; (3) whether the State of Idaho’s cigarette-sale statutes are preempted to the extent that they are enforced in a manner that prohibits Native Wholesale Supply Company (“NWS”) from trading with Warpath Inc. (“Warpath”); and (4) whether the State of Idaho can constitutionally exercise personal jurisdiction over NWS, an Indian-chartered entity located on Seneca Nation of Indians Land, situated within the geographic boundaries of the State of New York, where NWS sells the tobacco products “FOB Seneca Nation” to Warpath, and the products are then transported to Warpath’s place of business on the Coeur d’Alene reservation.
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