Author: Matthew L.M. Fletcher – Page 658

3. Grand Canyon Skywalk Development LLC v. ‘Sa’ Nyu Wa Inc. (CA9) loses to Adoptive Couple v. Baby Girl (SCT) by 40–10, loses to Michigan v. Bay Mills Indian Community (CA6 & SCT) by 37–10

4. U.S. v. Washington — Culverts Subproceeding (W.D. Wash. & CA9) loses to Adoptive Couple v. Baby Girl (SCT) by 38–14, loses to Grand Canyon Skywalk Development LLC v. ‘Sa’ Nyu Wa Inc. (CA9) by 26–20

5. Oneida Tribe of Indians of Wisconsin v. Village of Hobart (CA7) loses to Adoptive Couple v. Baby Girl (SCT) by 40–10, loses to U.S. v. Washington — Culverts Subproceeding (W.D. Wash. & CA9) by 24–20

6. Akiachak Native Community v. Salazar (D.D.C.) loses to Adoptive Couple v. Baby Girl (SCT) by 41–11, loses to Oneida Tribe of Indians of Wisconsin v. Village of Hobart (CA7) by 26–18

7. Chehalis Tribes v. Thurston County (CA9) loses to Adoptive Couple v. Baby Girl (SCT) by 39–11, loses to Akiachak Native Community v. Salazar (D.D.C.) by 23–22

8. Mashantucket Pequot Tribe v. Town of Ledyard (CA2) loses to Adoptive Couple v. Baby Girl (SCT) by 45–7, loses to Chehalis Tribes v. Thurston County (CA9) by 24–18

9. United States v. Zepeda (CA9) loses to Adoptive Couple v. Baby Girl (SCT) by 45–7, loses to Mashantucket Pequot Tribe v. Town of Ledyard (CA2) by 28–13

10. Federal Trade Commission v. AMG Services (D. Nev.) loses to Adoptive Couple v. Baby Girl (SCT) by 46–4, loses to United States v. Zepeda (CA9) by 23–13

11. Sheffer v. Buffalo Run Casino (Okla. SCT) loses to Adoptive Couple v. Baby Girl (SCT) by 46–5, loses to Federal Trade Commission v. AMG Services (D. Nev.) by 21–19

The poll was here.

I forgot to include Dolgencorp. v. Miss. Band of Choctaw Indians. Ugh. That was a top 10 for sure….

Tohono O’odham Nation Attorney Posting

December 9, 2013Matthew L.M. Fletcher

Here:

Tohono O’odham Asst AG

Michigan v. Bay Mills Oral Argument Audio

December 9, 2013December 9, 2013Matthew L.M. Fletcher

Available at SCOTUS and on Oyez.

French Court OKs Auction of Hopi Sacred Objects

December 7, 2013Matthew L.M. Fletcher

Here.

USFWS Rule Extending Eagle Permits to 30 Years

December 6, 2013Matthew L.M. Fletcher

The rule extending eagle permits for up to 30 years is available for public inspection today (PDF). Will publish on Monday.

The summary:

We revise the regulations for permits for take of golden eagles (Aquila chrysaetos) and bald eagles (Haliaeetus leucocephalus) that is associated with, but not the purpose of, an activity. We extend the maximum term for programmatic permits to 30 years, while maintaining discretion to issue permits of shorter duration as appropriate. The permits must incorporate conditions specifying additional measures that may be necessary to ensure the preservation of eagles, should monitoring data indicate the need for the measures. This change will facilitate the responsible development of renewable energy and other projects designed to operate for decades, while continuing to protect eagles consistent with our statutory mandates. For a permit valid for 5 years or more, we will assess an application processing fee sufficient to offset the estimated costs associated with working with the applicants to develop site plans and conservation measures, and prepare applications, and for us to review applications. We also will collect an administration fee when we issue a permit and at 5-year intervals.

Federal Court Issues Opinion on Scope of White Earth Tribal Police Authority as Federal Officers under FTCA

December 6, 2013Matthew L.M. Fletcher

Here are the materials in Strei v. Blaine (D. Minn.):

61 MJ Order Granting Motion to Substitute Parties

112 DCT Order Affirming MJ Order

From the DCT Order:

Plaintiff Nathan Strei brings claims against five Defendants in this action, including tort claims against John McArthur and Merlin Deegan in both their official capacities as White Earth tribal police officers and their personal capacities. McArthur and Deegan moved to substitute the United States as the proper defendant for the common law tort claims brought against them, pursuant to the Federal Tort Claims Act (“FTCA”). The Magistrate Judge granted the motion for substitution, and Strei objects. The Court finds that the Magistrate Judge’s determination that McArthur and Deegan were acting within the scope of their employment as federal employees at the time of the events giving rise to Strei’s tort claims was neither erroneous nor contrary to law. Therefore, the Court will affirm the Magistrate Judge’s July 11, 2013 order.

Tribal Internet Gaming Alliance Launches Website

December 6, 2013Matthew L.M. Fletcher

The Tribal Internet Gaming Alliance (TIGA) launched a website: http://www.tribalinternetgamingalliance.com/

This is not yet a gaming website. TIGA is still in the organizational stage. Please note that there are three sign-up windows on the site for people to receive more information, including a window for members of the media to receive TIGA announcements.

New Scholarship on Tribal Membership and UNDRIP

December 6, 2013Matthew L.M. Fletcher

Shin Amai and Kate Buttery have posted “Indigenous Belonging: A Commentary on Membership and Identity in the United Nations Declaration on the Rights of Indigenous People,” forthcoming in Oxford Commentaries on International Law: A Commentary on the United Nations Declaration on the Rights of Indigenous Peoples, on SSRN.

Here is the abstract:

The recognition of indigenous peoples’ right to determine their own membership is crucial to the survival of indigenous groups and for their ability to meaningfully exercise their right to self-determination. This chapter will begin with a discussion of who indigenous peoples are, and will then proceed to review the specific provisions of the United Nations Declaration on the Rights of Indigenous Peoples (the Declaration) as they pertain to indigenous-determined group membership and duties: Articles 9 (right to belong); 33 (right to determine membership); 35 (right to determine responsibilities of members); and 36 (right to maintain relations across borders). Together, these provisions reinforce the right of indigenous peoples to define themselves, both in terms of membership and geographic scope. These rights are not absolute, however, and are constrained by Articles 44 (gender equality) and Article 46 (compliance with international human rights standards).