Author: Matthew L.M. Fletcher

10th Annual Haudenosaunne Conference (“Sken:nen”) @ Syracuse Law School This Weekend

Matthew L.M. Fletcher

Here.The blurb:

The Haudenosaunee teach that peace is not the absence of war, but rather is an active striving towards universal justice. Today, the Haudenosaunee and many other indigenous peoples are striving to create their version of peace in a world that is often hostile to indigenous sovereignty, illustrated by the land claim legal battles, interference in border crossing rights, and the Adoptive Couple v. Baby Girl case, to name just a few examples. Yet despite these constant battles indigenous peoples continue to strive for a society that creates peace or universal justice. The 10th Haudenosaunee conference brings together speakers and participants to discuss and share ideas about how they view peace and the means they use to achieve that peace.

And the agenda:

H10PeaceAgenda1_Page_1 H10PeaceAgenda1_Page_2

Federal Court Dismisses Indian Child Welfare-Related Habeas Petition arising from Yakama

Matthew L.M. Fletcher1 Comment

Here are the materials in George v. Superior Court (E.D. Wash.):

35 Fox Motion to Dismiss

39 DCt Order Dismissing Claims

An excerpt:

Here, the three elements for abstention are met. The underlying Superior Court proceedings are ongoing and it is generally recognized that family relations are a traditional area of state concern. Moore v. Sims, 442 U.S. 415, 435, 99 S.Ct. 2371, 60 L.Ed.2d 994 (1979); H.C. ex rel. Gordon, 203 F.3d at 613. The Superior Court had apparent concurrent personal jurisdiction over the parties with the Tribal Court and has jurisdiction to determine the legal affect of the Tribal Court proceedings, its own jurisdiction, and to consider deferring to the Tribal Court if it finds it appropriate. See Wash. Rev.Code 37.12.010; Maxa v. Yakima Petroleum, Inc., 83 Wash.App. 763, 767, 924 P.2d 372 (1996); Confederated Tribes of the Colville Reservation v. Superior Court of Okanogan County, 945 F.2d 1138, 1140, n. 4 (9th Cir.1991) (noting that Pub.L. 280 did not divest Tribal Courts of concurrent jurisdiction over child custody matters). The children were residing off-reservation in Spokane County for at least six months consecutive prior to when the custody petitions were filed, and it appears the children may have been domiciled on Yakama Nation land for at least a day when Plaintiff’s custody petition was filed in Tribal Court. Finally, both parties availed themselves of the child custody proceedings held in the respective courts. Defendant participated in the Tribal Court proceedings, and Plaintiff participated in the Superior Court proceedings. Thus, Plaintiff has an adequate forum in which to assert her federal claims. At this point, extraordinary circumstances do not exist that would require the Court to refrain from abstaining in this matter.

 

Complete Second Circuit Briefing in Otoe-Missouria Tribe v. New York Dept. of Financial Regulation

Matthew L.M. Fletcher1 Comment

Here:

Otoe-Missouria Opening Brief

NY Brief

Center for Responsible Lending Amicus Brief

Consumer Financial Protection Bureau Amicus Brief

Nine Advocacy Organizations Amicus Brief

Otoe-Missouria Reply Brief

Lower court materials here.

Research Guide to American Indian Tax Law

Matthew L.M. Fletcher2 Comments

The Law Library Journal has published “Analytical Research Guide to Federal Indian Tax Law” by M. Christian Clark. Very nice article and well worth a read-through.

An excerpt:

Turtle Talk: The Indigenous Law and Policy Center Blog. https://turtletalk.wordpress.com.
Matthew L.M. Fletcher, Wenona T. Singel, and Kathryn E. Fort of the Indigenous Law and Policy Center at Michigan State University College of Law maintain Turtle Talk, a blog that updates readers on current Indian law issues. Fletcher has authored dozens of Indian law articles, including many concerning Indian tax law. The blog frequently includes the most cited sources on Indian law, which is highly useful for litigation, IRS administrative disputes, and assessing specific Indian issues. A weekly summary with analysis and case updates may be subscribed to by e-mail.

Miigwetch for the nice notice. Not sure weekly summaries are in the offering though. 🙂

Huh. KF says you can. Shows what I know.

Results of Indian Law and Order Commission Recommendations Condorcet Ranking Poll

Matthew L.M. Fletcher
1. Establish permanent and recurring federal funding system for Indian country criminal justice activities  (Condorcet winner: wins contests with all other choices)
2. Congressional overturning of Venetie on Alaska Indian country  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 21–13
3. Allow tribes to opt-out of ICRA sentencing limitations  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 20–15
4. Fund criminal jurisdiction activities of tribes in PL280 states  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 21–12, loses to Allow tribes to opt-out of ICRA sentencing limitations by 19–16
5. Establish U.S. Court of Indian Appeals  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 24–12, loses to Fund criminal jurisdiction activities of tribes in PL280 states by 19–17
6. Affirm inherent criminal jurisdiction of Alaska Native tribal governments  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 23–11, loses to Establish U.S. Court of Indian Appeals by 19–14
7. Allow Alaska Native communities to participate in VAWA tribal jurisdiction  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 24–11, loses to Establish U.S. Court of Indian Appeals by 19–14
8. Encourage public safety cooperative agreements between states and tribes  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 26–10, loses to Allow Alaska Native communities to participate in VAWA tribal jurisdiction by 20–16
9. Equal federal funding for tribal jails  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 25–9, loses to Encourage public safety cooperative agreements between states and tribes by 20–14
10. Amend ICWA to require tribal notice in juvenile delinquency cases  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 26–7, loses to Equal federal funding for tribal jails by 20–13
11. Fix Indian country data deficits  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 26–10, loses to Amend ICWA to require tribal notice in juvenile delinquency cases by 20–13
12. Establish single Indian country component in Dept. of Justice  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 25–8, loses to Fix Indian country data deficits by 19–16
13. Enhance authority of tribal judges to subpoena federal law enforcement officers  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 27–9, loses to Amend ICWA to require tribal notice in juvenile delinquency cases by 21–14
14. Alter “Indian country” definition to include Alaska Native allotments and townsites  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 25–11, loses to Enhance authority of tribal judges to subpoena federal law enforcement officers by 18–16
15. Tied:
Amend ANSCA to allow transfer of lands to tribal governments  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 26–11, loses to Alter “Indian country” definition to include Alaska Native allotments and townsites by 18–10
Encourage federal public defenders to establish special Indian country defender program  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 23–14, loses to Alter “Indian country” definition to include Alaska Native allotments and townsites by 19–14
17. Equal federal funding to tribal juvenile justice programs  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 24–9, loses to Amend ANSCA to allow transfer of lands to tribal governments by 19–14
18. Equal federal funding and assistance for tribal reentry and alternatives to incarceration programs  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 24–8, loses to Amend ANSCA to allow transfer of lands to tribal governments by 20–14
19. Require federal and state law enforcement to notify tribes when arresting tribal citizens in Indian country  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 27–7, loses to Equal federal funding and assistance for tribal reentry and alternatives to incarceration programs by 16–13
20. Allow tribes to opt-out of federal criminal jurisdiction  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 27–9, loses to Require federal and state law enforcement to notify tribes when arresting tribal citizens in Indian country by 15–13
21. Require tribal consent to federal prosecution of tribal member juveniles  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 26–7, loses to Require federal and state law enforcement to notify tribes when arresting tribal citizens in Indian country by 14–13
22. Establish preference for community based solutions to juvenile justice problems  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 28–6, loses to Require federal and state law enforcement to notify tribes when arresting tribal citizens in Indian country by 15–14
23. Enhance authority of special Indian country AUSAs  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 27–8, loses to Establish preference for community based solutions to juvenile justice problems by 19–12
24. Encourage federal judges to increasing Indian country presence  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 29–6, loses to Enhance authority of special Indian country AUSAs by 17–12
25. Require state and federal juvenile justice systems to maintain proper records and allow tracking of tribal youth  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 28–6, loses to Encourage federal judges to increasing Indian country presence by 17–12
26. Condition Byrnes and COPS grants on state and local cooperation with tribes  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 29–3, loses to Encourage federal judges to increasing Indian country presence by 14–13
27. Authorize tribal opt-out of federal Indian country juvenile jurisdiction  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 25–7, loses to Condition Byrnes and COPS grants on state and local cooperation with tribes by 16–11
28. Amend Major Crimes Act, General Crimes Act, and PL280 to require tribal participation in federal and state prosecutions of tribal citizens  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 25–7, loses to Authorize tribal opt-out of federal Indian country juvenile jurisdiction by 13–10
29. Enhance intergovernmental cooperation for native youth  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 29–5, loses to Amend Major Crimes Act, General Crimes Act, and PL280 to require tribal participation in federal and state prosecutions of tribal citizens by 15–12
30. Allow tribal participation in federal or state prosecutions of tribal citizens  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 29–5, loses to Enhance intergovernmental cooperation for native youth by 15–13
31. Require federal, state, and tribal notice on offender reentry  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 29–4, loses to Allow tribal participation in federal or state prosecutions of tribal citizens by 14–12
32. Commission a study on creating a special federal magistrate program  loses to Establish permanent and recurring federal funding system for Indian country criminal justice activities by 28–6, loses to Require federal, state, and tribal notice on offender reentry by 16–11

Grand Canyon Resort Corp. Cert Opposition in Skywalk Case

Matthew L.M. Fletcher

Here:

Grand Canyon Resort Cert Opp

Petition here.

National NALSA Seeks Judges for Writing Competition

Matthew L.M. Fletcher

The National Native American Law Students Association (National NALSA) is seeking judges for its 13th Annual Writing Competition. The purpose of the competition is to recognize excellence in legal research and writing related to Indian law. This year, the Seattle University School of Law NALSA chapter and the Seattle University American Indian Law Journal are proud to host the 13th Annual National NALSA Writing Competition. The winner will be published in the American Indian Law Journal’s Spring 2014 publication.

Each year law professors and attorneys generously volunteer their time to review the submissions. At this time, we are seeking judges for this year’s competition. The participation of the judges is necessary to ensure the success of the competition and that the current Indian law community continues to encourage and recognize talented scholarship.

Judges will receive up to four submissions and scoring sheets. The submissions will be sent to each judge sometime near the end of January, with roughly a month to review and score. Winners will be announced at the Federal Bar Association Indian Law Conference in Sante Fe, New Mexico on April 11, 2013.

We hope you will consider donating your time to the competition as a judge. Based on the number of submissions to the Writing Competition last year, it is fair to say that there is a growing interest in the study of Indian law among law students across the country.

The purpose of the Annual Writing Competition is to recognize excellence in legal research and writing related to Indian law, actively encourage the development of writing skills of NNALSA members, and enhance substantive knowledge in the fields of Federal Indian Law, Tribal Law and traditional forms of governance. The competition is open to matriculated law students at any point in their law school career and regardless of race or tribal membership status.

Thank you very much for your consideration. Please email Jenny Campbell, Managing Editor, at campbe43@seattleu.edu or Shay Story, Editor in Chief, at storys@seattleu.edu.

Sincerely,

Jenny Campbell
J.D. Candidate 2014

Managing Editor, American Indian Law Journal
Seattle University School of Law

Turtle Mountain COA to Hold Oral Argument at UND Law School

Matthew L.M. Fletcher1 Comment

Here.

An excerpt:

The Turtle Mountain Tribal Court of Appeals will be at the University of North Dakota School of Law on Monday, November 18, 2013 to hear an oral argument in the matter of Ronald Allery et al v. Chairman of the Turtle Mountain Band. The argument begins at 9:00 a.m. in the Baker Courtroom on the third floor of the Law School building. The argument is free and open to the public.

The matter of Ronald Allery et al v. Chairman of the Turtle Mountain Band, to be heard on November 18, involves three tribal members terminated from employment by the Tribe who were reinstated by the Trial Court for the alleged failure of the supervisor to notify them of their right to grieve the terminations. The employees have also filed a cross-appeal claiming that the Tribe has refused to reinstate them and they have asked for back pay.

The issues involved include:

1. Whether the supervisor’s failure to notify the employees of their grievance rights justifies automatic reinstatement to positions;
2. Whether the Tribe has the authority to disobey a Court order it disagrees with;
3. Whether the employees were terminated for cause.

Exposé on Politics behind Push for Michigan Wolf Hunt

Matthew L.M. Fletcher

Here.

An excerpt:

But an MLive Media Group investigation found that half-truths, falsehoods and a single farmer have distorted reasons for the hunt. Among them:

• When state lawmakers asked Congress to remove wolf protections, they cited an incident in which three wolves were shot outside an Upper Peninsula daycare center where children had just been let out. That never happened, MLive found.

• A leading state wolf specialist said there are cases where wolves have stared at humans through glass doors, ignoring pounding on windows meant to scare them. That never happened as well. The expert now admits he misspoke.

News Coverage of ILOC’s “Blistering” Condemnation of the State of Alaska’s Justice System

Matthew L.M. Fletcher

Here.