Author: Matthew L.M. Fletcher

State of Washington’s Opening Brief in Ninth Circuit Appeal of Culverts Decision

October 15, 2013November 8, 2013Matthew L.M. Fletcher1 Comment

Here:

State’s Opening Brief

Update: Oregon Amicus

Lower court materials are here.

SCT Denies Cert in Onondaga v. New York

October 15, 2013October 15, 2013Matthew L.M. Fletcher1 Comment

Here is the order list.

We will have more commentary on this soon.

Update in Little River Off Reservation Casino Proposal

October 15, 2013October 15, 2013Matthew L.M. Fletcher

Here, from LRB:

Little River Band of Ottawa Indians Ogema Larry Romanelli made a surprise announcement at the tribe’s Fall Membership meeting shortly before 2 p.m. this afternoon. He announced that Michigan Governor Rick Snyder has agreed to let the tribes’ petition to establish a casino proceed to the Bureau of Indian Affairs (BIA) for consideration.

Romanelli brought the Muskegon Casino task force members to the stage at the Makwa Endaat Entertainment Center as details of the announcement were told to the assembled tribal members. Romanelli thanked the task force and past and present members who contributed so much to the four year long effort. The announcement was officially released on the state side by Senator Geoff Hanson in Muskegon.

Tribal Council Speaker Virg Johnson, reacting to the announcement stated that, “We are ecstatic that Governor Snyder has made this move in support of consideration of our project in Muskegon. Our tribe is excited about the potential of our proposed resort to help the people of the Muskegon area and Fruitport in particular…an area hard hit by economic challenges over recent years.”

The Muskegon region is home to a large concentration of tribal citizens who, along with all units of government in the area, actively support the casino project.

Ogema Romanelli, revealed that he and task force members have been waiting to share the information for several days in order for Senator Hanson to make the official announcement. This approval by the Governor is the first step in a multi-step process of due diligence that’s required of the Secretarial Determination Process.

The proposed casino would be on the site of the old Great Lakes Downs race park just off of the intersection of I-96 and US31.

Certain American Indians born in Canada enjoy access to the United States unrestricted by the Immigration and Nationality Act, a right stemming from the Jay Treaty of 1794. An examination of this right, reflected by codification as § 289 of the INA, reveals qualifying ABCs are entitled to privileges unparalleled by all but United States citizens to enter and remain in the U.S. “for the purpose of employment, study, retirement, investing, and/or immigration” or any other reason.

Quantum Entertainment Ltd. v. Dept. of Interior Cert Petition — “Old” Section 81 Appeal

October 14, 2013Matthew L.M. Fletcher1 Comment

Here:

Quantum Entertainment Cert Petition

Question presented:

Whether the court of appeals erred in holding that Landgraf v. USI Film Products, 511 U.S. 244 (1994), implicitly overruled McNair v. Knott, 302 U.S. 369 (1937), and Ewell v. Daggs, 108 U.S. 143 (1883), by requiring the conclusion that a statute eliminating legal impediments to the enforcement of contracts has an impermissible “retroactive effect” when applied to a contract that was entered into before the statute’s enactment but performed without complaint until afterwards.

Lower court materials here.