2014 Procopio Native American Internship Materials

Here:

Procopio – Native American Internship 2014

No Indian Law Grants from Supreme Court’s Long Conference

Here. But we won’t know for another several days whether the Indian law cases have been denied, held for a CVSG or other reason, or otherwise.

For TT’s analysis of the pending petitions, go here.

Wrongful Termination Suit against Gila River Indian Community Dismissed

Here are the materials in Sears v. Gila River Indian Community (D. Ariz.):

12 GRIC Motion to Dismiss

13 Sears Response

14 GRIC Reply

20 DCT Order Dismissing Complaint

Federal Court Dismisses Miccosukee Tribe’s RICO Suit against Billy Cypress, Former Leaders & Former Lawyers

Here are the updated materials:

140 Lewis Tein Reply

143 Lehtinen Reply

144 Hernandez Reply

145 Cypress Motion to Strike

146 Cypress Reply

155 Miccosuke Response to Motion to Strike

281 DCT Order Granting Motion to Strike

282 DCT Order Dismissing Complaint

An excerpt:

“No one fights dirtier or more brutally than blood; only family knows its own weaknesses, the exact placement of the heart.” Whitney Otto, How to Make an American Quilt (1991). Whitney Otto’s quote seems a particularly apt description of the emotionally and politically charged litigation, occurring in multiple judicial venues, between the named parties, whom include the following.

Motions to dismiss were here.

Miccosukee’s responses were here.

Second amended complaint here.

Opening Third Circuit Brief in Thorpe v. Borough of Jim Thorpe — Updated with Amicus

Here:

Borough Opening Brief 3rd Cir (00020639)

Update — Amicus brief:

Grandsons Amicus Brief

Lower court materials here.

Federal Government’s Motion to Dismiss Claims re: Sand Creek Massacre

Here:

US Motion to Dismiss

The complaint is here.

The October 2013 Term Long Conference: Indian Law Edition

There are a few Indian law petitions scheduled for disposition at the so-called long conference (which is today), where the Supreme Court Justices meet for the first time of the new Term to address cert petitions pending over the break. Thanks to SCOTUSblog for making links to the petitions easy.

SCOTUSblog’s Petitions to Watch lists these petitions:

Nebraska v. Elise M — Another ICWA case, this time involving the transfer of an ICWA case to tribal court. Wonder how, or if, the absolutely horrifying aftermath of the Adoptive Couple v. Baby Girl case will affect the decision on whether to review this matter.

Ring v. United States — not really an Indian law petition but does involve the challenge to the conviction of a former associate of Jack Abramoff.

Other petitions:

James L. v. Devin H. — a pro se ICWA petition. No chance for a grant here. Respondents waived the right to file an objection.

Matheson v. Washington Dept. of Revenue — No chance for a grant here, either. Part of a long-standing dispute between Indian smokeshop retailers and the state and the tribe. Respondents waived the right to file an objection.

Native Village of Eyak v. Pritzker — troubling case, with the CA9 apparently applying the wrong standard, or applying it it incorrectly. Two factors (three?) make the petition all but doomed — it’s simple error correction, which the Court shys away from, and the United States is opposing the petition. The third of course being tribal petitions are almost never granted (less than 1 percent).

Onondaga Nation v. New York — MSU’s ILPC participated in an amicus brief supportive of the Onondaga Nation at the CA2. The SCT has already denied similar petitions in land claims involving the Cayuga and Oneida Indian Nations. By the time the Onondaga land claims went to the CA2, Haudenosaunee land claims were being summarily dismissed as a matter of law. In spite of a whole class of claims being dismissed without any attention to the arguments about whether the state’s defenses were sufficient to justify dismissal, it seems pretty clear the Court will deny this one as well. If anything, however, the Court should be concerned that an American court has held that a class of claims that meets two criteria — (1) the plaintiffs are Indian tribes and (2) the claims are “disruptive” — are being summarily dismissed on their face. Fingers crossed for a summary reversal and remand….

Tonasket v. Sargent — Very little chance of a grant, as both petitioner and respondent are tribal. An intra-tribal dispute, rarely heard before the Supreme Court. However, there is an immunity issue, and the Court seems interested in those cases. Small, tiny possibility of a CVSG.

L.A. Review of Books on Thomas King’s “The Inconvenient Indian”

Here. H/T LHB.

Indian Law Related Panels at AALS 2014

AALS Indian Nations and Indigenous Peoples Section Program 2014:

“The Relationship Between Indian Law and Tribal Law”

Saturday, Jan. 4, 2014 from 4:00-5:45 pm

Moderator

Christine Zuni Cruz (New Mexico)

Presenters

Samuel E. Ennis (Sonosky) & Caroline P. Mayhew (Hobbs Straus) – Federal Indian Law and Tribal Criminal Justice in the Self-Determination Era

Alexander Tallchief Skibine (Utah) – Constitutionalizing Tribal Sovereignty and the Legitimacy of VAWA

Suzianne D. Painter-Thorne (Mercer) – A Strange Kind of Identity Theft: Can Cultural Identity Be Stolen?

Jeanette Wolfley (New Mexico) – Tribal Environmental Programs: Providing Meaningful Involvement and Fair Treatment

And if you are going to AALS this year, please note that the Section’s Breakfast is also on Saturday Jan. 4, 2014 from 7:00-8:30 am.

Section on Law & Anthropology

Friday, January 3, 2014 from 8:30 -10:15 a.m.

Topic: “The Language of the Law in Indigenous Rights.” This program will deal with the concept of “language” in indigenous peoples’ claims, from real property to criminal justice, and from both instrumental/practical (e.g., law on Indian language revitalization) and theoretical perspectives about language (issues of meaning, translation, interpretation, and expression) as they inform advocacy and analysis in Indian law.

Speakers:

Kristen Carpenter (Colorado) & Angela Riley (UCLA), (Indigenous) Property Lost by Translation

Allison Dussias (New England Law School), Native American Languages & the Law

Matthew Fletcher (Michigan State),  Anishinaabe Law and The Round House

Carole Goldberg (UCLA), A Native Vision of Justice

Justin Richland (Chicago), Language of/as Cultural Patrimony: Negotiating NAGPRA in Hopitutskwa

Business Meeting at Program Conclusion.  Please attend if you would like to become more active in our section.  Leadership positions will be available.

Federal Circuit Decides Wolfchild v. United States Appeal

Here are the materials:

33 United States Appellant Brief

82 Wolfchild Answer Brief

90 Coursolle Descendants Answer Brief

92 US Answer Brief

99 Coursolle Reply

105 Wolfchild Reply

122 Lower Sioux Community, Prairie Island, and Shakopee Amicus Brief

CAFed Opinion

An excerpt:

The United States currently holds certain tracts of land in Minnesota in trust for three Indian communities. It originally acquired some of that land in the late 1800s, using funds appropriated by Congress to help support a statutorily identified group of Indians, and held it for the benefit of those Indians and their descendants for decades. As time passed, that beneficiary group and the three present-day communities that grew on these lands overlapped but diverged: many of the beneficiary group were part of the communities, but many were not; and the communities included many outside the beneficiary group. In 1980, Congress addressed the resulting land use problems by putting the lands into trust  for the three communities that had long occupied them. Ever since, proceeds earned from the lands—including profits from gaming—have gone to the same three communities.

The discrepancy between the makeup of the three communities and the collection of descendants of the Indians designated in the original appropriations acts underlies the present dispute, which was before this court once before. Claimants allege that they belong to the latter group and that they, rather than the communities, hold rights to the land at issue and any money generated from it. Four years ago, based on an extensive analysis of the relevant laws and history, we rejected what was then the only live claim, which got to the heart of their assertion: that the appropriations acts created a trust for the benefit of the statutorily designated Indians and their descendants. Wolfchild v. United States, 559  F.3d 1228 (Fed. Cir. 2009). On remand, claimants advanced several new claims, some of which seek proceeds generated from the lands, others of which seek more. Again unable to
find that claimants have stated a claim that meets the standards of governing law, we now reject these new claims, including the one that the Court of Federal Claims held valid in the judgment we review.

Lower court materials here.