Author: Matthew L.M. Fletcher

Federal Court Reopens Inetianbor v. Cashcall (Again) After Plaintiff Shows Reservation Arbitration a Sham

Matthew L.M. Fletcher6 Comments

New materials here:

DCT Order Granting Renewed Motion for Reconsideration

Inetianbor Renewed Motion to Reconsider

Cashcall Opposition to Renewed Motion

Inetianbor Reply in Support of Renewed Motion for Reconsideration

Prior posts here, here, and here.

NYTs on Apache Dispute with American Museum of Natural History

Matthew L.M. Fletcher

Here.

KG Urban v. Patrick Update — Matter Not Moot

Matthew L.M. Fletcher2 Comments

Here are updated materials in KG Urban v. Patrick (D. Mass.):

DCT Order Denying MTD

Motion to Dismiss

KG Urban Opposition

Reply

Amended complaint here.

United States Intervenes in Penobscot Nation’s Fight with Maine

Matthew L.M. Fletcher2 Comments

Here are the materials:

2013-08-16 United States Complaint in Intervention

2013-08-16 United States Motion to Intervene

2013-08-16 Affidavit in Support of Motion to Intervene

Exhibit A to Complaint 2012-08-12 Correspondence from Schneider

Exhibit B to Complaint 1988-02-16 Correspondence from Tierney

Exhibit C to Complaint 1997-05-30 State of Maine Response to Doi

Prior post here.

Baby Veronica Update

Matthew L.M. Fletcher

Thanks to How Appealing:

“To Oklahoma’s American Indian tribes, Veronica is a battle cry for cultures”: This article appears today in The Post and Courier of Charleston, South Carolina. And today’s edition of The Tulsa World contains an article headlined “Baby Veronica case: Victory unlikely for either side as mediation begins.”

Mother Jones on Ditching the Washington Redskins

Matthew L.M. Fletcher1 Comment

Here.

washingtonredskins_logo_5

An excerpt:

And so, in an admittedly small gesture, Mother Jones is also tweaking our house style guide, joining Slate and a group of other publications, from The New Republic to Washington City Paper. From here on out, we will refer to the team online and in print as “Washington” or “Washington’s pro football team” or, if we get sassy, “the Washington [Redacted].”

Onion: “Redskins’ Name Only Offensive If You Think About What It Means”

Matthew L.M. Fletcher2 Comments

Here.

Nooksack COA Stays Disenrollment Proceedings Pending Appeal

Matthew L.M. Fletcher

Here is the news coverage.

And the materials in Lomeli v. Kelly (Nooksack Tribal Ct. App.):

Emergency Motion for Stay of Tribal Court Judgment

Order Granting Appellate Review and Staying Proceedings

And a new suit in tribal court, with a sitting council member as lead plaintiff, Roberts v. Kelly (Nooksack Tribal Ct.):

Roberts v. Kelly Complaint w Appendices

Prior posts here, here, here, here, here, and here.

Federal Indictment of 18 Individuals for Smuggling Smokes to Seneca Cayuga Tobacco, Ho-Chunk Inc., Etc.

Matthew L.M. Fletcher

Here is the indictment in United States v. Sheffler (W.D. Mo.):

Sheffler Indictment

News coverage here.

California COA Decides ICWA-Related Appeal Involving Cherokee/Choctaw Freedmen Descendants

Matthew L.M. Fletcher1 Comment

The opinion in In re D.N. is here.

An excerpt:

The “by blood” requirement in the Choctaw Nation‟s Constitution, as well as others, has been interpreted as excluding the descendants of freedmen. (Allen v. Tribal Council (2006) 9 Okla. Trib. 255.) The exclusion of the descendants of former slaves of the Five Civilized Tribes is a matter of ongoing controversy. (See, e.g., Cherokee Nation v. Nash (N.D.Okla. 2010) 724 F.Supp.2d 1159.) It cannot be addressed in this dependency proceeding since membership criteria are the tribe‟s prerogative, and its determination of a child‟s eligibility for membership is conclusive for purposes of ICWA. (44 Fed.Reg. 67584, 67586 (Nov. 26, 1979); § 224.3, subd. (e)(1); In re Jack C., III (2011) 192 Cal.App.4th 967, 978.)