Here are the opening briefs in Oneida Tribe of Wisconsin v. Village of Hobart (7th Cir.):
Hobart Reply TK
Lower court materials here.
Author: Matthew L.M. Fletcher
Alaska COA Remands Criminal Sentencing to Address Claims of Bias against Defendant Named “Osceola”
Here is the opinion in State v. Osceola.
An excerpt:
The superior court referred to Osceola’s Native American heritage during its sentencing remarks and when it later issued its order denying Osceola’s request to modify the judgment to reflect only the name “Michael Draco Osceola”. The court remarked that Osceola had shown little pride in his heritage because one of the targets of his thefts was a business run by Alaska Natives. The court further remarked that the original Seminole chief Osceola had been one of the judge’s boyhood heroes, and the court expressed disappointment that a namesake of Chief Osceola would engage in criminal behavior.
Michigan v. Bay Mills Indian Community on Schedule in Supreme Court Conference Today
See SCOTUSblog. And docket. We should know Monday.
Here are the briefs:
Michigan v Bay Mills Cert Petition w Appendices
Nebraska Intervenes in Tribal Liquor Jurisdiction Case Involving Pender, NE Liquor Sellers
Here are the materials in Smith v. Parker (D. Neb.):
DCT Order Granting Nebraska Motion to Intervene
Opposition to Motion to Intervene
Nebraska Reply in Support of Motion to Intervene
Prior posts on this very interesting case are here and here.
Grantland on the Washington Pro Football Team Nickname: “Enough”
Here.
DOJ Publishes Notice of VAWA Pilot Program
Here.
Description:
This notice proposes procedures for an Indian tribe to request designation as a participating tribe under section 204 of the Indian Civil Rights Act of 1968, as amended, on an accelerated basis, pursuant to the voluntary pilot project described in section 908(b)(2) of the Violence Against Women Reauthorization Act of 2013 (“the Pilot Project”), and also proposes procedures for the Attorney General to act on such a request. This notice also invites public comment on the proposed procedures and solicits preliminary expressions of interest from tribes that may wish to participate in the Pilot Project.
Opening Sixth Circuit Brief in FTCA Claim against US (Hannahville Indian Community)
Here is the opening brief in Rock v. United States:
We posted lower court materials on this very sad case here.
Swinomish Tribe Sues City of Oak Harbor over Disturbance of Tribal Burial Ground
Here is the complaint in Swinomish Indian Tribal Community v. City of Oak Harbor (King County Super.):
An excerpt:
The City’s SE Pioneer Way Improvements Project disturbed and destroyed a significant Lower Skagit and Swinomish village and burial ground and desecrated the graves of dozens of the Tribe’s ancestors. This has caused the Tribe and its members to suffer severe stress, anguish, and spiritual and emotional distress and to sustain significant economic losses.
New Oregon Law Review Article on (Tribal) Criminal Jurisdiction and the Nation-State
David Wolitz has published “Criminal Jurisdiction and the Nation-State: Toward Bounded Pluralism” in the Oregon Law Review.
An excerpt:
In this Part, I argue that criminal jurisdiction on tribal lands already reflects major elements of the Bounded Pluralism approach I support, but that criminal justice in Indian Country could be improved if tribes had greater functional jurisdiction and if the federal government had greater supervisory authority to set fundamental-rights constraints on that jurisdiction.
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