Author: Matthew L.M. Fletcher

Tenth Circuit Revives Establishment Clause Challenge to Oklahoma’s Indian Arrow License Plate (UPDATED)

Matthew L.M. Fletcher7 Comments

Here is the opinion in Cressman v. Thompson. Update — Now with dissent: 12-6151

An excerpt:

This appeal concerns an image stamped on the standard Oklahoma license plate ofa Native American shooting an arrow toward the sky. Appellant Keith Cressman objects to the image as a form of speech and wishes not to display it on his personal vehicles.But Oklahoma law imposes sanctions for covering up the image, and the state charges fees for specialty license plates without it—fees that Mr. Cressman does not want to pay. Because he must either display the image or pay additional fees, he argues that the state is compelling him to speak in violation of his First Amendment rights.

And the briefs:

1-Cressman Opening Brief

2-Oklahoma Answering Brief

3-Cressman Reply

Lower court materials here.

IRS Phone Forum for Indian Tribal Settlement Taxes

Matthew L.M. Fletcher1 Comment

Phone Forum for Indian Tribal Settlement Taxes

Date: June 26, 2013

Time: 2 p.m. Eastern Time

What: During this 60 minute presentation we will cover the federal income taxation of:

• Settlement payments in the Cobell case

• Settlement payments covered in Notice 2013-1

• Payments made in response to discrimination claims in the Keepseagle case

Click here to register for this phone forum (AT&T link). Please register as soon as possible because space is limited.

If you already have questions regarding the issues we plan to cover, please email to us at: tege.itg.askus@irs.gov. Please use the subject line: Indian Tribal Settlement Phone Forum. We will attempt to address your questions during the forum.

 

We look forward to the opportunity to serve you on June 26th.

President Obama Nominates Keith Harper as US Representative to UN Human Rights Council

Matthew L.M. Fletcher

Keith M. Harper, Nominee for Representative of the United States to the United Nations Human Rights Council, with rank of Ambassador, Department of State

Keith M. Harper is a partner at the law firm of Kilpatrick Townsend & Stockton LLP, where he is chair of the Native American Practice Group. He currently serves as a Member on the President’s Commission on White House Fellowships. Prior to his current role, Mr. Harper was Senior Staff Attorney for the Native American Rights Fund from 1995 to 2006. From 2007 to 2008, he served as a Supreme Court Justice on the Supreme Court of the Poarch Band of Creek Indians, and from 2001 to 2007, he served as an Appellate Justice on the Mashantucket Pequot Tribal Court. From 1998 to 2001, he was an adjunct professor at the Catholic University of America Columbus School of Law, and from 1999 to 2001, he was a Professorial Lecturer at the American University Washington College of Law. Mr. Harper was a Law Clerk to the Honorable Lawrence W. Pierce on the Second Circuit of the United States Court of Appeals. He began his career as a Litigation Associate with Davis, Polk & Wardwell in New York. He is a member of the Cherokee Nation of Oklahoma. He received a B.A. from the University of California, Berkeley and a J.D. from New York University School of Law.

Opening Ninth Circuit Briefs in EXC v. Jensen — Navajo Court Jurisdiction over Nonmember

Matthew L.M. Fletcher3 Comments

Here:

Opening Brief

Navajo Nation Amicus Brief

NCAI Amicus Brief

Lower court materials here.

Federal Court Denies Tribal Intervention Motions in KG Urban v. Patrick

Matthew L.M. Fletcher2 Comments

Here is that order:

DCT Order Denying Intervention

The intervention motions are here.

California Court of Appeals Decides ICWA Customary Adoption Case

Matthew L.M. Fletcher

Here is the opinion in In re C.G.:

In re C.G.

An excerpt:

We hold that to preserve claims related to the failure to follow the tribal customary adoption procedures, a parent must object on those grounds in the juvenile court. Here, father failed to object to those procedural errors. Further, any such errors were harmless here. Accordingly, we affirm the juvenile court‟s order.

Illinois Court of Appeals Decides ICWA Tribal Intervention Appeal

Matthew L.M. Fletcher

Here is the opinion in In re K.T.

An excerpt:

Respondent is the mother of K.T. K.T. is a member of the Seminole Indian tribe. The State filed a juvenile petition alleging that K.T. was neglected because her environment was  injurious to her welfare, in part, as a result of respondent’s behavior. At respondent’s combined adjudication and dispositional hearing, the Illinois Department of Children and Family Services (DCFS) notified the court that K.T.’s Indian tribe was interested in becoming a party to the case. Respondent then moved for a continuance so that the tribe could enter the case. The trial court denied respondent’s motion. We reverse and remand.

Ben Bernanke on the “Meritocracy”

Matthew L.M. Fletcher

Here:

“The concept of success leads me to consider so-called meritocracies and their implications. We have been taught that meritocratic institutions and societies are fair. Putting aside the reality that no system, including our own, is really entirely meritocratic, meritocracies may be fairer and more efficient than some alternatives. But fair in an absolute sense? Think about it. A meritocracy is a system in which the people who are the luckiest in their health and genetic endowment; luckiest in terms of family support, encouragement, and, probably, income; luckiest in their educational and career opportunities; and luckiest in so many other ways difficult to enumerate–these are the folks who reap the largest rewards.”

HT.

Eighth Circuit Affirms Conviction under Federal Habitual Offender Law in Indian Country DV Case

Matthew L.M. Fletcher1 Comment

Here is the opinion in United States v. St. John.