New Scholarship on Allowing Tribes to Declare Bankruptcy

Here is a new student article, “Shooting Craps: How Denying Tribal Casinos Bankruptcy Relief Ensures that Everyone Loses and a New Rule to Provide Potential Chapter 11 Relief,” available on SSRN. It will be published in the Temple Law Review.

Here is the abstract:

In August 2012, the Bankruptcy Court for the Southern District of California dismissed a Chapter 11 petition filed by the Santa Ysabel Resort and Casino finding that the casino was an ineligible debtor under the Bankruptcy Code. This Essay critiques the decision of the Bankruptcy Court and suggests that tribal casinos should not be summarily excluded from filing for bankruptcy. This is because the federal Indian Gaming and Regulatory Act dictates the corporate form of Indian casinos but potentially excludes them as eligible debtors.

Instead, this Essay proposes a new rule that courts should use when evaluating Tribal Casinos as semi-sovereign entities in Chapter 11 proceedings. Ultimately, this rule would allow certain tribal casinos to avail themselves of bankruptcy protection while still complying with federal law.

Federal Court Refuses to Dismiss Bribery Charges against Former 29 Palms Attorney

Here are the newest materials in United States v. Kovall (C.D. Cal.):

Omnibus Motion to Dismiss Indictment

US Opposition

Omnibus Reply

No order yet, but news coverage here.

Grand Canyon Skywalk Development LLC Sues Hualapai Tribe Directly

Here is the complaint, seeking to compel arbitration, in Grand Canyon Skywalk Development LLC v. Hualapai Indian Tribe (D. Ariz.):

GCSD v Hualapai Complaint

Anishinabe Legal Services Staff Attorney Job Posting

Job Posting for ALS Staff Attorney Position

FTE Staff Attorney-Anishinabe Legal Services

Anishinabe Legal Services is seeking a full-time staff attorney to provide civil legal assistance and court representation to program clients before area Tribal Courts, State Courts and Administrative Forums.

BACKGROUND:  Anishinabe Legal Services (ALS) is a Legal Services Corporation (LSC) funded 501(c)(3) organization providing free legal assistance and court representation to low-income individuals living on or near the Leech Lake, White Earth and Red Lake Indian Reservations in Northern Minnesota.  Legal services are provided through grants and contracts with federal, state and tribal governments.

Continue reading →

Federal Court Holds Bush-Era Denial of Duquamish Federal Recognition Violated APA

Here are the materials in Hansen v. Salazar (W.D. Wash.):

DCT Order Granting Hansen Motion

Hansen Motion for Summary J

Interior Cross-Motion

Muckleshoot Response

Hansen Reply

Saginaw Chippewa and Nottawaseppi Huron Potawatomi Chairs Op/Ed on Lansing Casino

Here.

Fletcher on American Indian Legal Scholarship

The California Law Review Circuit published my meta-paper, American Indian Legal Scholarship and the Courts: Heeding Frickey’s Call. PDF here.

The description:

Michigan State University College of Law Professor Matthew L.M. Fletcher examines the late Berkeley Law Professor Philip P. Frickey’s call for more grounded and empirical American Indian legal scholarship. Fletcher analyzes the state of American Indian legal scholarship that led to Frickey’s call and the impact that Frickey’s call has had since.

Adoptive Couple v. Baby Girl & Cherokee Nation Respondents’ Briefs

Here:

12-399 Birth Father

12-399 CherokeeNation

Is Nooksack Attempting to Disenroll Filipino Descendants?

Here.

ETA: As pointed out on our Facebook page, here’s the LA Times article linked to in that article with additional background. Thanks to T.S.