Author: Matthew L.M. Fletcher

Arizona Administrative Appeals Board Finds Tax Immunity for Indian-Owned Business at Salt River

Matthew L.M. Fletcher

Here is the opinion in On-Auk-More Trade Center LLC and State of Arizona E S A Tax Unit:

2020-05-20 – OAMTC Opinion3224

WaPo: “Covid-19 has been brutal in Indian country — just like past epidemics were”

Matthew L.M. Fletcher

Here.

Project to Implement the United Nations Declaration on the Rights of Indigenous Peoples in the United States

Matthew L.M. Fletcher

From CU and NARF:

The University of Colorado American Indian Law Program and Native American Rights Fund have teamed up on a Project to Implement the UN Declaration on the Rights of Indigenous Peoples in the United States. Visit our new website (https://un-declaration.narf.org/) for informational materials and upcoming interactive sessions to advance human rights in Indian Country. Among other things, the site features our 2020 Project Report and material on the applicability of the Declaration in various subject matters, with new information being added on a daily basis. This summer we will work with Professor Angela R. Riley’s Native Nations Law and Policy Center at UCLA School of Law to develop a Tribal Implementation Toolkit, and hope to collaborate with other institutions going forward! We’d love to hear from you.

Another Update on South Dakota Road Closure Controversy

Matthew L.M. Fletcher

From Above the Law, “South Dakota Governor Demands White House, DOJ, Interior, And Congress Crack Down On Reservation’s COVID Roadblocks.”

Letter is here.

Cert Petition in Oklahoma Gaming Machines Tax Case

Matthew L.M. Fletcher

Here is the petition in Rogers County Board of Tax Roll Corrections v. Video Gaming Technologies, Inc.:

20200514142407520_Petition for Writ of Certiorari

20200514142428474_Appendix for Petition for Writ of Certiorari

Question presented:

Whether a generally applicable state ad valorem tax, as assessed against personal property owned by a non-Indian, out-of-state corporate entity and leased to a tribe for use in its casino operations, is preempted by the Indian Gaming Regulatory Act and the Court’s “particularized inquiry” balancing test, see White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980), where the tax does not infringe on any federal regulatory purpose contained in the IGRA, the tax does not interfere with any tribal sovereignty interests, and the tax supports relevant and important government interests, such as law enforcement, schools and health services.

Lower court decision here.

UPDATE:

Tulsa County Assessor Amicus Brief

Cert Opp Brief

Federal Court Allows Gila River Indian Community Effort to Enforce Gila River Water Rights to Proceed

Matthew L.M. Fletcher

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

1 Complaint

14 Motion to Dismiss

15 Response

16 Reply

20 Defendants Supp Brief

21 GRIC Supp Brief

22 DCT Order

Leah Litman on Interruptions of Women Justices in SCOTUS Oral Arguments by Phone

Matthew L.M. Fletcher

Really interesting chart about how often the Chief Justice interrupted RBG, Sotomayor, and Kagan that has a LOT of instances from the McGirt argument.

Here is “Muted Justice” on SSRN.

TICA Lunch in Indian Country CLE Tomorrow: ICWA Litigation Update

Matthew L.M. Fletcher

Here:

Lunch in Indian Country CLE: ICWA Litigation Update

  • When
    20 May 2020
  •  
    12:00 PM – 1:00 PM
  • Location
    Live in Tucson, AZ and available via Webcast

Join us for an update on litigation concerning the Indian Child Welfare Act (ICWA).

Presenter:        

Kathryn E. Fort, Director, Indian Law Clinic, ICWA Appellate Project, Indigenous Law and Policy Center, Michigan State University College of Law

 

Register at:  https://azbar.inreachce.com/Details/Information/a7f5f134-0d39-4f8b-b19a-a227bc3eb020

May Qualify for 1 CLE Credit