Here are the materials in Ute Mountain Ute Tribe v. Rodriguez:
CA10 Dissenting Opinion [the only opinion now available on the Tenth Circuit webpage]
Ute Mountain Ute Response Brief + Appendices
Here are the materials in Ute Mountain Ute Tribe v. Rodriguez:
CA10 Dissenting Opinion [the only opinion now available on the Tenth Circuit webpage]
Ute Mountain Ute Response Brief + Appendices
Here. The transcript:
In Leelanau County in Northern Michigan, a small Native American tribe has struggled for generations to survive economic and social hardships. The tribe has always been deeply connected to the lakes economically and culturally. The latest threat to that connection is environmental degradation, particularly invasive species. But the tribes are forming unexpected alliances with old enemies to fight the threat.
When you first arrive in the Leelanau Peninsula, you think: This is heaven in the Midwest. Lake Michigan stretches out everywhere you look, blue as the Caribbean. It is a place full of second homes and tourists. But there is one spot that is different from the rest.
Arthur Duhamel Marina sound fade up
Peshawbestown is the reservation for the Grand Traverse Band of Ottawa and Chippewa Indians, a group that has lived in this area longer than anyone. It doesn’t have any t-shirt shops or beach-front mansions. Instead, there are government offices, a casino, and a tribal marina. Ed John is a tribal fisherman who docks his fishing boat here.
JOHN: I can weld, and other things. But I enjoy fishing ’cause I am my own boss. I am not rich, but I don’t want to be rich, it’s working for me.
Tribes have always been dependent on the lakes. We asked Ed how invasive species have been threatening the tribes’ livelihood.
JOHN: I was just telling my buddy, we got these reporters down here, asking about invasive species. We know a thing or two about invasive species. First we had the Vikings and all these other countries taking, actually invading our space.
Ed’s wife fishes, and so does her cousin, Bill.
FOWLER: My name is Bill Fowler, I am a tribal commercial fisherman.
His nickname is Bear.
FOWLER: Because I’m as big as a bear and I work like a bear.
Fade up engine
Bill fishes with Jason Sams who helps haul in the nets. Also along for the ride is Bill’s dauschund puppy, Beauford.
SAMS: He eats the face of the fishes. Faces ain’t worth any money anyway. He’s excited ‘cause he knows there will be fish soon.
It takes about an hour to reach the first fishing net.
FOWLER: Here fishy, fishy. Come here fishies.
Lake trout flop around on the dock, bleeding from the gills.
Fish flopping
Ice keeps them fresh till they get to shore, where Bill sells his catch under the name 1836 Fishing Company, in honor of the Treaty of 1836.
FOWLER: I named it that because the treaty is important to us to reserve our rights.
You see, back in 1836 the tribes gave away a huge chunk of land – one-third of the state of Michigan. In return they kept the right to hunt and fish. But much later, in the 1960s, the state of Michigan started heavily regulating commercial fishermen, including tribes, limiting where and how they fished.
John Bailey was a tribal leader at the time and says the regulations hurt the tribes.
BAILEY: Economically it would destroy us. And it would destroy us as Indian people because it’s something that has been passed down generation to generation.
Inspired by the Civil Rights movement in the south, tribes began using non-violent civil disobedience to protest the regulations. They ignored state fishing restrictions and said to the authorities, come arrest me.
According to John Bailey, a lot of whites didn’t react well.
BAILEY: One of the groups actually took pictures of Indian fisherman and flooded the state with wanted posters: Spear an Indian, Save a Trout. We had guns pulled on us. We had women verbally and physically assaulted.
Here is the order:
Chickasaw Judge West ORDER 07 11 2011
We’ll post the briefs as soon as we can. Here are the briefs:
Here is the petition in MTE Financial Services v. Alameda County Superior Court:
These come in haphazardly, so here’s the response in opposition to the Hualapai motion to dismiss the GCSD complaint in tribal court:
Response in Opposition to Defendants Motion to Dismiss with P
The bill “To clarify the rights of Indians and Indian tribes on Indian lands under the National Labor Relations Act” was introduced last week and the text of the bill became available today.
H.R. 2335 (text)
Here’s a link to other information about the bill.
Finally, a story on the bill from The Daily Republic:
WASHINGTON — U.S. Rep. Kristi Noem, R-S.D., introduced legislation Thursday to clarify that the National Labor Relations Board does not have jurisdiction over tribally owned businesses on reservation land as a matter tribal sovereignty.
In 2004 the National Labor Relations Board, which is the federal agency of the U.S. government charged with conducting elections for labor union representation and other labor-related duties, determined that the National Labor Relations Act (NLRA) applies to activities on reservation lands. This bill would reverse that decision. The legislation stands to defend tribal sovereignty and promote economic opportunities on reservations lands by eliminating ambiguity in existing federal law. Continue reading
Saskatchewan (Dir. of Public Prosecutions) v. Marsland is a very interesting case, illuminating the jurisdictional anomalies which can occur in Canada when s. 91(24) of the Constitution Act, 1867, overbroad provincial legislation, and overzealous federal and provincial prosecutors form an unholy union and render impotent, band codes that are in place on reserves.
In a civil procedure matter dealing with a case involving seized cigarettes, an Ontario judge adjourned the case sine die until another matter is adjudicated. Six Nations only wanted it adjourned until some time in July, while Ontario requested the sine die adjournment. The judge blamed Six Nations for the manner in which it “has chosen to conduct the litigation.”
Here is the opinion in People ex rel. Harris v. Native Wholesale Supply Co.
An excerpt:
NWS moved successfully to quash service for lack of personal jurisdiction.
NWS is an out-of-state, tribal-chartered corporation that is owned by a Native American individual. Its principal business is the sale and distribution of cigarettes manufactured by Grand River Enterprises Six Nations Ltd. (Grand River), a tribal-owned corporation in Canada. Since late 2003, NWS has sold hundreds of millions of Grand River cigarettes to a small Indian tribe in California, and these cigarettes, in turn, have been sold to the California public.
Based on this scenario, we conclude that NWS has purposefully derived benefit from California activities under the stream of commerce theory, sufficient to invoke personal jurisdiction. Indeed, for personal jurisdiction purposes, we see not just a stream of commerce, but a torrent. Consequently, we shall reverse the order quashing service and remand this matter to the trial court. (Code Civ. Proc., § 904.1, subd. (a)(3).)
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