Research

Sauk-Suiattle v. Seattle Cert Petition

Matthew L.M. Fletcher

Here:

Cert Petition.pdfDownload

Questions presented:

  1. Is the court-created “futility” doctrine, which allows a United States court to decide a case removed from state court even though it lacks jurisdiction, repugnant to Article III of the Constitution?
  2. Does application of the so-called “futility” doctrine by a United States court to decide a case over which it lacks jurisdiction contravene 28 U.S.C. 1447(c), the plain language of which requires remand of the cause to the state court from which it was removed?
  3. Should the Supreme Court grant certiorari to reconcile a conflict among the circuit courts of appeal regarding the validity of the futility doctrine?

Lower court materials here.

Washington Federal Court Holds that Railroad is Liable for Trespass on Swinomish Lands

Matthew L.M. Fletcher

Here are the available trial materials from Swinomish Indian Tribal Community v BNSF Railway Company (W.D. Wash.):

207 Swinomish Trial Brief

208 BNSF Trial Brief

And here is the judge’s decision:

216-dct-orderDownload

Prior post here.

Seneca-Cayuga Sues Oklahoma Officials over Reservation Boundaries Post-McGirt

Matthew L.M. Fletcher

Here is the complaint in Seneca-Cayuga Nation v. Drummond (N.D. Okla.):

1 Complaint.pdfDownload
Maybe time for some burn barrel protesting.

Update: Here is the complaint in Eastern Shawnee Tribe v. Drummond:

2 Complaint.pdfDownload

Tenth Circuit Oral Argument Audio in Hooper v. City of Tulsa

Matthew L.M. Fletcher

Here.

Briefs here.

Teepee incense here:

Tenth Circuit Rules in Favor of Jemez Pueblo’s Aboriginal Rights Suit re: Valles Caldera

Matthew L.M. Fletcher

Here is the opinion in Pueblo of Jemez v. United States.

An excerpt:

In our circuit, both before and after Jemez I, the Jemez Pueblo could lose its established aboriginal title to Banco Bonito only if its title had been extinguished or abandoned. And the district court concluded that neither of those conditions had occurred. So in accordance with longstanding Supreme Court precedent, and by the district court’s findings, the Jemez Pueblo still has aboriginal title to Banco Bonito.

Links to briefs and lower court materials here.

Alex Skibine Memorial Today @ Utah Law School

Matthew L.M. Fletcher

Here.

Join the University of Utah S.J. Quinney College of Law to celebrate the life of Alex Tallchief Skibine, who was S.J. Quinney Professor of Law at the college. Alex was a much loved member of our community and a renowned scholar in Indian Law.

Fellow Indian Law scholars from around the country will share their reflections on Alex and his impact in the field. There will also be space for attendees to share their memories of Alex.

The speakers will include:
Matthew Fletcher, University of Michigan Law
Carole Goldberg, University of California Los Angeles Law
Robert Miller, Arizona State University Sandra Day O’Connor College of Law
Nell Newton, Wake Forest University Law
Elizabeth Kronk Warner, University of Utah S.J. Quinney College of Law

Sadly I could not attend and recorded a short statement. Alex will always be one of my favorites. This field will be less fun without him around.

Montana Federal Court Allows Crow Nation Member’s Allotment Partition Suit to Proceed

Matthew L.M. Fletcher

Here are the materials so far in Halverson v. Haaland (D. Mont.):

1 Complaint

18 Motion to Dismiss

22 Response

23 Reply

40-dct-orderDownload