sovereign immunity

Nooksack Disenrollment Update — New Case Filing, Adams v. Kelly — Briefs in Tribal Court Appeal

Matthew L.M. Fletcher

Here are the briefs in Lomeli v. Kelly (Nooksack Ct. App.):

Lomeli v Kelly Opening Brief of Appellants

Lomeli v Kelly COA Response Brief of Appellees

Lomeli v Kelly COA Reply Brief of Appellants

And a new case filing, Adams v. Kelly (Nooksack Tribal Ct.):

Adams v Kelly Motion for TRO

Adams v Kelly Defendants’ Opposition to to Plaintiffs’ Motion for TRO and Defendants’ Motion to Dismiss

Adams v Kelly Declaration of Rick D. George Tribal Council Vice Chairman

Adams v Kelly Amended Reply Re Motion for TRO

Adams v Kelly Order Denying Plaintiffs’ Motion for TRO

Fletcher on the Michigan v. Bay Mills Case

Matthew L.M. Fletcher2 Comments

Here is (Re)Solving the Tribal No-Forum Conundrum: Michigan v. Bay Mills Indian Community (PDF), published in the Yale Law Journal Online.

The abstract:

Michigan v. Bay Mills Indian Community, a dispute over a controversial off-reservation Indian casino, is the latest opportunity for the Supreme Court to address the doctrine of tribal sovereign immunity. The Court could hand Michigan a big win by broadly abrogating tribal immunity, and in turn wreak havoc on modern tribal governance. Alternately, the Court could hand Bay Mills a victory by affirming the tribe’s immunity, effectively precluding judicial review of the tribe’s casino project. In this Essay, Professor Matthew L.M. Fletcher argues that neither choice is preferable to a third option that would both advance tribal self-determination and hold tribes accountable to outsiders. The Court could condition tribal immunity in federal or state court on whether the tribe has solved the no-forum problem by providing a tribal forum for the resolution of important disputes.

Tribal Court Rejects Effort to Stop Automatic Disenrollment of Nooksack Members in Violation of Court Order

Matthew L.M. Fletcher1 Comment

Here are the new materials in Lomeli v. Kelly (Nooksack Tribal Court):

Lomeli v Kelly Motion for Order Re Contempt

Lomeli v Kelly Defendants’ Opposition to Motion for Order to Show Cause RE Contempt

Lomeli v Kelly Motion for Contempt Reply

Lomeli v Kelly Order Denying Motion for Order to Show Cause

Apparently, four Nooksacks have been automatically disenrolled, since August, in violation of a Stipulation and Order in Lomeli providing that nobody would be disenrolled until all of the hearings were concluded.

Complete Second Circuit Briefing in Otoe-Missouria Tribe v. New York Dept. of Financial Regulation

Matthew L.M. Fletcher1 Comment

Here:

Otoe-Missouria Opening Brief

NY Brief

Center for Responsible Lending Amicus Brief

Consumer Financial Protection Bureau Amicus Brief

Nine Advocacy Organizations Amicus Brief

Otoe-Missouria Reply Brief

Lower court materials here.

Ninth Circuit Briefs in Pala Disenrollment Appeal — Allen v. Smith

Matthew L.M. Fletcher1 Comment

Here:

(August 9 2013) Appellants_ Opening Brief

Answering Brief 11-8-13

Lower court materials here.

Minnesota SCT Oral Argument Video in City of Duluth v. Fond du Lac Band Ojibwe

Matthew L.M. Fletcher2 Comments

Here.

News coverage here.

Lower court materials here.

Two Important ICT Commentaries on Michigan v. Bay Mills

Matthew L.M. Fletcher

The first commentary is from Native Nations Institute commentators Ryan Seelau and Dr. Ian Record:

Will the Supreme Court Use Bay Mills Case to Blow Up Tribal Sovereignty?

Read more at http://indiancountrytodaymedianetwork.com/2013/11/05/sovereign-immunity-and-bay-mills-case-how-tribes-can-prepare

 

The second commentary is from Gabriel Galanda and Ryan Dreveskracht of Galanda Broadman:

The Bay Mills Buck Stops With NIGC

Read more at http://indiancountrytodaymedianetwork.com/2013/11/06/bay-mills-buck-stops-nigc

Nooksack Tribe Appellee Brief in Lomeli v. Kelly

Matthew L.M. Fletcher1 Comment

Here:

Lomeli v Kelly COA Response Brief of Appellees

Opening brief here.

Supreme Court Amicus Briefs in Support of Bay Mills Indian Community

Matthew L.M. Fletcher

Actually, so far, we only have one….

Here:

12-515 bsac SCHOLARS OF AMERICAN INDIAN LAW

12-515 bsac National Congress of American Indians

Seminole amicus

US Amicus Brief

Opening Second Circuit Brief in Otoe-Missouria v. NY Dept. of Financial Regulation

Matthew L.M. Fletcher

Here:

Otoe-Missouria Opening Brief

Lower court materials here.