Here are the briefs in Flute v. United States (D. Colo.):
Flute Opposition to Motion to Dismiss
The complaint is here.
sovereign immunity
Nooksack Disenrollment Update — New Case Filing, Adams v. Kelly — Briefs in Tribal Court Appeal
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 Declaration of Rick D. George Tribal Council Vice Chairman
Fletcher on the Michigan v. Bay Mills Case
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
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
Ninth Circuit Briefs in Pala Disenrollment Appeal — Allen v. Smith
Minnesota SCT Oral Argument Video in City of Duluth v. Fond du Lac Band Ojibwe
Two Important ICT Commentaries on Michigan v. Bay Mills
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-nigcNooksack Tribe Appellee Brief in Lomeli v. Kelly
Supreme Court Amicus Briefs in Support of Bay Mills Indian Community
Actually, so far, we only have one….
Here:
12-515 bsac SCHOLARS OF AMERICAN INDIAN LAW
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