Category Archives: Supreme Court

High Country News Profile of Cougar Den Case

Here.

Posted in Author: Matthew L.M. Fletcher, economic development, Research, Supreme Court, treaty rights | Tagged , , , , , ,

The Atlantic: “Can Congress Void a Tribal Treaty Without Telling Anyone?”

Coverage of the Herrera v. Wyoming argument, here.

Posted in Author: Matthew L.M. Fletcher, News, Supreme Court, treaty rights | Tagged , , , , , , , ,

King Mountain Tobacco v. US Cert Petition

Here: cert petition Questions presented: 1. Whether the Ninth Circuit erred in holding that the Yakama Treaty must include  express exemptive language” to create an exemption from a federal tax or fee.  2. Whether the Ninth Circuit erred in holding that the federal tobacco … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research, Supreme Court, taxation | Tagged , , , , , ,

Mitchell v. Tulalip Tribes Cert Petition

Here: mitchell-cert-petition.pdf Question presented: Does sovereign immunity bar the federal courts’ consideration of a declaratory judgment action to determine whether Respondent Tribes can exercise regulatory/taxing authority over real property owned in fee by Petitioners non-Indians, pursuant to allotments that were … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, Supreme Court, Tribal Codes, tribal courts | Tagged , , ,

Miccosukee Per Cap Taxation Cert Petitions

Here is the petition in Miccosukee Tribe of Indians of Florida v. United States: cert-petition-1-1.pdf Question presented: The 2014 Tribal General Welfare Exclusion Act states that, for income tax purposes, “[g]ross income does not include the value of any Indian … Continue reading

Posted in Author: Matthew L.M. Fletcher, IGRA, Indian gaming, Research, Supreme Court, taxation, treaty rights | Tagged , , , , , , , ,

McNeal v. Navajo Nation Cert Petition

Here: cert-petition-2.pdf Question presented: Whether the Tenth Circuit panel violated the current jurisprudence of this Court and the Congressional policy underlying IGRA by precluding the Nation from exercising its sovereign authority to permit a patron’s tort claim against the Nation … Continue reading

Posted in Author: Matthew L.M. Fletcher, IGRA, Indian gaming, Research, Supreme Court, tribal courts | Tagged , , , , , , ,

St. Regis Mohawk v. Mylan Pharma Cert Petition

Here: cert-petition-1.pdf Question presented: Whether inter partes review before the Patent Trial and Appeal Board is the type of proceeding in which tribal sovereign immunity may be asserted. Lower court materials here

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity, Supreme Court | Tagged , , , , ,

Atlantic Profile of the Herrera v. Wyoming Case

“Can Congress Void a Tribal Treaty Without Telling Anyone?” here.

Posted in Author: Matthew L.M. Fletcher, News, Supreme Court, treaty rights | Tagged , , ,

Casino Pauma v. NLRB Cert Petition

Here: Cert Petition Questions presented: 1. Should this Court reconsider Chevron? 2. Does the National Labor Relations Act apply to Indian tribes?  3. Does the employee-to-employee solicitation rule in Republic Aviation empower employees to solicit customers in business “guest areas” like restrooms … Continue reading

Posted in Author: Matthew L.M. Fletcher, Labor Relations, Research, Supreme Court | Tagged , , , ,

Greg Abalvsky Commentary on the Herrera Argument

From SCOTUSBlog, here.

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, Supreme Court, treaty rights | Tagged , , , , , ,