U. Chi. Law Review Podcast on the Murphy/McGirt Cases

Here is “Briefly 3.10 – Is Half of Oklahoma Tribal Land?”

From the site:

This is Briefly, a production of the University of Chicago Law Review. Today we are discussing two cases pending before the Supreme Court, which will determine whether roughly half of the land in Oklahoma is actually an Indian Reservation . We’re joined by Elizabeth Reese, a Bigelow Fellow at the University of Chicago Law School, and Matthew L.M. Fletcher, Professor of Law and Director of the Indigenous Law & Policy Center at Michigan State University College of Law. Music from bensound.com.

SCOTUS Denies Cert in Cases Involving Nottawaseppi Huron Band Potawatomi, Chippewa-Cree, and Alabama-Coushatta Tribes

Here is today’s order list.

The Court denied cert in Sequoia Capital Operations LLC v. Gingras; Spurr v. Pope; and Alabama-Coushatta Tribe v. Texas.

Cert Petition in McMahon v. Chemehuevi Indian Tribe

Here is the petition:

cert-petition.pdf

appendix.pdf

Questions presented:

1. Under Barker v. Harvey, 181 U.S. 481 (1901) and United States v. Title Insurance & Trust Co., 265 U.S. 472 (1924), did the Chemehuevi Indian Tribe’s failure to file a land claim under the 1851 Act extinguish any of the Tribe’s rights as to Section 36 as conveyed to the State of California for school purposes under the Enabling Act of 1853?

2. Given that this Court has found that states take title to property under the Enabling Acts subject to aboriginal title only where a preexisting treaty has preserved the aboriginal title, does the absence of any Chemehuevi Indian Tribe reservation at the time Section 36 was conveyed to the State of California under the Enabling Act of 1853 bar any claim by the Tribe or its members that Section 36 constitutes Indian country?

3. Does the Appropriation Doctrine bar any claim by the Chemehuevi Indian Tribe or its members that the 1907 Secretarial Order could transfer Section 36 to the Tribe after the property had already been conveyed to the State of California for school purposes under the Enabling Act of 1853?

Lower court materials here.

SCOTUS Grants Cert in McGirt v. Oklahoma [Creek Reservation Boundaries Criminal Appeal]

Here are the cert stage materials in McGirt v. Oklahoma:

mcgirt-cert-petition.pdf

appendix.pdf

oklahoma-brief-in-opposition.pdf

Friday’s order list here.

News coverage here and here.

SCOTUS Denies Cert in Knighton v. Cedarville Rancheria

Here is the order list.

Cert stage materials here.

Lower court materials here.

Kurowski v. Kurowski Cert Petition

Here:

Cert Petition

Appendix

Questions presented:

Upon tribal court exhaustion must District Courts perform a threshold inquiry to protect the Indian Petitioners’ federal 25 U.S.C. § 1302 rights?

Alabama-Coushatta Tribe Cert Petition in Gaming Matter

Here is the petition in Alabama-Coushatta Tribe of Texas v. Texas:

alabama-coushatta-tribe-of-texas-cert-petition.pdf

Questions presented:

Whether IGRA authorizes gaming on tribal lands previously governed by trust statutes that prohibited gaming, as the National Indian Gaming Commission, the Department of the Interior, and the First Circuit have concluded, or not, as the Fifth Circuit has held.

Lower court materials here.

UPDATE:

ncai-amicus-brief.pdf

ysleta-amicus-curiae-brief.pdf

texas-bio.pdf

Sequoia Capital Operations LLC v. Gingras Cert Petition [Chippewa-Cree Sovereign Lending]

Here:

petitionforwritofcertiorari-3.pdf

Question presented:

Where an arbitration agreement contains a separate “delegation provision” that reserves for an arbitrator the authority to decide any disputes concerning arbitrability, does Section 2 of the Federal Arbitration Act require a court to decide any challenge to that provision’s validity before the court may proceed to address whether the parties’ underlying dispute is arbitrable?

Lower court materials here.

Update:

BIO: BriefInOpposition