Tenth Circuit Briefs in Crow Tribe v. Repsis

Ok, so it’s just one brief so far….

Here:

Opening Brief

State Response Brief

Reply

Lower court materials here.

Dakota Access LLC v. Standing Rock Sioux Tribe Cert Petition [Updated with additional cert stage briefs]

Here:

Cert Petition

Questions presented:

  1. Whether, under NEPA, an agency that carefully considers all criticisms of its environmental analysis must also “resolve” those criticisms to the court’s satisfaction to justify a finding of no significant impact; and
  2. Whether procedural error under NEPA per se warrants remand with vacatur.

Lower court materials here.

Update:

Federal BIO

Tribal BIO

Reply

Native America Calling: Monday, September 20, 2021 – ICWA: Federal protections for children under constant legal pressure

Here.

Ysleta del Sur Pueblo v. Texas Cert Stage Supplemental Briefs

Here:

SG Invitation Brief

Texas Supplemental Brief

Cert stage briefs are here.

Grand River Six Nations Enterprises Ltd. v. Boughton Cert Petition

Here:

GRE Six Nations Cert Petition

Questions presented:

1. Whether Connecticut impermissibly regulates or controls conduct beyond the boundaries of the State in violation of the dormant Commerce Clause when, as a condition of allowing a manufacturer’s products to be sold in the state, Connecticut forces the manufacturer to obtain and provide private sales and shipping information possessed by non-Connecticut distributors doing no business in Connecticut and having no nexus with Connecticut.

2. Whether Connecticut violates Due Process protections when it bans a manufacturer’s products from being sold in the state, if the manufacturer fails to obtain and provide to Connecticut private sales and shipping information possessed by non-Connecticut distributors relating to their distribution of products in jurisdictions other than Connecticut.

3. Whether Connecticut violates the Supremacy Clause when, as a condition of allowing a manufacturer’s products to be sold in the state, Connecticut forces the manufacturer to obtain and provide private sales and shipping information possessed by non-Connecticut distributors who conduct no business in Connecticut nor distribute the manufacturer’s products to, or in, Connecticut.

Lower court materials here.

Update:

Boughton BIO

Reply

State of Oklahoma v. Kepler Cert Petition [Request to Overrule McGirt]

Here:

Cert Petition

Question presented:

Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.

Lower court materials (Kepler v. State):

Order

State Brief

Kepler Notice

Oklahoma v. Bosse Cert Petition

Here:

Questions presented:

1. Whether a State may impose procedural or equitable bars to postconviction relief on the claim that the State lacked prosecutorial authority because the crime of conviction occurred in Indian country.

2. Whether a State has authority to prosecute non-Indians who commit crimes against Indians in Indian country.

3. Whether McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), should be overruled.

Lower court materials here.

Tulsa Law Review Symposium on McGirt

Here:

PDF

Introduction
Mary Kathryn Nagle

PDF

The Past May Be Prologue, But It Does Not Dictate Our Future: This Is the Muscogee (Creek) Nation’s Table
Jonodev Chaudhuri

PDF

Reflections on McGirt v. Oklahoma: A Case Team Perspective
Riyaz Kanji, David Giampetroni, and Philip Tinker

PDF

The Indian Treaty Canon and McGirt v. Oklahoma: Righting the Ship
Lauren King

PDF

A Wealth of Sovereign Choices: Tax Implications of McGirt v. Oklahoma and the Promise of Tribal Economic Development
Stacy Leeds and Lonnie Beard

PDF

The Sky Will Not Fall in Oklahoma
Clint Summers

Casenote/Comment

PDF

A Coherent Ethic of Lawyering in Post-McGirt Oklahoma
Julie Combs

Other

PDF

Reclaiming Our Reservation: Mvskoke Tvstvnvke Hoktvke Tuccenet (Etem) Opunayakes
Sarah Deer

WaPo: “Native voters are clearing hurdles. That’s why some politicians want to make them higher.”

Here.

Guy Charles and Luis Fuentes-Rohwer on the Voting Rights Case

Here is “The Court’s Voting-Rights Decision Was Worse Than People Think,” in the Atlantic.