Updated and Complete Summary Judgment Briefs in Cherokee Freedman Case

Here are the materials in Cherokee Nation v. Nash (D.D.C.):

233 Cherokee Nation Brief

234 Federal Defendants – Expert Report in Support of Partial Summary Judgment

Exhibit 3 Federal Defendants Motion and Memo In Support – Cross Motion for Partial Summary Judgment and Opposition to Cherokee Motion

235-1 Cherokee Freedmen Brief

235-3 Exhibits

239 Cherokee Nation Reply

243 Federal Defendants’ Reply to Cherokee Opposition to Cross-Motion for Partial Summary Judgment

243-1 Ex 1 to Federal Reply Brief

243-2 Ex 2 to Federal Reply Brief

244 Cherokee Freedmen Reply

Oral argument set for April 28, 2014.

Federal Court Rules Against Feds in Lower Elwha Fish Hatchery Challenge

Here are the materials in Wild Fish Conservancy v. National Park Service (W.D. Wash.):

153 Wild Fish Conservancy Motion for Summary J

164 Federal Cross Motion for Summary J

191 DCT Order

Prior posts are here, here, here, here, and here.

Opening Seventh Circuit Brief in Wisconsin Night Hunting Case

Here is the opening brief in Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. State of Wisconsin:

7th Circuit FINAL Night Hunting Opening Brief

Lower court materials here.

15 Years Ago Today, Minnesota v. Mille Lacs was Decided

With all of the depressing Indian Law cases that we read, it is always nice to remember the victories.

This is taken from the Great Lakes Indian Fish & Wildlife Commission’s Facebook page:

Honoring Treaty Day 2014

A unique Ojibwe holiday, GLIFWC bands established Treaty Day following the US Supreme Court ruling in the Minnesota v. Mille Lacs case. That decision, issued 15 years ago today, found that reserved rights in the Minnesota 1837 ceded territory continued to exist—a ruling that supported earlier court decrees on other ceded lands and waters.

To the treaty-era Ojibwe headmen, tribal harvesters (across the centuries), legal experts, caretakers of treaty resources, and today’s men and women that lead tribes into the 21st Century: Chi Miigwech! COR

 

Big Questions: 1855 Treaty and Treaty Rights

Half hour show on the 1855 Treaty and treaty rights generally.

In These Times Profile of Fight against Rio Tinto’s Mine in UP

Here.

H/T Pechanga.

Winona LaDuke on Tribes’ Responses to Mines and Pipelines

Her piece in The Circle is here.

Bill to Clear Treaty Fishing Convictions Heads to Gov. Inslee

Here.

American Indian tribal members arrested while exercising their treaty fishing rights before 1975 would get the chance to clear their criminal records under a bill headed to Gov. Jay Inslee’s desk.

House Bill 2080 passed the Senate unanimously Wednesday. It passed the House in February.

The measure would allow tribal members to apply to the sentencing court to expunge their related misdemeanor, gross misdemeanor or felony convictions. Family members and tribal officials also could seek a vacated criminal record on behalf of a deceased person. The court would have the discretion to vacate the conviction, unless certain conditions apply, such as if the person was convicted for a violent crime or crime against a person.

via @SmithsonianNMAI

New Scholarship on the “Bad Men” Clause in the Sherman Treaties

James D. Leach has published “Bad Men Among the Whites” Claims After Richard v. United States” in the New Mexico Law Review.

An excerpt:

This article contends that Richard provides Indians with exactly what they bargained for and received when their tribes negotiated and signed treaties with the United States. The government is unlikely to return the parties to their pre-agreement status by returning to Indians the lands they gave up in treaties. The right of Indians to receive what the government promised them in exchange for large amounts of tribal land would seem to be beyond moral or legal dispute. But as we will see, even these seemingly self-evident principles are now disputed.

Our post on the Richard case is here.

Federal Court Holds Omaha Reservation Not Diminished in Tribal Liquor Jurisdiction Matter

Here are the new materials in Smith v. Parker (D. Neb.):

134 Nebraska Response

135 US Response

136 Village of Pender Response

138 Omaha Tribe Response

140 Opinion

Cross-motions for summary judgment and briefs are here. Prior posts here, here, and here.