Federal Magistrate Orders Release of Jemez Pueblo Prisoner for ICRA Violations

Here are the materials in the case now captioned Fragua v. Elwell (D.N.M.):

18 Magistrate Recommendation

20 Magistrate Order of Release

Prior post here.

Federal Magistrate Recommends Immediate Release of Indian Prisoner for ICRA Right to Counsel Violation

Here are the materials so far in Fragua v. Casamento (D.N.M.):

1 Habeas Petition

6 Jailer Response

7 Prisoner Reply

12 Magistrate Report

The Wisconsin Experiment

Donald Trump’s war on the environment was prototyped by far-right politicians in state government. We can learn from Indigenous communities who fought back in the name of science and democracy — and won.

In the opening months of the Trump administration, we have seen concerted attacks on science, environment, and democracy. Climate change denier Scott Pruitt was put in charge of the Environmental Protection Agency, although he could not name a single regulation he favors. Congress revoked rules against dumping mining waste in streams, and the president began rolling back Obama-era climate actions. The draft federal budget includes deep cuts to the EPA, NOAA, and public lands agencies, slashing more than 50 programs, including environmental justice. 1 If dismantling environmental law is the first step toward what White House strategist Steve Bannon calls “the deconstruction of the administrative state,” 2 that’s because it touches everything Trump holds in contempt: empirical evidence, international cooperation, democratic process, the rights of minorities, the future itself.

HERE

Split Ninth Circuit Dismisses ICRA Banishment Challenge

Here is the opinion in Tavares v Whitehouse.

Briefs:

Appellant Brief

Appellee Brief

Reply Brief

Lower court materials here.

Federal Court Dismisses Pro Se Wrongful Termination Claim against White Earth Ojibwe

Here are the materials in Harper v. White Earth Human Resources (D. Minn.):

9-motion-to-dismiss

26-magistrate-report

28-dct-order

Casino Patron Brings Federal Suit over Interpretation of Tribal Tort Claims Act

Here is the complaint in Wilson v. Umpqua Indian Development Corporation (D. Or.):

1 Complaint

1-7 Tribal Court Decision

Update:

15 Motion to Dismiss

Massive NYTs Magazine Article on Nooksack Disenrollments

Here is “Who Decides Who Counts as Native American? Four years ago, the Nooksack in Washington State announced that they were expelling hundreds of members, setting off a bitter debate over tribal identity.”

Respondent’s Brief in Lewis v. Clarke

Download(PDF): Brief for Respondent

Link: Lewis v. Clarke tag archive

Bloomberg Commentary on Cherokee Marriage Equality

Noah Feldman has published “Cherokees’ Gay-Marriage Law is Traditional.”

Petitioner’s Brief in Lewis v. Clarke

Here:

Brief for Petitioner

Other background materials here.