United States Brief in Opposition to Cert Petition in Oglala Sioux Tribe’s Missouri River

Here: Oglala09-1051

Earlier materials are here.

Saginaw Chippewa Activist Loses Title VII Claim Against E. Illinois Univ.

Here is the Seventh Circuit’s opinion in Leonard v. Eastern Illinois University.

Stockbridge Munsee Briefs in Brotherton Land Claim

As Indianz reported yesterday, the Third Circuit vacated a part of the district court order dismissing the Unalatchtigo Band of Nanticoke-Lanni Lenape Nation’s land claim for the Brotherton Indian Reservation involving the Stockbridge-Munsee Indian Community.

Here are the briefs (opinion here):

Stockbridge Munsee Community Brief

Appendix I

New Jersey Brief

New Jersey Land Title Assn Amicus Brief

Stockbridge Munsee Reply Brief

Elem Colony Casino Development Contract Voided; Arbitration Vacated

Here are the materials in Elem Indian Colony of Pomo Indians v. Pacific Development Partners X (N.D. Cal.):

DCT Order Denying Motion to Modify Arbitral Award

PDP Motion to Vacate or Modify Arbitral Award

Elem Opposition to Motion to Vacate

PDP Reply re Motion to Vacate

Elena Kagan’s Remarks on the Navajo Judiciary in 2006

Very nice. I imagine soon-to-be-Justice Kagan’s words will be quoted time and again by tribal advocates:

At about four minutes in she describes the Navajo Judiciary and caseload, and then the money quote (at about 4:25):

“And the Navajo Nation’s judicial system is distinguished by quality as well as by scope.”

She then quoted at length from the Harvard Project from 1999 in awarding honors to the Navajo judiciary, noting:

“[The judiciary’s] innovative legal system is independent, fair, responsive, and consistent with the Nation’s culture and traditions.”

Must have RealPlayer to view.

Download here (near the bottom), or here:

April 12, 2006 – Remarks – Opening of Navajo Supreme Court Session

Lawrence Baca on Mary Smith’s Stalled Nomination to the DOJ Tax Division

From ICT:

Mary L. Smith has been nominated to be the assistant attorney general for the Tax Division of the United States Department of Justice. Having been nominated April 20, 2009, she is the longest-standing presidential nominee not to receive a full Senate vote. While I have kept a respectful silence during this process, the time has come when I can be silent no longer. She merits immediate confirmation.

An enrolled member of the Cherokee Nation, Mary Smith is a historic first. When the Senate confirms her, Smith will be the highest ranking Native American in the 140-year history of the Department of Justice and the first Native American to serve as an assistant attorney general. All of Indian country should be outraged that a Native American nominee continues to be denied a full Senate vote more than a year after her original nomination. We must all raise our collective voice and tell President Barack Obama and the Senate to do everything possible to move her nomination to a confirmation vote.

Continue reading

Deeply Divided Eighth Circuit Panel Affirms 10-Year Sentence for Neonatcide

Apparently, this is only the second time in the history of the federal courts that there has been a person convicted of neonatcide. Thank you Major Crimes Act. 😦

The facts in this case are beyond horrible, and we usually don’t post criminal cases like this, but the dissent is so passionate in this case.

Here is the opinion: US v Deegan.

From the dissent (Judge Bright):

In the view of this judge, the procedure followed and the imposition of a ten-year-plus prison sentence on Ms. Deegan, a young American Indian woman, represents the most clear sentencing error that this dissenting judge has ever seen.

* * *

Ms. Deegan’s crime of neonaticide was a unique sort of homicide and completely unlike the usual and ordinary killings that constitute second-degree murder under federal law. As I have already observed, federal courts do not ordinarily deal with these types of cases, which may be grist for the mills of state courts. Only because this neonaticide occurred on an Indian reservation does this case become one of federal jurisdiction. There exists no basis in the statements of the Sentencing Commission or in reviewing federal appellate second-degree murder cases to conclude that the crime of neonaticide comes within the federal second-degree murder sentencing guidelines.

Patchak Reply Brief Filed

Here: Patchak v Salazar Appellants Reply Brief 5-25-2010

Other briefs here.

NLRB v. Fortune Bay Appeal Voluntarily Dismissed

Here: Fortune Bay Voluntary Dismissal.

The Bois Fort Band will proceed through the administrative process first.

Lower court materials here.

Schaghticoke Tribal Nation Federal Recognition Cert Petition

Here: STNCertPetitionandAppendixMay242010

Lower court materials here.