Ninth Circuit Reverses Dismissal of Purported Whistleblower’s Suit against BIA

Matthew L.M. Fletcher

Here are the materials in Kent v. Lacounte:

CA9 Unpublished Memorandum .PDFDownload
Kent Brief.PDFDownload
Federal Answer Brief.PDFDownload
Reply.PDFDownload
Shelly Niro

Prior post here.

AFCARS Model Comment Available

Kate Fort

As a reminder, comments for the ICWA AFCARS are due April 23. The Indian Law Clinic has developed a model comment for tribes to edit and use if they so wish. For a copy of the comment, please contact Cody Fowler, who has done the heavy lifting on this work, is an MSU grad and is helping out the Clinic for a few weeks! He can be contacted at:

fowler48@msu.edu

The proposed rule is here, as well as the link to submit comments:

https://www.federalregister.gov/documents/2024/02/23/2024-03373/adoption-and-foster-care-analysis-and-reporting-system

As a reminder, this is a proposed rule to require nationwide data collection about ICWA children in foster care. We have never had nationwide data on ICWA cases, despite nearly ten years of active litigation to try to get the 2016 rule back, and many years of activism before that to get the 2016 rule.

California Federal Court Holds that Federal Courts Have No Jurisdiction Eviction Action re: Trust Allotment(!)

ilpc

Here are the materials in The Tamarisk Rd. Trust UDT v. Prieto (C.D. Cal.):

23 Motion to Dismiss.pdfDownload
25 Opposition.pdfDownload
27 Reply.pdfDownload
30 DCT Order.pdfDownload

Penn State Dickinson Law — Opportunity for an Adjunct Faculty Member to Teach Native American Law

Matthew L.M. Fletcher

Penn State Dickinson Law in Carlisle, PA is looking for an adjunct faculty member to teach Native American Law in the Fall 2024 semester.  While in-person instruction is preferred, we are open to a remote synchronously taught course.  If you are interested in applying for this opportunity, please do so here.  We welcome interest from applicants with diverse experiences and backgrounds, including from practicing attorneys, experienced faculty, and those seeking to enter legal education.

San Carlos Apache Tribe Submission re: Oak Flat to the UN Committee on the Elimination of Racial Discrimination

Matthew L.M. Fletcher

Here:

UN.CERD.Urgent Action Re.San Carlos Apache Tribe.Oak Flat.04:03:24.FNL.pdfDownload

Wyoming Federal Court Vacates Repsis Decision

Matthew L.M. Fletcher

Here is the order in Crow Tribe of Indians v. Repsis (D. Wyo.):

107 DCT Order.pdfDownload

Tenth Circuit order here.

Lower court materials here.

Casper Star-Tribune, Oct. 16, 1997

Alaska Federal Court Affirms Alaska Native Subsistence Rights

Matthew L.M. Fletcher

Here are the materials in United States v. State of Alaska (D. Alaska):

70 US Motion for Summary J.pdfDownload
72 Alaska Motion for Summary J.pdfDownload
101 US Reply.pdfDownload
109 Kuskokwim River Inter-Tribal Reply ISO 70.pdfDownload
113 Ahtna Tene Nené Reply ISO 70.pdfDownload
115 AVCP Reply ISO 70.pdfDownload
122 Alaska Reply.pdfDownload
129 DCT Order.pdfDownload

Washington State Bar Assn. Indian Law CLE — May 16-17, 2024

Matthew L.M. Fletcher
WSBA Indian Law Section CLE webinar_flyer_final.pdfDownload

Oklahoma SCT Rejects Gov. Stitt’s Effort to Undo Tribal Tax Agreements Modifications from State Legislature

Matthew L.M. Fletcher

More stupid Oklahoma shit. More will come in the next few months. . . .

Here is the opinion in Stitt v. Treat.