Recent Indian Law Scholarship

Matthew L.M. Fletcher

Tribes, States, and Sovereigns’ Interest in Children

North Carolina Law Review, Vol. 102, 2024

Emily Stolzenberg, Villanova University Charles Widger School of Law

Navajo Statehood: From Domestic Dependent Nation to 51st State

101 Oregon Law Review 307 (2023)

Ezra Rosser, American University – Washington College of Law

Re-Placing Property

University of Chicago Law Review, Forthcoming

Jessica A. Shoemaker, University of Nebraska – College of Law

The Federal Indian Blood Quantum Fiction

The Great Vanishing Act: Blood Quantum and the Future of Native Nations, Vol. 2, Fulcrum Publishing, (Forthcoming)

Gabriel Galanda, Galanda Broadman

Enslaved in a Free Country: Legalized Exploitation of Native Americans and African Americans in Early California and the Post-Emancipation South

Journal of Law and Political Economy, Vol. 3, No. 2, 2022

Middleton Manning, Beth Rose, Steven Gayle

Affordable and Clean Energy

Chapter 7 in Governing for Sustainability, Environmental Law Institute (2023); University of Utah College of Law Research Paper Forthcoming

Elizabeth Ann Kronk Warner, Uma Outka, University of Utah – S.J. Quinney College of Law and University of Kansas – School of Law

Property and More-than-Human Personhood

U. of Pittsburgh Legal Studies Research Paper No. 2023-34

Jessie Allen, University of Pittsburgh – School of Law

True Co-management: Critical Approaches to Indigenous Food Sovereignty

41 Yale Law & Policy Review 233 (2023)

Alexandra Fay, UCLA School of Law

MCN District Court Orders Enrollment Office to Reconsider Denials of Freedmen Descendants’ Citizenship Applications

Matthew L.M. Fletcher

Here is the order in Grayson v. Citizenship Board (MCN Dist. Ct.):

mcn dist. ct., order and opinion on appeal from citizenship board of the muscogee (creek) nation denial of creek freedmen citizenship application, 09272023.pdfDownload
Cannupa Hanska Luger @ UMMA

Utah Federal Court Dismisses Ute Water-Related Breach of Trust Claims

Matthew L.M. Fletcher

Here are the materials in Ute Indian Tribe v. Dept. of the Interior (D. Utah):

199 Water District Motion to Dismiss

200 US Motion to Dismiss

201 Utah Motion to Dismiss

207 Response to Water District Motion

208 Response to State Motion

210 Response to US Motion

214 Utah Reply

215 US Reply

216 Water District Reply

244 DCT Order

Prior post here.

Sixth Circuit Briefs in Nessel v. Enbridge Energy LP

Matthew L.M. Fletcher

Here:

Michigan Brief.pdfDownload
Tribes Amicus Brief.pdfDownload
States Amicus Brief.pdfDownload
27-2.-FLOW-Amicus-Brief.pdfDownload
Answer Brief.pdfDownload
Reply.pdfDownload

Mayberry and Garrow on Fairness for Self-Represented Tribal Court Litigants

Matthew L.M. Fletcher

Danielle J. Mayberry and Carrie E. Garrow have published “A Portrait of Tribal Courts: Tribal Court Tools and Levers to Ensure Procedural Fairness for Self-Represented Litigants” in the Journal of Appellate Practice and Process. PDF

Highly recommended!

63 Tribal and First Nations Support Attorney General Dana Nessel in 6th Circuit Court of Appeals – Line 5

whitneygravelle

Amicus Briefs (also known as “friend of the court” briefs) in support of Nessel’s position were filed by 12 states and the District of Columbia, 63 Tribal and First Nations, the Great Lakes Business Network (a network of over 200 businesses that rely on the Great Lakes including Bell’s Brewery, Patagonia, and Cherry Republic), and an environmental group committed to protecting the Great Lakes known as For Love Of Water.

tribes-amicus-briefDownload
ag-nessels-brief-on-appealDownload
fellow-states-amicus-briefDownload
great-lakes-business-network-amicus-briefDownload
flows-amicus-briefDownload

Sault Tribe Trust Land Acquisition Appeal [updated 1/12/24]

Matthew L.M. Fletcher

Here are the briefs (only one so far) in Sault Ste. Marie Tribe of Chippewa Indians v. Haaland (D.C. Cir.):

Sault Tribe Opening Brief.pdfDownload
Federal Answer Brief.pdfDownload
Saginaw Chippewa and Nottawaseppi Brief.pdfDownload
Detroit Casinos Brief.pdfDownload

Sault Tribe Reply

Lower court materials here.

D.C. Circuit Briefs in Tanner-Brown v. Haaland

Matthew L.M. Fletcher

Here:

Opening Brief.pdfDownload
Federal Answer Brief.pdfDownload

Lower court briefs here.

Borrower Class Prevails over Tribal Lending Operation’s (former?) Partner in Virginia Federal Court

Matthew L.M. Fletcher

Here are the materials in Williams v. Big Picture Loans LLC (E.D. Va.):

1166 Williams MSJ.pdfDownload
1206 Opposition.pdfDownload
1241 Reply.pdfDownload
1406 DCT Order.pdfDownload

Prior posts here.

North Dakota Federal Dismisses Federal Common Law Trespass Claims of Indian Allottees against Pipeline Company

Matthew L.M. Fletcher

Here are the materials in Chase v. Andeavor Logistics PC (D.N.D.):

74 MTD — Subject Matter Jurisdiction.pdfDownload
75 MTD — 12b6.pdfDownload
76 MTD- Rule 19.pdfDownload
77 MTD — Failure to Exhaust.pdfDownload
85 Consolidated Response.pdfDownload
86 Reply ISO 75.pdfDownload
87 Reply ISO 77.pdfDownload
90 Reply ISO 74.pdfDownload
91 Reply ISO 76.pdfDownload
134 Chase Supplemental Brief.pdfDownload
138 Andeavor Supplemental Brief.pdfDownload
139 DCT Order.pdfDownload