Sarah Deer on Feminist Jurisprudence in Tribal Courts

May 16, 2023Matthew L.M. Fletcher

Sarah Deer has published “Feminist Jurisprudence in Tribal Courts: An Untapped Opportunity” in the Yale Journal of Law and Feminism.

An excerpt:

What if every gendered legal issue was not burdened by over 200 years of patriarchal and racist precedent? How would feminists craft legal practices and structures in a way that would be grounded by a clear understanding of the harms of oppression and subjugation? These questions are not just rhetorical; this essay argues that a fresh perspective is possible in the context of an Indigenous feminist jurisprudence. Indigenous feminist legal theory (IFLT) is in its nascent stages as a contemporary academic discipline and praxis. It has largely been elucidated by legal scholars in Canada, including Emily Snyder, Val Napoleon, and John Borrows. Snyder explains that IFLT lies at the intersection of feminist legal theory, Indigenous feminist theory, and Indigenous legal theory.

Washington Federal Court Dismisses Sauk-Suiattle Online Sales Tax Complaint

May 16, 2023Matthew L.M. Fletcher

Here are the materials in Sauk-Suiatte Indian Tribe v. Ryser (W.D. Wash.):

5 Amended Complaint.pdf Download

9 Motion to Dismiss.pdf Download

10 Response.pdf Download

11 Reply.pdf Download

12 DCT Order.pdf Download

UCLA Webinar on Indigenous Sacred Sites

May 15, 2023Matthew L.M. Fletcher

Frank Pommersheim Guest Post: “The Red Bird Trilogy”

May 15, 2023Matthew L.M. Fletcher

The Red Bird Trilogy: Comments Delivered at the 11^th Annual University of South Dakota Native Alumni Dinner[1]

Frank Pommersheim

I. Opening Welcome

A special thanks to John Little,[2] Megan Red Shirt Shaw,[3] Damon Leader Charge,[4] the Tiyospaye Council, and many others for all their hard work on this event to recognize and highlight the contribution of Native alums to this University and to their Tribes and the State of South Dakota in their professional lives.

I also want to give special thanks to John and Megan for the decision to highlight the contributions and accomplishments of Native law school grads both during their time at the Law School and in their subsequent professional lives. This is an important first in the history of the Law School.

Although I am not sure that this is public knowledge yet (I remain a relative stranger in the world of social media!), I want to commend Dean Neil Fulton of the Law School for selecting J.R. LaPlante, class of 2009 and member of the Cheyenne River Sioux Tribe, as the 2023 keynote speaker at the special hooding graduation ceremony held by the Law School on May 5. This will be another first. J.R. will be the first Native alum to give the keynote at this prestigious event. Cheers!

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Kirsten Carlson on the Democratic Difficulties of Castro-Huerta

May 15, 2023Matthew L.M. Fletcher

Kirsten Matoy Carlson has published “The Democratic Difficulties of Oklahoma v. Castro-Huerta” in New Political Science. Here is the abstract:

The Supreme Court, some commentators argue, is at its most undemocratic since the Lochner Era in the 1930s. They point to the Supreme Court’s majority opinion in Dobbs v. Jackson Women’s Health Organization, which departs from public opinion on abortion and longstanding constitutional precedence. Dobbs, however, is not an outlier. The Supreme Court made a similar move in Oklahoma v. Castro-Huerta. The majority opinion questioned almost 200 years of constitutional interpretation and several decades of congressional policy to enable state governments to exercise criminal authority over non-Indians in Indian Country. This article compares the majority opinion in Castro-Huerta to congressional policy to explore the democratic and constitutional difficulties that can arise when the Supreme Court refuses to defer to Congress—the democratically elected and constitutionally appointed institution for making federal Indian policy. It reveals how the Court’s undemocratic turn extends beyond cases involving individual rights.