Merits brief on behalf of the intervening tribes–Cherokee Nation, Oneida Nation, Quinault Indian Nation, Morongo Band of Mission Indians, Navajo Nation–in the Haaland v. Brackeen Supreme Court case.
Pace yourself–she’s a long one.
Getches, Wilkinson, Williams, Fletcher, Carpenter, and Singel Federal Indian Law Casebook 2022-23 Update
We delighted that Wenona Singel has joined us this year. Guess it’s time to get cracking on the eighth edition. . . .
Sherally Munshi on Dispossession and American Property
Sherally Munshi has published “Dispossession: An American Property Law Tradition” in the Georgetown Law Journal.
The abstract:
Universities and law schools have begun to purge the symbols of conquest and slavery from their crests and campuses, but they have yet to come to terms with their role in reproducing the material and ideological conditions of settler colonialism and racial capitalism. This Article considers the role the property law tradition has played in shaping and legitimizing regimes of racialized dispossession past and present. It intervenes in the traditional presentation of property law by arguing that dis-possession describes an ongoing but disavowed function of property law. As a counter-narrative and critique of property, dispossession is a useful concept for challenging existing property arrangements, often rationalized within liberal and legal discourse.
Interesting. Looks to be expanding on K-Sue Park’s work.
Deadline to Sign on to SCOTUS Tribal Amicus Brief, Haaland v. Brackeen
Deadline is August 15 at 12pm EASTERN. If you are SIGNING ON for a tribe, email dougherty@narf.org.
If you want to know if a tribe has signed on or need a copy of the brief, feel free to harass me at fort@msu.edu.
From NARF:
Tribes – show your support for the Indian Child Welfare Act (ICWA)! All federally recognized Tribes are invited to sign on to the Haaland v. Brackeen Tribal Amicus Brief in a show of unity and support for ICWA, Native children, and Native families.
There is no cost to join this brief and over 260 Tribes have already signed on.
Tribal Nations interested in signing the brief must do so no later than next Monday, August 15, 2022. If your Tribe would like to add its name to the brief, please reach out to NARF Senior Staff Attorney Erin Dougherty Lynch at dougherty@narf.org as soon as possible.
Please note that if your Tribe signed on to a previous brief when this case was before the Fifth Circuit, you will NOT be automatically added to this Tribal Amicus Brief―NARF still needs is an affirmative statement that your Tribal Nation would like to join the brief.
Again, please email Erin Dougherty Lynch at dougherty@narf.org to sign on to the brief. If you would like a copy of the brief or have questions about whether your Tribe has already signed on to the brief, please email fort@msu.edu.
Montana Federal Court Allows Tribal Members’ Race Discrimination Complaint against Telephone Coop to Proceed
Here are the materials in Barnes v. 3 River Telephone Cooperative, Inc. (D. Mont.):
Ninth Circuit Orders Chickasaw Nation to Arbitration with Pharmacy Benefits Manager
D.C. Circuit Rejects Oglala Sioux Tribe Challenge to Uranium Mine
D.C. Circuit Rejects Oglala Sioux Tribe Challenge to Uranium Mine
Peggy Fontenot [represented by Pacific Legal Foundation] Challenge to Missouri American Indian Arts and Crafts Act Dismissed
Here are the materials in Fontenot v. Schmitt (W.D. Mo.):
Ninth Circuit Briefs in Alturas Indian Rancheria v. Haaland
Here:
Here are the district court materials:
31 [minute order dismissing case]
Turtle Talk 
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