Roger Williams Law Review Symposium: An Uncomfortable Truth, Indigenous Communities and Law in New England

Matthew L.M. Fletcher

Here:

Roger Williams would have been the keynote speaker at this event.

PDF

Mohegan Women, the Mohegan Church, and the Lasting of the Mohegan Nation
Bethany R. Berger and Chloe Scherpa

PDF

An Uncomfortable Truth: Law as a Weapon of Oppression of the Indigenous Peoples of Southern New England
James D. Diamond

PDF

Uncomfortable Truths About Sovereignty and Wealth
Matthew L.M. Fletcher

PDF

Returning Home and Restoring Trust: A Legal Framework for Federally Non- Recognized Tribal Nations to Acquire Ancestral Lands in Fee Simple
Taino J. Palermo

PDF

The Continued Impact of Carcieri on the Restoration of Tribal Homelands: In New England and Beyond
Bethany Sullivan and Jennifer Turner

PDF

Colonial Legislation Affecting Indigenous Peoples of Southern New England as Organized by State
James D. Diamond

Masthead

PDF

Vol 27: No. 2 (Spring 2022)

Notes and Comments

PDF

Resisting Indigenous Erasure in Rhode Island: The Need for Compulsory Native American History in Rhode Island Schools
Whitney Saunders

High Country News on SCOTUS and Indian Law Post-Castro-Huerta Featuring Leeds, Reese, Fletcher, Berger

Matthew L.M. Fletcher

Here is “The Supreme Court’s attack on tribal sovereignty, explained” by Nick Martin.

Thurgood Marshall

New Study on Indigenous Responses to Hate Incidents

Matthew L.M. Fletcher

Here is “Indigenous legal responses to hate incidents: A Coast Salish case study.”

Sonny Assu. Amazing.

Ninth Circuit Briefs in Northwestern Band of Shoshone Indians v. State of Idaho

Matthew L.M. Fletcher

Topside briefs here:

NW Shoshone 9 cir brief.pdfDownload
US Amicus Brief.pdfDownload
Utah Amicus Brief.pdfDownload
Sacred Ground Amicus Brief.pdfDownload

Response briefs TK.

State Answer Brief.pdfDownload

Tribe Reply

Lower court materials here.

Little Soldier

Native America Calling on SCOTUS and Indian Country TODAY! Right now. . . .

Matthew L.M. Fletcher

Here.

Chief Justice Taft was a big, slovenly fat guy who made himself look like Thor up there in the pantheon.

SCOTUSBlog Opinion Analysis of Castro-Huerta

Matthew L.M. Fletcher

Here is my “In 5-4 ruling, court dramatically expands the power of states to prosecute crimes on reservations.“

Prior post with opinion here.

Anyone remember Lily Ledbetter?

SCOTUS Holds Oklahoma Has Concurrent Criminal Jurisdiction over Non-Indian on Indian Crime in Indian Country

Matthew L.M. Fletcher

Here is the opinion in Oklahoma v. Castro-Huerta.

Briefs and stuff here.

Today: Virtual VAWA Roundtable Discussion

Monica Williamson

Violence Against Women Act Round Table Discussion

June 29, 2022, 11-5:30pm ET | 10-4:30pm CT | 9-3:30pm MT | 8-2:30pm PT | 7-1:30pm AKT

Visit www.vawaroundtable.com for more information and to join

Student Scholarship on McGirt and Aboriginal Title

Matthew L.M. Fletcher

Clare Blumenthal published “‘We Hold the Government to Its Word’: How McGirt v. Oklahoma Revives Aboriginal Title” in the Yale Law Journal.

Here is the abstract:

This Note analyzes for the first time how McGirt v. Oklahoma could revive aboriginal-title land claims against the United States and create an opening for Land Back litigation. It argues that McGirt directs lower courts to enforce aboriginal title’s congressional-intent requirement strictly and renews the relevance of an overlooked case from 2015, Pueblo of Jemez v. United States. In Pueblo of Jemez, the Tenth Circuit unknowingly demonstrated how insisting on clearer proof of congressional intent to extinguish title would implement McGirt’s holding and remove the jurisdictional bars—sovereign immunity and preclusion—that have prevented aboriginal-title litigation.

Washington SCT Commissioner Grants Review of Nooksack Disenrollee Evictions

Matthew L.M. Fletcher

Here is the opinion and order in Oshiro v. Washington State Housing Finance Commission:

22-1 6-23-22 Ruling Granting Review.pdfDownload

Prior post here.