Split Tenth Circuit Rules in Ute Indian Tribe v. Lawrence

Matthew L.M. Fletcher

Here. An excerpt describing the holding:

This appeal marks the latest chapter in a long-running contract dispute between the Ute Indian Tribe of the Uintah and Ouray Reservation (the Tribe) and Lynn Becker, a non-Indian. The contract concerned Becker’s work marketing and developing the Tribe’s mineral resources on the Ute reservation. Almost seven years ago, Becker sued the Tribe in Utah state court for allegedly breaching the contract by failing to pay him a percentage of certain revenue the Tribe received from its mineral holdings. Later, the Tribe filed this lawsuit, challenging the state court’s subject matter jurisdiction under federal law. The district court denied the Tribe’s motion for a preliminary injunction against the state-court proceedings, and the Tribe appeals.
We reverse and hold that the Tribe is entitled to injunctive relief. The district court’s factual findings establish that Becker’s state-court claims arose on the reservation because no substantial part of the conduct supporting them occurred elsewhere. And because the claims arose on the reservation, the state court lacks subject-matter jurisdiction absent congressional authorization.

Briefs here.

Claremont Graduate University American Indian Education Program

gabrielagendreau

Claremont Native American Fellowship Program – School of Educational Studies

Applications being accepted now for a cohort starting in August 2022

Full funding & living support for Native Americans to earn their California K-12 teaching credential & MA in Education in as little as 12 months.

Post-graduation mentorship while CNA Fellow is meeting payback obligation by teaching in a school that serves a high population of Indian students.

Core online program works in conjunction with hands-on learning while CNA Fellow works in a school under guidance of a mentor teacher. Program can be completed from one’s home community.

See CNA Fellowship Program’s website or contact Melanie.Kerr@cgu.edu for more information.

Yakama Nation Brings Cultural Appropriation Suit against Wine Sellers

Matthew L.M. Fletcher

Here is the complaint in Yakama Nation Tribal Council v. Sheridan Vineyard (E.D. Wash.):

1 Complaint

Ninth Circuit Briefs in San Carlos Apache Tribe v. Beccera

Matthew L.M. Fletcher

Here:

San Carlos Apache Opening Brief

Tribal Amicus Brief

US Answer Brief

Reply

Lower court materials here.

Ninth Circuit Briefs in Swinomish v. Lummi [US v. Washington subproceeding 19-01]

Matthew L.M. Fletcher

Here:

Lummi Opening Brief

Lower court materials here.

The dispute involves waters somewhere in . . . here:

Answer Briefs here:

Swinomish Answer Brief.pdfDownload
Tulalip Answer Brief.pdfDownload
Upper Skagit Answer Brief.pdfDownload

Ninth Circuit Briefs in Grondal v. United States [21-35507]

Matthew L.M. Fletcher

Here:

Wapato Heritage Opening Brief

Federal Answer Brief

Colville Answer Brief

Wapato Reply

Related decision [20-35694] from the CA9 here.

Oklahoma Federal Court Declines to Suppress Gun Evidence Obtained by Tribal Police at Comanche Casino

Matthew L.M. Fletcher

Here are the relevant materials in United States v. Portillo (W.D. Okla.):

1 Indictment

27 Motion to Suppress

29 Opposition

33 DCT Order

Wisconsin Law School’s Hastie Program — Applications Due 2/1/22

Matthew L.M. Fletcher

Highly recommended!

The University of Wisconsin Law School invites applications for its William H. Hastie Fellowship Program. For over 40 years, the Hastie Fellowship has provided aspiring scholars an outstanding opportunity to prepare for a career in law teaching.  Hastie Fellows have succeeded at securing tenure-track positions at law schools throughout the country, including Columbia, UCLA, Indiana, Colorado, ASU, Texas A&M, Ohio State, UNC, Washington & Lee, UC Irvine, and USC. The Fellowship reflects a commitment to diversity and inclusion in the legal profession and especially encourages applications from candidates of color and other underrepresented communities in the legal academy. Hastie Fellows devote the majority of their time to their own research agenda, researching and writing scholarly articles with support from a faculty advisor and the Hastie Fellowship Committee. Fellows also have the option of teaching a course or seminar during the program. The Hastie Fellowship Program encourages scholarship in the full range of law studies. Wisconsin has a particularly strong tradition supporting interdisciplinary work.

For further information, please visit https://law.wisc.edu/grad/hastie/index.html. Applications are due February 1, 2021.

Prior Native Hastie fellows now teaching in law schools (clockwise from upper left, Stacy Leeds, Richard Monette, and Mike Oeser).

Earthjustice Law Student Opportunity

gabrielagendreau

Spring 2022 Legal Externship / Volunteer Opportunity – Drinking Water. Remote. Under the supervision of an attorney. Duties include: (1) Working in the development and prosecution of litigation and other advocacy; (2) Assisting in case investigation, including factual and legal research; and (3) Preparation of memoranda, briefs, and other legal documents for administrative and judicial proceedings. Interested candidates should submit the following materials: One-page cover letter (see position description for specifications), Resume, Unofficial law school transcript, Writing sample (preferably a legal memorandum less than ten pages that primarily reflects your work), and a List of references including at least one law professor or legal employer. Incomplete applications will not be considered. Applications will be accepted until January 5th, 2022.

Haaland v. Brackeen [ICWA] Cert Stage Briefing Completed

Kate Fort

All the briefs are here. The Court will first consider the case at this Friday’s conference (1/7).