ASU Law Program on McGirt

Matthew L.M. Fletcher

Here:

The most significant Indian Law case of the century: McGirt v. Oklahoma

Thursday, July 23, 2020

1 p.m. PT

The Indian Legal Program at the Sandra Day O’Connor College of Law at Arizona State University is pleased to have the following distinguished panelist discuss the recent McGirt Decision.

  • Professor Larry Roberts (Oneida) – Moderator, Executive Director of the Indian Gaming and Tribal Self-Governance Program and Professor of Practice at the Sandra Day O’Connor College of Law
  • Stacy Leeds (Cherokee) – Vice Chancellor for Economic Development, Dean Emeritus and Professor of Law at the University of Arkansas
  • Professor Robert Miller (Eastern Shawnee) – Faculty Director, Rosette LLP American Indian Economic Development Program and Pedrick Distinguished Research Scholar at the Sandra Day O’Connor College of Law
  • Jonodev Chaudhuri (Muscogee Creek Nation) – Ambassador, Muscogee Creek Nation, Partner, Quarles & Brady
  • Derrick Beetso (’10) (Navajo) – General Counsel, National Congress of American Indian

This webinar is free and open to the public. We wish to acknowledge our co-sponsor NABA-AZ. The State Bar of Arizona does not approve CLE activities, however, this activity may qualify for up to 1.5 credit hours.

Register at: https://asu.zoom.us/webinar/register/WN_cabJLUg2So2KbGCsYKUeTQ?fbclid=IwAR33AYLZGnBiaE6Gcl-xu4bLIvZIoNHi_k-Fbb6cqI-B68NjX4YMcAF_jAY

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Univ. of Washington 33rd Annual Indian Law Symposium – Save the Date

Matthew L.M. Fletcher

Here (PDF):

33rd ILS Fall Save the Dates Final.07.13.2020_Page_1 Continue reading →

N.Y. Supreme Court Dismisses Cayuga Nation Defamation Suit re: “Billions” T.V. Show

Matthew L.M. Fletcher

Here is the order in Cayuga Nation v. Showtime Networks Inc. (N.Y. Sup. Ct.):

Opinion

Briefs:

Motion to Dismiss

Opposition

Reply

Here is the Native America Calling show where Fletcher discussed the suit when it was filed.

We posted the complaint here.

Federal Court Dismisses Challenge to Tribal TERO Order

Matthew L.M. Fletcher

Here are the materials in Hanson v. Parisien (D.N.D.):

1 Complaint

1-1 Tribal Court Order

1-2 Tribal Appellate Court Order

16-1 Motion to Dismiss

18 Response

19 Reply

20 DCT Order

Federal Suit Launched against State Jurisdiction in Oklahoma Post-McGirt

Matthew L.M. Fletcher

Here is the complaint in Pickup v. District Court of Nowata County (N.D. Okla.):

2 Complaint

National Indian Law Library Bulletin (7/15/2020)

Matthew L.M. Fletcher

Here:

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2019-2020update.html
One case was decided on 7/9/20:
McGirt v. Oklahoma (Criminal Jurisdiction)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html

  • Williams v. Medley Opportunity Fund II, LP (Tribal Sovereign Lending)
  • Crow Indian Tribe v. United States (Endangered Species Act; Yellowstone Grizzlies)
  • Dossett v. Ho-Chunk, Inc. (Sovereign Immunity)
  • Shopbell v. Washington State Department of Fish and Wildlife (Treaty Rights)
  • Grondal v. Mill Bay Members Association, Inc. (Indian Allotment)
  • Poarch Band of Creek Indians v. Amneal Pharmaceuticals, LLC (Opioid Manufacturing)

U.S. Legislation – 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html

  • H.R.7557 – To amend title VI of the Social Security Act to extend the coverage of Coronavirus Relief Fund payments to Tribal Governments.
  • H.R.7565 – To authorize the Seminole Tribe of Florida to lease or transfer certain land, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2020.html

  • Chipping away at the public trust doctrine: Mauna Kea and the degradation principle.
  • When the Navajo Generating Station closes, where does the water go?
  • An odd way to read a preemption statute: The Atomic Energy Act, Virginia Uranium, and the Diné Natural Resource Protection Act.
  • Redefining tribal sovereignty for the era of fundamental rights.
  • “You’re in apple land but you are a lemon”: Connection, collaboration, and division in early ’70s Indian Country.
  • Herrera v. Wyoming: The Supreme Court’s most recent attempt to balance tribal rights, state power, and conservation efforts.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • Court blocks Montana law that restricts voting rights of Native Americans
  • The McGirt case is a historic win for tribes
  • Q&A: What does McGirt ruling mean?
  • How the ‘only family’ argument is used against Indigenous families
  • Black Lives Matter for Freedman Descendants of the Five Civilized Tribes
  • Pandemic complicates tribes’ quest for data sovereignty
  • Indigenous groups launch first national $1 million direct cash program for Native Americans during COVID-19 pandemic
  • State Supreme Court vacates racist 1916 ruling in Yakama fishing rights case
  • Ninth Circuit rules to restore protections for Yellowstone grizzlies

Indiana COA Affirms Drug Conviction of Non-Indian on Tribal Lands

Matthew L.M. Fletcher

Here are the materials in Riggle v. State of Indiana:

Appellant Brief

Appellee Brief

Sentencing Order

Opinion

David Heska Wanbli Weiden: “This 19th-Century Law Helps Shape Criminal Justice in Indian Country”

Matthew L.M. Fletcher

From the NYTs, here.

Eighth Circuit Briefs in Gilbert v. Weahkee [IHS Contract]

Matthew L.M. Fletcher

Here:

Gilbert Brief

Federal Answer Brief

Lower court materials here.