Rebecca Nagle Repudiating Oklahoma’s Factual Claims in McGirt/Murphy

Matthew L.M. Fletcher

Here is “Oklahoma’s Suspect Argument in Front of the Supreme Court — The state claims that affirming a reservation in eastern Oklahoma could lead to thousands of state criminal convictions being thrown out. But that argument doesn’t seem to be based on facts” from the Atlantic.

The briefs are here.

Civil Rights Suit against Mille Lacs Ojibwe Police Dismissed

Matthew L.M. Fletcher

Here are the materials in Gilliam v. Roach (D. Minn.):

1 Complaint

17 Motion to Dismiss

22 Response

26 Reply

28 Magistrate Report

32 DCT Order

Bloomberg News Profile of McGirt Argument

Matthew L.M. Fletcher

Here is “Gorsuch Gets Moment as Decider in Case Evoking Trail of Tears.”

The briefs are here.

Split Washington SCT Holds Title Insurance Co. Must Defend Non-Indian Property Owners from Indian Treaty Rights Claims

Matthew L.M. Fletcher

Here are the materials in Robbins v. Mason County Title Insurance Co.:

Opinion

Mason County Title Opening Brief [COA]

Robbins Opening Brief [COA]

Robbins Reply Brief [COA]

Mason County Title Petition for Review

Robbins Answer to Petition for Review

Mason County Title Supplemental Brief

Update in Agua Caliente v. Mnuchin

Matthew L.M. Fletcher

Here are updated materials in Agua Caliente Band of Cahuilla Indians v. Mnuchin (D.D.C.):

26 US Opposition

26-1 Exhibit

27 Reply

Prior post here.

 

Ninth Circuit Materials in Crow Indian Tribe v. United States [Grizzly Bear Delisting]

Matthew L.M. Fletcher

Here:

Federal Opening Brief

Humane Society Opening Brief

Idaho Opening Brief

Montana Opening Brief

Safari Club Opening Brief

Sportsmen’s Alliance Opening Brief

Wyoming Farm Bureau Opening Brief

Wyoming Opening Brief

Crow Answer Brief

Northern Cheyenne Tribe Answer Brief

Wildearth Guardians Answer Brief

Alliance for the Wild Rockies Answer Brief

Federal Reply

Idaho Reply

Montana Reply Brief

Safari Club Reply

Sportsmen’s Alliance Reply

Wyoming Farm Bureau Reply

Wyoming Reply

Lower court materials here.

National Indian Law Library Bulletin (5/6/2020)

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/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html
Pasaye v. State of Nevada (Religious Land Use and Institutionalized Persons Act)
Mashpee Wampanoag Tribe v. Bernhardt (Recognition; Reservation Disestablishment)
Holtz v. Oneida Airport Hotel Corporation (Indian Civil Rights Act; Americans With Disabilities Act)
Fort Sill Apache Tribe v. National Indian Gaming Commission (Indian Gaming Regulatory Act; Administrative Procedure Act)
Eastern Band of Cherokee Indians v. Department of the Interior (Trust Land Acquisition)

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

  • Indigenous resilience.
  • Building adaptive capacity in tribal communities of the Missouri River Basin to manage drought and climate extremes: A case study from the Wind River Indian Reservation.

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

  • S.3608 – A bill to amend the CARES Act to provide flexibility in use of funds by States, Indian Tribes, and municipalities.
  • H.R.6700 – To authorize the Administrator of the Federal Emergency Management Agency to approve State, local, and Indian tribal government plans to partner with small and mid-size restaurants and nonprofit organizations to provide nutritious meals to individuals in need, to waive certain matching fund requirements, and for other purposes.

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

  • U.S. Treasury to begin distributing virus relief money to tribes
  • 2010 census changed voting maps in San Juan Country, but fears of an undercount loom
  • Now, more than ever, we need tribes at the water negotiating table
  • Uniting online for missing Native women, girls
  • How Minnesotans can address homelessness among the state’s American Indians
  • For some Native college students, online classes could be a dealbreaker
  • Cafe brings Indigenous ‘comfort food’ to elders
  • Indigenous studies requirement is a ‘no brainer’
  • ‘We are a forgotten people’: Native candidate struggles to be heard amid COVID-19 pandemic
  • Court upholds death penalty for Navajo man on U.S. death row
  • Chuck Hoskin: Even during social distancing, Cherokee culture connects us

Recent American Indian Law Scholarship

Matthew L.M. Fletcher

Michalyn Steele, Indigenous Resilience, Arizona Law Review

Christine Zuni Cruz, The Indigenous Decade in Review, SMU Law Review Forum

Samuel Lazerwitz, Note, Sovereignty-Affirming Subdelegations: Recognizing the Executive’s Ability to Delegate Authority and Affirm Inherent Tribal Powers, Stanford Law Review

Jessica L. Garcia, Historical Trauma and American Indian/Alaska Native Youth Mental Health Development and Delinquency (PDF)

Kenneth N. Hansen, Uncivil Rights: The Abuse of Tribal Sovereignty and the Termination of American Indian Tribal Citizenship, IAFOR Journal of Cultural Studies

Milan Kumar, American Indians and the Right to Vote: Why the Courts Are Not Enough, Boston College Law Review

Doug Kiel, Nation v. Municipality: Indigenous Land Recovery, Settler Resentment, and Taxation on the Oneida Reservation, NAIS: Native American and Indigenous Studies

Kent McNeil, The Louisiana Purchase: Indian and American Sovereignty in the Missouri Watershed, Western Historical Quarterly

Robert Miller, American Indian Sovereignty versus the United States, The Routledge Handbook of Critical Indigenous Studies

News Profile of Cindi and Ed John [GTB Fishers]

Matthew L.M. Fletcher

Here is “Tribal fishers left waiting for federal aid,” from the Traverse City Record-Eagle.

Democracy Now: “Navajo Nation Suffers Third-Highest COVID-19 Infection Rate in U.S. with Limited Healthcare & Water”

Matthew L.M. Fletcher

Here.