Parenting Time in Michigan during Pandemic

Kate Fort

Adding this to the Covid Child Welfare page, but this is very distressing. I’m also not sure how states are allowing co-parenting plans to continue, but denying any in person parenting time. There’s no easy answer, but this is heartbreaking.

Fifth Circuit Agains Rejects Ysleta del Sur Pueblo Gaming Effort

Matthew L.M. Fletcher

Here is the opinion in State of Texas v. Ysleta del Sur Pueblo.

Briefs:

Pueblo Brief

Alabama-Coushatta Tribe Amicus Brief

Texas Brief

Reply

Lower court materials here and here.

Interior Acquires Off-Rez Land [non-gaming] in Trust for Grand Traverse Band

Matthew L.M. Fletcher

Here.

Federal Court Reverses IBIA Decisions on Leasing Consents

Matthew L.M. Fletcher

Here are the materials in Western Refining Southwest Inc. v. Dept. of the Interior (D.N.M.):

1 Complaint

1-1 2016 IBIA Decision

1-2 2013 IBIA Decision

16 Intervenors Rule 19 Motion to Dismiss

26 Western Refinery Response

27 Reply

28 DCT Order

29 Intervenors Rule 12 Motion to Dismiss

30 Interior Response

31 Western Refinery Response

32 DCT Order

44 Western Refinery Brief

45 Interior Response Brief

46 Reply

51 DCT Order

HuffPo: “The White House Wanted To Give $0 To Tribes In The $2 Trillion Stimulus Bill”

Matthew L.M. Fletcher

Here.

Time Sensitive DOI Tribal Consultation Letter

Monica Williamson

Note: this is time sensitive with telephonic Tribal Consultations scheduled for April 2 and April 9, 2020.

DOI Tribal Consultation Letter 3.31.2020

 

Check the COVID-19 Tribal Documents page for information and resources. 

NAICJA Tribal Court/Pandemic Webinar Tomorrow

Kate Fort

Here

Topic
Administering Justice in Tribal Courts during the COVID-19 Pandemic: Rapid Response Webinar. Continuation Planning for Tribal Courts
Description
The National American Indian Court Judges Association hosts its first rapid response practice webinar to assist courts to answer some questions related to administering justice in the middle of court closures, restricted court access, and the telephonic/videoconference era. Join to discuss questions your courts should consider when closing, what your administrative orders should address, limiting access to certain cases and parties, and whether and how to move your dockets and hearings to a virtual format.
Time

Apr 2, 2020 01:00 PM in Mountain Time (US and Canada)

 

ABA Webinar Panel on COVID-19 In Indian Country

Matthew L.M. Fletcher

Here is the program’s landing page – https://www.americanbar.org/groups/crsj/events_cle/program-archive/covid-native-americans/

Here is the registration page –  https://americanbar.zoom.us/webinar/785725310

HCN Interview with Louise Erdrich

Matthew L.M. Fletcher

Here, interview conducted by Tommy Orange. Their books are available at Birchbark Books.

Federal Court Holds 1868 Treaty of Fort Laramie Imposes Duty on Federal Government to Provide Adequate Health Care at Rosebud

Matthew L.M. Fletcher

Here are the materials in Rosebud Sioux Tribe v. United States (D.S.D.):

81-ihs-motion-for-summary-jDownload
89-rosebud-motion-for-summary-jDownload
93-ihs-replyDownload
96-rosebud-replyDownload
101-dct-orderDownload

An excerpt:

As to the tribes that entered into the 1868 Treaty of Fort Laramie for the reasons discussed above, the Government’s duty—expressed at the time as furnishing “to the Indians the physician… and that such appropriations shall be made from time to time, on the estimate of the Secretary of the Interior, as will be sufficient to employ such persons”—can be interpreted under the canons of construction applicable to Indian treaties as requiring the Government to provide competent physician-led health care to the Tribe.

Prior post here.