Turtle Talk

Washington State American Indian Health Commission COVID 19 Resources

March 20, 2020Matthew L.M. Fletcher

Best material we’ve seen from Indian country so far. Here.

Cert Petition by Convicted RICO Defendant in Payday Lending Scheme Invoking Tribal Immunity

March 20, 2020Matthew L.M. Fletcher

Here is the petition in Neff v. United States:

neff-cert-petition.pdf

us-waiver-letter.pdf

Questions presented:

1. Does a misrepresentation about the true identity of the owner of a business during settlement negotiations to resolve a civil lawsuit constitute a scheme to defraud the litigant of money or property in violation of the mail and wire fraud statutes?

2. Is the doctrine of tribal sovereign immunity wholly inapplicable in a circumstance where payday loans are made by a Native American tribe in affiliation with an entity acting as an “arm of the tribe” where such loans are made at interest rates in excess of state regulations, thus rendering the loans ipso facto unlawful debts in violation of the RICO statute?

3. Does the government have to prove willfulness to establish a RICO conspiracy to collect an unlawful debt?

Lower court materials here.

Cert Petition by Western Ranchers and Farmers Challenging Reserved Water Rights [updated]

March 20, 2020May 18, 2020Matthew L.M. Fletcher

Here is the petition in Bales v. United States:

baley-cert-petition.pdf

Question presented:

Whether, against the legal backdrop of Congress’s and this Court’s recognition of the primacy of state law to determine, quantify, and administer water rights, a federal court may deem federal agency regulatory action under the Endangered Species Act to constitute the adjudication and administration of water rights for tribal purposes.

Lower court materials here.

Update:

05142020-1 PacificCoastFedFishermen Opposition Brief

OpposBriefUSA-20200514173954985_19-1134 Baley

National Indian Law Library Bulletin (3/19/2020)

March 19, 2020Matthew 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
Jackson v. United States (Fee to Trust)
Bowman v. New York State Housing and Community Renewal (Title VII; Discrimination)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2020.html
In the Matter of K.G. (Indian Child Welfare Act)

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

H.R. 6237 – To amend the Indian Health Care Improvement Act to clarify the requirement of the Department of Veterans Affairs and the Department of Defense to reimburse the Indian Health Servie for certain health care services.
H.R. 6261 – To provide for coverage of testing for COVID-19 at no cost sharing for Indians receiving health services through Indian Health Service, 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

How the New Deal became a raw deal for Indian nations: Justice Stanley Reed and the Tee-Hit-Ton decision on Indian title.
Keeping cultural bias out of the courtroom: How ICWA “qualified expert witnesses” make a difference.
United States v. Bryant: The results of upholding women’s rights and tribal sovereignty.
What are the odds? The potential for tribal control of sports gambling after Murphy v. NCAA.
Thickening the thin blue line in Indian country: Affirming tribal authority to arrest non-Indians.

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

Dakota Access Pipeline case to be argued today in D.C.
Indian Health Service can give COVID-19 tests, $40M allocated to tribes
Tribes, voting rights groups challenge Montana ballot drop off law
‘Indigenous Matriarchs Rising’ celebrates Women’s History Month
Tribal sovereignty should not be held hostage by Washington politics
Opponents of proposed copper mine speak out about threat to Oak Flat
‘We’re going to practice our sovereign rights’: Oglala Sioux Tribe enters new era with cannabis vote
COVID-19 resources for Indian tribes
Reunification for healing: First of its kind