Turtle Talk

Marking the 200^th commemoration of the Treaty of Saginaw, MSU’s American Indian and Indigenous Studies Program, Indigenous Law and Policy Center, and Native American Institute invite proposals for Edweying Naabing // Looking at the Past and Present Symposium.

All are welcome to submit proposals and can refer to the list of possible topics for presentation ideas.

Those interested should submit a 250-word proposal and 100-word biography to indigenous@law.msu.edu by May 30, 2019.

About the Symposium: The inaugural symposium addresses the history of the Treaty 1819 and its ongoing effects for Indigenous-settler relationships at Land-Grant institutions, such as MSU. More generally, this conference focuses on Indigenous histories, presence, and futures on Anishinaabewaki and across Turtle Island.

The event is free and open to the public. Youth are highly encouraged to attend, especially those interested in becoming familiar with opportunities at MSU.

Amended Complaint in Keystone XL Challenge

April 24, 2019April 24, 2019Matthew L.M. Fletcher

Here is the pleading in Rosebud Sioux Tribe v. Trump (D. Mont.):

Doc. 51-1 Proposed Amended Complaint

Unkechaug Nation Fishing Rights Case Survives Motion to Dismiss

April 24, 2019April 24, 2019Matthew L.M. Fletcher

Here are the materials in Unkechaug Indian Nation v. New York State Dept. of Environmental Conservation (E.D. N.Y.):

1 Complaint

27 Unkechaug Opposition to 28

28-1 NY Motion to Dismiss

29 Reply

38 DCT Order

Second Circuit Affirms in Gingras v. Think Finance Inc. [Chippewa Cree Lending]

April 24, 2019Matthew L.M. Fletcher

Here is the opinion:

CA2 Opinion

From the court syllabus:

Plaintiffs Jessica Gingras and Angela C. Given borrowed money from Plain Green, LLC, an online lending operation owned by the Chippewa Cree Tribe of the Rocky Boy’s Indian Reservation in Montana. The terms of their loan agreements provide for interest rates well in excess of caps imposed by Vermont law. Gingras and Given sued, alleging violations of Vermont and federal law. They seek an injunction against tribal officers in charge of Plain Green and an award of money damages against other Defendants.

Some Defendants moved to dismiss, arguing that tribal sovereign immunity barred the suit. All Defendants moved to compel arbitration under the terms of the agreements. The district court (Geoffrey W. Crawford, Judge) denied both motions. We hold that tribal sovereign immunity does not bar this suit because Plaintiffs may sue tribal officers under a theory analogous to Ex parte Young for prospective, injunctive relief based on violations of state and substantive federal law occurring off of tribal lands. We further hold that the arbitration clauses of the loan agreements are unenforceable and unconscionable.

Briefs and link to lower court materials here.

Cedar Band Paiutes Sue HUD over New Mortgage Guidance that Destroyed Its Business

April 24, 2019April 24, 2019Matthew L.M. Fletcher

Here are the materials in Cedar Band of Paiutes v. Department of Housing and Urban Development (D. Utah):

Ninth Circuit Panel Grants Rehearing in Knighton v. Cedarville Rancheria

April 24, 2019Matthew L.M. Fletcher

Maybe this is nothing, but this is a little bit WEIRD . . . in that the Ninth Circuit’s opinions webpage links to an order granting rehearing (here) but there was no response brief docketed AND there is nothing on the court’s docket sheet indicating the petition was granted.

Here is the petition BTW:

Knighton Petition for Rehearing

Panel materials here.

National Council of Urban Indian Health 2d Annual Conference

April 23, 2019April 23, 2019Matthew L.M. Fletcher

I am delighted to be presenting a keynote speech titled “Race, Politics, and the Constitution” today for the National Council of Urban Indian Health (PR here). Francys Crevier (PLSI 2010), my former student, is the Executive Director of the organization.

My talk will take the theme of my forthcoming paper “Politics, Indian Law, and the Constitution” and apply those principles to demonstrate that the Indian Health Service owes a trust duty to urban Indians and related matters.

Those who know me best know Turtle Talk was inspired by the newsletter put out by the Grand Rapids Inter-Tribal Council. My mother worked there when I was a Benodjehn.