Comanche Effort to Shut Down Chickasaw Casino Fails for Now

Matthew L.M. Fletcher

Here are the materials in Comanche Nation of Oklahoma v. Zinke  (W.D. Okla.):

13-1 Motion for PI

20 Response

26 Reply

33 DCT Order

Federal Court Denies Reconsideration Motion; Plaintiff “Nooksack Tribe” Still Lacks Standing

Matthew L.M. Fletcher

Here are the new materials in Nooksack Indian Tribe v. Zinke (W.D. Wash.):

45 Plaintiff’s Motion for Reconsideration of Order Granting Motion to Dismiss

47 Federal Defendants’ Memorandum of Points and Authorities in Opposition to Motion for Reconsideration

48 Plaintiff’s Reply in Support of Motion for Reconsideration of Order Granting Motion to Dismiss

54 Joint Status Report

55 Minute Order Lifting Stay

56 Order On Plaintiff’s Motion for Reconsideration

OVW & NIJ are seeking nominations for the VAWA 904 Research Task Force

Matthew L.M. Fletcher

Here:

904_task_force_nomination_letter

WaPo: “Trump appointee to Bureau of Indian Affairs resigns after Interior’s IG slams the loan program he oversaw”

Matthew L.M. Fletcher

Here.

ProPublica: “Your $20 Million Loan Went Bust? The Trump Team Has a Job For You”

Matthew L.M. Fletcher

Here. An excerpt:

The IG report concluded that the loan guarantee “departed from” department guidelines but didn’t find any criminal violations. A federal grand jury investigated the episode, according to a spokeswoman for the IG, but did not hand up any indictments.

Still, the fiasco generated criticism both inside the tribe, according to the IG’s report, and outside. Said Arvind Ganesan, the director of Human Rights Watch’s Business and Human Rights Division, who researched the deal as part of a broader report on the Lower Brule Sioux: “It’s pretty disturbing that he’s now in charge of a department that’s being sued over a deal that he arranged and that went so badly.“

Link to Human Rights Watch report on the Lower Brule Sioux issues here.

Link to OIG report here.

Eighth Circuit Rejects Effort to Enjoin Police Use of Dangerous Weapons at Standing Rock

Matthew L.M. Fletcher

Here is the unpublished opinion in Dundon v. Kirchmeier.

Briefs:

Appellant Brief

ACLU Amicus Brief

Appellee Brief

Reply Brief

Oral Argument Video in Casino Pauma v. NLRB

Matthew L.M. Fletcher

Here.

Briefs here.

Interior Office of Inspector General Criticizes Indian Affairs Loan Guarantee Program

Matthew L.M. Fletcher2 Comments

Here.

Montana SCT Affirms Constitutionality of CSKT Water Rights Compact

Matthew L.M. Fletcher

Here is the opinion in Flathead Joint Board of Control v. State.

Briefs:

Board brief

State brief

Tribe brief

Board reply

State reply

Fletcher Paper on States and American Indian Citizenship Rights (+ ICWA)

Matthew L.M. Fletcher

Here is “States and Their American Indian Citizens,” recently published in the American Indian Law Review.

An excerpt:

This article is intended to provide a theoretical framework for tribal advocates seeking to approach state and local governments to discuss cooperation with Indian nations, with a special emphasis on Indian child welfare. While the federal government has a special trust relationship with Indians and Indian nations, Indian people are also citizens and residents of the states in which they live. Thus, states have obligations to Indians as well.

This article posits the fairly controversial and novel position that states have obligations to guarantee equal protection to all citizens, including American Indians (and non-Indians) residing in Indian country. In other words, states have an affirmative obligation to ensure that reservation residents, Indian and non-Indian, receive the same services from states that off-reservation residents receive.