cert petition – Page 42

Supreme Court Invites SG to Brief Michigan v. Bay Mills; Denies Contour Spa Petition

January 7, 2013January 7, 2013Matthew L.M. Fletcher

Here is the order.

The Bay Mills CVSG notice is on page 2 (we called it here), and the Contour Spa denial notice is on page 4.

SCOTUSBlog: Two Indian Law Petitions to Watch for this Week’s Conference

January 2, 2013Matthew L.M. Fletcher4 Comments

Issue: (1) Whether a non-custodial parent can invoke the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. §§ 1901-63, to block an adoption voluntarily and lawfully initiated by a non-Indian parent under state law; and (2) whether ICWA defines “parent” in 25 U.S.C. § 1903(9) to include an unwed biological father who has not complied with state law rules to attain legal status as a parent.

Michigan v. Bay Mills Indian Community

Issue: (1) Whether a federal court has jurisdiction to enjoin activity that violates the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. § 2701 et seq., but takes place outside of Indian lands; and (2) whether tribal sovereign immunity bars a state from suing in federal court to enjoin a tribe from violating IGRA outside of Indian lands.

State of New York Amicus Brief in Support of Madison County Cert Petition

December 31, 2012Matthew L.M. Fletcher

Here:

New York Amicus Brief in Support of Petition

Cert Opposition Brief in Bivens Action against BIA Officer

December 28, 2012Matthew L.M. Fletcher

Here is the cert opp in Oravec v. Cole:

Cole Cert Opp

Petition is here. I still expect a CVSG or something here.

United States Cert Opposition Brief in Equal Justice Act Petition involving Menominee Officials

December 28, 2012Matthew L.M. Fletcher1 Comment

Here is the cert opp in Pecore v. United States:

US Cert Opp [Pecore]

The petition (and my musings about this case), here. The cert opp brief lays waste to my theory.

Ward Churchill Cert Petition

December 28, 2012Matthew L.M. Fletcher1 Comment

Here is the petition in Churchill v. University of Colorado:

Churchill v Regents Cert Petition

Questions presented:

I. Does a bad faith investigation of all of a tenured professor’s writings and public speeches, undertaken by state university officials in retaliation for the exercise of constitutionally protected speech and with the stated purpose of finding grounds for termination, violate a clearly established right and create a freestanding First Amendment cause of action?

II. Should absolute, quasi-judicial immunity completely shield a state university and its board of regents’ termination decisions, even when a jury has determined that these officials fired a tenured professor in retaliation for speech protected by the First Amendment and would not have fired him but for his exercise of free speech?

Lower court materials here.