cert petition – Page 43

The Ninth Circuit agreed with the district court’s findings that at the time of first contact with Europeans, the Chugach were a culturally, ethnically and linguistically related people who had made actual and continuous use and occupancy of an area of the Outer Continental Shelf for a long time. The courts also agreed there was no evidence that others used the area, except for the periphery. Based on these showings by the Chugach, did the Ninth Circuit err in concluding that the exclusive use required to establish aboriginal title was defeated by a failure to demonstrate an ability to expel a hypothetical invader, by other groups’ use of the periphery of the Chugach territory, and by the fact that the Chugach villages were politically independent?

Lower court materials here.

Shinnecock Member Files Cert Petition Challenging Conviction for Improper Shellfish Tags

November 28, 2012Matthew L.M. Fletcher

Here is the petition in Smith v. People of the State of New York:

Smith v New York Cert Petition

The question presented:

Whether the statutory bar restricting removal jurisdiction is a separate and distinct removal jurisdiction, and a waivable procedural defect, by the failure to file a motion to remand with the 30 day statutory time limitation provided in 28 U.S.C. § 1447(c)?

Supreme Court Denies Cert in Dram Shop Immunity Action Involving Miccosukee Tribe

November 26, 2012Matthew L.M. Fletcher1 Comment

The order list is here (the reference to Furry is on page 4).

The Furry materials are here.

Furry v. Miccosukee Tribe a “Petition to Watch” in Tomorrow’s Conference

November 19, 2012Matthew L.M. Fletcher2 Comments

Here. Too bad we can’t actually watch the Conference at work.

Briefs here.

Madison County v. Oneida Indian Nation Cert Petition

November 16, 2012Matthew L.M. Fletcher

As expected, Madison and Oneida Counties filed a cert petition over the Second Circuit’s affirmation of the Oneida reservation boundaries. Here:

11-12-12 Madison v. NY Oneida Cert Petition

Question presented:

Does the 300,000-acre ancient Oneida reservation in New York still exist, neither disestablished nor diminished, despite (1) the federal government’s actions taken in furtherance of disestablishment (including, but not limited to, the 1838 Treaty of Buffalo Creek); (2) this Court’s holding in City of Sherrill v. Oneida Indian Nation of New York, 544 U.S. 197, 214 (2005) (“Sherrill”) that the Oneida Indian Nation of New York cannot exercise sovereignty over lands it purchases in the ancient reservation area; and (3) this Court’s finding in that case that land in the ancient reservation area has not been treated as an Indian reservation by the federal, state or local governments for nearly two centuries?

Lower court materials here.

Miccosukee Tribe Brief in Opposition to Furry Cert Petition (Tribal Immunity and State Law Dram Shop Actions)

November 12, 2012Matthew L.M. Fletcher

Here:

Miccosukee Cert Opp

The petition and links to lower court materials here.

Harvest Institute Freedmen Cert Petition (Challenge to Cobell Settlement)

October 31, 2012Matthew L.M. Fletcher

Here is the petition in Harvest Freedmen Institute v. United States:

Harvest Inst. Freedmen Cert Petition

Lower court materials here.

Guardian ad Litem Brief in Support of Cert Petition in Adoptive Couple v. Baby Girl

October 25, 2012Matthew L.M. Fletcher1 Comment

Here:

GAL Brief in Support of Petition

A direct challenge to the constitutionality of the Indian Child Welfare Act, filed by Paul Clement. No circuit split, no split of authority in the state courts, arguments never raised below — an emotional plea to an unemotional Court.