cert petition – Page 56

United States v. New York: Government Cert Petition in Oneida Indian Nation Land Claims

May 20, 2011May 21, 2011Matthew L.M. Fletcher

Here is the petition:

Here is the question presented:

The Trade and Intercourse Act of 1793 (also known as the Nonintercourse Act) stated in relevant part that “no purchase or grant of lands, or of any title or claim thereto, from any Indians or nation or tribe of Indians, within the bounds of the United States, shall be of any validity in law or equity, unless the same be made by a treaty or convention entered into pursuant to the constitution.” Ch. 19, § 8, 1 Stat. 330. The question presented is as follows:

Whether the United States may be barred from enforcing the Nonintercourse Act against a State that repeatedly purchased and resold (at a substantial profit) Indian lands in violation of the Act between 1795 and 1846, based on the passage of time and the transfer of the unlawfully obtained Indian lands into the hands of third parties, when the United States seeks monetary relief only against the State.

Supreme Court Denies Cert in Doe v. Kamehameha Schools (Identity of Plaintiffs)

May 16, 2011Matthew L.M. Fletcher

Here is the order list (docket no. 10-1100).

The cert stage briefs:

Doe Cert Petition

Kamehameha Schools Cert Opp

Doe Cert Stage Reply

Lower court materials here.

Reed v. Gutierrez Cert Petition

May 16, 2011May 15, 2011Matthew L.M. Fletcher2 Comments

Here:

Reed v Gutierrez Cert Petition

Lower court materials here.

Questions presented:

I. Should the doctrine of tribal sovereign immunity be abrogated?

II. Even if the doctrine of tribal sovereign immunity should not be abrogated, should it bar claims against Indian tribes or their employees for their off-reservation torts?

Salt River Project v. Arizona Cert Petition

May 15, 2011Matthew L.M. Fletcher

Here:

Salt River Project v. Arizona Cert Petition

Question presented:

Where the United States has, prior to statehood and pursuant to the 1902 Reclamation Act, undertaken to dam and divert substantially the entire annual flows of a river to *ii provide water for federal Reclamation purposes, must a court applying the federal test of “navigability” for determining a new state’s “equal footing” title take into consideration the impacts of those federal actions on the condition of the river at statehood?