Eighth Circuit

Does the Bracker test currently serve as a consistent and predictable rule of law in light of the exponential expansion of Indian gaming since 1988 and the fiscal demands the industry now places on state budgets?

Lower court materials here.

Eighth Circuit Briefs in City of Council Bluffs v. Dept. of Interior

February 17, 2020Matthew L.M. Fletcher

Here:

Appellants Brief

Addendum

Federal Appellee Brief

Ponca Tribe Amicus Brief

Lower court materials here.

Eighth Circuit Decides Enerplus Resources (USA) Corporation v. Wilkinson II

January 14, 2020Matthew L.M. Fletcher

Here is the unpublished opinion.

Briefs:

Appellant Brief

Appellee Brief

Prior posts here.

OSHA Petition for Review of Decision re: Red Lake Nation Fisheries [Eighth Circuit]

November 7, 2019May 27, 2020Matthew L.M. Fletcher

Here is the petition:

OSHA Petition + ALJ Decision

Here are the briefs:

Turtle Talk

Eighth Circuit Affirms Major Crimes Act Arson Conviction Arising at Pine Ridge

Eighth Circuit Affirms Sentence in Murder Case

Eighth Circuit Briefs in Gilbert v. Weahkee [IHS Contract]

Eighth Circuit Affirms Murder Conviction [Pine Ridge]

SCOTUS Denies Cert in Noem v. Flandreau Santee Sioux Tax Case

Eighth Circuit Affirms Conviction of Serial Indian Country D.V. Offender

South Dakota Cert Petition in IGRA Preemption Case [updated with cert stage materials]

Eighth Circuit Briefs in City of Council Bluffs v. Dept. of Interior

Eighth Circuit Decides Enerplus Resources (USA) Corporation v. Wilkinson II

OSHA Petition for Review of Decision re: Red Lake Nation Fisheries [Eighth Circuit]

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