Contributors
Tag Archives: en banc
Quileute & Quinault response to request for rehearing/rehearing en banc in ocean U&A case
Here is Quileute & Quinault’s response, addressing issues such as whether the Stevens treaties must be read together, the meaning of “fish” and whether U&As are species-specific, the proper use of the canons of construction, and what we know of … Continue reading
Posted in Author: Ann Tweedy, treaty rights
Tagged 9th Circuit, en banc, fishing rights, Makah, Ocean case, Quileute, Quinault, U&A, U&A litigation, U.S. v. Washington
Federal Circuit Sitting En Banc Declares Section 2(a) of the Lanham Act Unconstitutional
Here is the opinion in In re Tam: In re Tam An excerpt: Section 2(a) of the Lanham Act bars the Patent and Trademark Office (“PTO”) from registering scandalous, immoral, or disparaging marks. 15 U.S.C. § 1052(a). The government enacted this … Continue reading
Zepeda v. United States Cert Petition
Here: Zepeda Cert Petition Questions presented: The Indian Major Crimes Act, 18 U.S.C. § 1153, makes it a federal crime for an “Indian” to commit any one of thirteen enumerated acts in “Indian country.” In this case, the en banc … Continue reading
Federal Cert Opposition Brief in Native Village of Eyak Aboriginal Rights Case
Here: USA Cert Opp The petition and links to other materials is here.
Native Village of Eyak v. Blank Cert Petition
Here: Native Village of Eyak Cert Petition Question presented: 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 … Continue reading
Sharply Split Ninth Circuit En Banc Panel Finds Insufficient Evidence of Aboriginal Subsistence Fishing Rights
Here is today’s opinion. Briefs and oral argument materials are here.
Split Eighth Circuit En Banc Panel Upholds Indian Country Crime Sentence
Here is the opinion: Sun Bear v. United States CA8 Opinion The court split 6-5, possibly inspiring Supreme Court review. Here is an excerpt from the majority: Marlon Dale Sun Bear pleaded guilty to the second-degree murder of his uncle in … Continue reading
Posted in Author: Matthew L.M. Fletcher, Criminal, Research
Tagged Eighth Circuit, en banc, Major Crimes Act, Sun Bear v. United States
Audio of Ninth Circuit Oral Argument in Snowbowl Case
Audio in Navajo Nation et al. v. US Forest Service available here, thanks to Indianz. Our previous posts about the case are here and here.
Chief Justice Roberts & Federal Indian Law
Long before John G. Roberts, C.J. became life-tenured, he practiced. And he worked on at least three Indian law-related cases: Alaska v. Native Village of Venetie, Rice v. Cayetano, and (briefly) Roberts v. United States. Also, as part of President … Continue reading
Posted in Research, Supreme Court
Tagged 25 USC 465, Alaska v. Venetie, Carcieri v. Kempthorne, cert petition, certiorari, Chief Justice Roberts, Congress, en banc, federal indian law, fee to trust, First Circuit, Indian Country, John G. Roberts, Las Vegas Paiute, Narragansett Tribe, Office of Legal Counsel, OLC, President Reagan, Rhode Island, Rice v. Cayetano, Roberts v. United States, Section 465, Shoalwater Bay, Supreme Court, Taxas Kickapoo, Tribal Supreme Court Project, Tribal Tax Status Act, trust land, Utah Paiute, Zuni
