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 , , , , , , , , ,

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

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research | Tagged , , , | 1 Comment

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

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, Supreme Court, tribal membership | Tagged , , , , , , , , | 1 Comment

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.

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court | Tagged , , , , ,

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

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , , , , | 2 Comments

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.

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , , | 1 Comment

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 , , ,

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.

Posted in Author: Matthew L.M. Fletcher, Environmental, Research | Tagged , , , , , , , , | 1 Comment

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 , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,