Tag Archives: equal protection

Federal Judge Rules ICWA Unconstitutional in Brackeen v. Zinke

Here is the opinion in Brackeen v. Zinke (N.D. Tex.): 166_DCT Order.pdf Case page with briefs here. A federal court has held that ICWA violates the equal protection component of the Fifth Amendment’s Due Process Clause, rejecting the Morton v. … Continue reading

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , , , , , , | 3 Comments

Indian Law Firms’ Letter to N.D. Supreme Court Re DAPL Arrestees’ Right to Counsel

Downloads(PDF): 12.29.2016 – Comment Letter re Emergency Petition – Misc Attorneys an Firms across country, APB Co Comment Letter North Dakota Supreme Court December 2016 Link: “Debate generated by petition for expanded legal representation” by Caroline Grueskin from the Bismarck Tribune, Previous … Continue reading

Posted in Author: Sarah Donnelly, News | Tagged , , , ,

Petitioners Request Out-of-State Lawyers Be Allowed to Represent Protesters

Link: The Bismarck Tribune article by Caroline Grueskin Download(PDF): In the Matter of a Petition to Permit Temporary Provision of Legal Services by Qualified Attorneys from Outside North Dakota Affidavit of William L. Tilton In Support of Petition to Permit … Continue reading

Posted in Author: Sarah Donnelly, News, Research | Tagged , , , | 1 Comment

Complaint in National Council for Adoption v. Jewell–Litigation Challenging the 2015 ICWA Guidelines

Here. Plaintiffs argue the 2015 Guidelines violate the APA, due process of birth parents and children, equal protection of birth parents and children, the 10th amendment, and manage a quick sideswipe at ICWA itself on page 38 (exceeds Congress’s authority under … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , , , | 2 Comments

Alex Skibine on Indian Law and the New Equal Protection

Alexander Tallchief Skinine has posted “Using the New Equal Protection to Challenge Federal Control Over Tribal Lands” on SSRN. Here is the abstract: There are today over 55 million acres of land owned by Indian tribes or their members that … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship | Tagged , , , ,

New Scholarship on Tribal Membership and Race by Sarah Krakoff

Sarah Krakoff posted “Constitutional Concern, Membership, and Race” on SSRN. It is forthcoming in the Florida International Law Review. The abstract: American Indian Tribes in the United States have a unique legal and political status shaped by fluctuating federal policies … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship | Tagged , , ,

Ninth Circuit Rejects Another Matheson Objection to Tribal-State Tax Compact

Here are the materials in Matheson v. Smith: CA9 Unpublished Memorandum Matheson Opening Brief Washington Brief Matheson Reply Brief Lower court materials here.

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

First Circuit Remands Equal Protection Challenge to Mass. Gaming Law; Remands for Trial on Merits (and Carcieri)

The opinion is here. Excerpts: Given this situation, the lack of clear answers on questions of both state and federal law, the shifting of the nature of the injury to KG, and the apparent attempt to allow some time for … Continue reading

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

Federal Court Dismisses Effort by Puyallup Woman to Avoid State Wholesale Cigarette Taxes

Here are the materials in Matheson v. Smith (W.D. Wash.): DCT Order Dismissing Matheson Complaint Matheson Motion for PI State Motion to Dismiss

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

KG Urban Reply Brief in First Circuit Appeal

Here: KG Urban Reply Brief

Posted in Author: Matthew L.M. Fletcher, gaming, Legislation, Research | Tagged , , , , , , , , , , ,