Tag Archives: Indian Self-Determination Acts

Fletcher & Singel on the Historical Basis for the Trust Relationship between the US and Indian Children

Fletcher & Singel have posted “Indian Children and the Federal Tribal Trust Relationship” on SSRN. Here is the abstract: This article develops the history of the role of Indian children in the formation of the federal-tribal trust relationship and comes … Continue reading

Posted in Author: Matthew L.M. Fletcher, Author: Wenona T. Singel, ICWA, legal history, Legislation, Michigan Indian, Scholarship, treaty rights, tribal courts | Tagged , , , , , , , , , , , , | 2 Comments

Federal Circuit Affirms Council for Tribal Employment Rights v. United States Without Opinion

Here is the order. Briefs and lower court materials here.

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

Federal Circuit Briefs in Council for Tribal Employment Rights v. United States

Here: CTER Brief US Brief CTER Reply Brief Lower court materials here.

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

Spirit Lake Employee Group’s Contract Claims against Feds Dismissed

Here are the materials in Council for Tribal Employment Rights v. United States (Fed. Cl.): 1-Council for Tribal Employment Rights Complaint 25-US Motion to Dismiss 46-Council Response 48-Council Motion for Partial Summary J 49-US Reply 53-US Opposition DCT Order Dismissing … Continue reading

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

En Banc Petition and Opposition in Arctic Slope Assn. v. Sebelius (Fed. Cir.)

Here: Arctic Slope Petition for En Banc Review USA Opposition to Arctic Slope Petition for En Banc Review Federal Circuit panel opinion here.

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

Tenth Circuit Reverses Refund Judgment against HUD

The case is Fort Peck Housing Authority v. HUD, and it’s unpublished (again, not sure why cases like these go unpublished). An excerpt: This case involves the Native American Housing Assistance and Self- Determination Act of 1996 (NAHASDA), 25 U.S.C. §§ … Continue reading

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

Boney v. Valline — Suit re: Police Liability under Self-Determination Act & FTCA

Here is the opinion in this case — boney-v-valline-dct-order — where the District of Nevada held that a tribal officer who employed deadly force was enforcing tribal law, and so could not be liable under the FTCA or the Self-Determination Act. … Continue reading

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

US v. Newell — DCT Refuses to Dismiss Indictment Against Former Passamaquoddy Governor

I guess the heading says it all — Robert Newell was indicted for misappropriating federal money while governor of the tribe. His arguments on the motion to dismiss were based in federal Indian law; i.e., sovereign immunity, federal government failure … Continue reading

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

Ramah v. Kempthorne Third Partial Settlement Agreement

Anything with the phrase “indirect costs” makes me shudder, but here is the most recent settlement agreement in this case, courtesy of Tom Schlosser.

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

Self-Determination Act Funding Case — Aleutian Pribilof Islands Assn v. Kempthorne (D. D.C.)

This opinion vacates the Secretary of Interior’s decision to discontinue self-determination act funding the Aleutian Probilof Islands Association, a group of 13 member tribes, in favor of The Aleut Corporation, starting in 2006. Here are the materials: DCT Opinion APIA Motion … Continue reading

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