NAGPRA – Turtle Talk

Slockish v. Dept. of Transportation Cert Petition

October 11, 2022Matthew L.M. Fletcher

Here:

Question presented:

Whether the Ninth Circuit’s mootness ruling warrants summary reversal where the panel clearly misapprehended governing law on mootness and on the authority of federal courts to order equitable relief affecting nonparties.

Lower court materials here.

California Federal Court Dismisses Anti-NAGPRA Scholar’s Free Speech Suit

May 16, 2022Matthew L.M. Fletcher

Here are the materials in Weiss v. Perez (N.D. Cal.):

16 Motion for Preliminary Injunction

31 San Jose State Motion to Dismiss

32 SJSU Opposition to 16

46 Reply in Support of 16

57 Opposition to 31’\

60 Reply in Support of 31

78-dct-order Download

Complaint posted here.

Anti-NAGPRA Scholar Sues San Jose State for Free Speech Violations

February 1, 2022Matthew L.M. Fletcher

Here is the complaint in Weiss v. Perez (N.D. Cal.):

1 Complaint

San Jose Mercury News: “San Jose State: Professor smiling with Native American skull ignites fiery debate“

Springer and Weiss: “Responding to Claims of Archaeological Racism“

Ninth Circuit Holds Challenge to Mount Hood Road is Moot Now that Road is Complete

December 2, 2021Matthew L.M. Fletcher

Here is the unpublished opinion in Slockish v. FHA.

Briefs here.

Credit: Becket

Ninth Circuit Materials in Slockish v. FHA

November 17, 2021Matthew L.M. Fletcher

Here:

Opening Brief

Indian Law Scholars Amicus Brief

Religious Groups Amicus Briefs

Religious Liberty Scholars Amicus Brief

Federal Answer Brief

Lower court materials here.

Federal Court Dismisses Muscogee (Creek) Nation Suit against Poarch Band Creek over Hickory Ground

March 16, 2021ilpc

Here are the materials in Muscogee (Creek) Nation v. Poarch Band of Creek Indians (M.D. Ala.):

190 Second Amended Complaint

200 Federal Motion to Dismiss

202 Tribal Defendants Motion to Dismiss

205 Individual Defendants Motion to Dismiss

210 Response to 200

211 Response to to 205

212 Response to 202

216 Reply in Support of 200

217 Reply in Support of 202

218 Reply in Support o 205

223 DCT Order

Prior posts here.

D.C. Circuit Declines to Order Injunction on Construction of Border Wall to Stop Destruction of Sacred Sites over Dissent of Judge Millett

November 25, 2020Matthew L.M. Fletcher

Here is the order in Manzanita Band of the Kumeyaay Nation v. Wolf:

Order on Motion for Stay Pending Appeal + Dissent

Briefs:

Opposition

Appellants Motion for Emergency Injunction

Lower court materials here.

Texas Observer: “Bringing the Dead Home”

November 17, 2020Matthew L.M. Fletcher

“Thirty years after Congress passed the Native American Graves Protection and Repatriation Act, only a fraction of human remains held by Texas’ museums and universities have been returned.”

Here.

ASU Law: NAGPRA Panel on Nov. 16

November 9, 2020Matthew L.M. Fletcher

SFheader_NAGPRA-2 (002)

NAGPRA: 30 Years and Beyond

Monday, Nov. 16

12:00-1:30 p.m. MST

Join us as we commemorate the 30th anniversary of the Native American Graves Protection and Repatriation Act (NAGPRA) and explore new opportunities for building on this landmark legislation.

Guest speakers:
– Suzan Harjo (Cheyenne & Hodulgee Muscogee) – Writer/Curator/Policy Advocate/President, Morning Star Institute
– Shannon O’Loughlin (Choctaw) – Executive Director and Attorney, Association on American Indian Affairs
– James Riding In (Pawnee) – Founding Member and Associate Professor, American Indian Studies, Arizona State University

The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.0 hour toward your annual CLE requirement for the State Bar of Arizona.

Free webinar and open to the public.

NAGPRA 30 Years and Beyond