Petition for Rehearing in City of Tulsa v. O’Brien

Here:

Prior post here.

Oklahoma Court of Criminal Appeals Enables Tulsa to Prosecute Indians

Here is the opinion in City of Tulsa v. O’Brien:

Briefs are here.

Oklahoma Criminal Appellate Court to Hear Osage Reservation Boundaries Case

Here are materials so far in Young v. State of Oklahoma:

DCT Stay Order

Osage Nation Amicus Brief

State Brief

Young Brief

Update — the appellate court concluded McGirt did not apply and confirmed that the Osage reservation had been disestablished:

OCCA Decision

Fletcher Book Review — ” Protectors: The Indian Trust and Killers of the Flower Moon”

My review of David Grann’s Killers of the Flower Moon has been published in the Michigan Law Review. You can download the paper here or here.

An excerpt:

Killers of the Flower Moon will be an eye-opener for those who are not aware of what it means for the United States to shirk its duties to Indian people. Osage people alive today are direct victims of the Osage Reign of Terror (pp. 280–91). Grann’s book tells an interesting story about the early days of the FBI, the development of early criminal investigation techniques, and the slow death of frontier injustice and corruption. It is a story ripe for a suspenseful and entertaining film. But Killers of the Flower Moon could be so much more. For whatever reason—be it the fame of the author, the focus on major American historical figures like J. Edgar Hoover, or the fact that the FBI is investigating the current president—Grann’s work has the attention of much of the American public. Killers of the Flower Moon should be a call to action for the United States to take its duty of protection seriously, but instead the stories of real American Indian lives are a framing mechanism for a true-crime FBI story. Indian tribes standing against the political winds that threaten the trust relationship, the duty of protection the ancestors negotiated for in the nineteenth century, deserve more. The thousands of American Indian women who suffer sexual assaults every year and the thousands of American Indian children who witness and suffer violence every year deserve much more.

Continuing thanks to Wilson Pipestem and Alex Skibine.

Thomas Ryan RedCorn: “Putting Osage women in control of their own images”

Here, in WaPo.

Federal Court Dismisses NEPA Suit re: Osage Mineral Estate

Here are the materials in Persimmon Ridge LLC v. Zinke (N.D. Okla.):

18 Amended Complaint

21 US Motion to Dismiss

25 Persimmon Response

28 Reply

42 DCT Order

Tenth Circuit Decides Donelson v. United States [Osage Mineral Estate]

Here is the unpublished opinion.

Brief: appellant brief

energy companies opening brief

federal answer brief

reply

Fletcher Review of David Grann’s “Killers of the Flower Moon”

Here is “Failed Protectors: The Indian Trust and Killers of the Flower Moon,” forthcoming in the Michigan Law Review.

Abstract:

This Review uses Killers of the Flower Moon as a jumping off point for highlighting for readers how so many Indian people in Indian country can be so easily victimized by criminals. And yet, for however horrible the Osage Reign of Terror, the reality for too many Indian people today is much much worse. The federal government is absolutely to blame for these conditions. This Review shows how policy choices made by all three branches of the federal government have failed Indian people. Part I establishes the federal-tribal trust relationship that originated with a duty of protection. Part II establishes how the United States failure to fulfill its duties to the Osage Nation and its citizens allowed and even indirectly encouraged the Osage Reign of Terror. Part III offers thoughts on the future of the trust relationship in light of the rise of tribal self-determination. Part IV concludes the Review with a warning about how modern crime rates against Indian women and children are outrageously high in large part because of the continuing failures of the United States.

 

Osage Wind LLC v. Osage Minerals Council Cert Petition

Here:

Petition for a Writ of Certiorari

Questions presented:

1. Whether the court of appeals had jurisdiction over the appeal filed by a nonparty when the nonparty did not participate in any capacity in the district court proceedings.

2. Whether the Tenth Circuit improperly invoked the Indian canon of construction to deprive surface-estate owners who are members or successors-in-interest to Indian tribe members of important property rights by overriding clear regulatory language for the express purpose of favoring the economic interests of an Indian tribe without examining congressional intent.

Lower court materials here.

UPDATES:

Osage Minerals Council BIO

Reply

SG Brief [Osage]

Petitioner Supplemental Brief

Tenth Circuit Materials in Donelson v. U.S.: NEPA Challenge to Interior Drilling Approvals re: Osage Mineral Estate

Here:

Donelson Brief

Industry Response Brief

US Response Brief

Reply TK

Lower court materials here.