California Compact Dispute Argued before the Ninth Circuit

Here are the briefs in San Pasqual Band v. Schwarzenegger:

san-pasqual-opening-brief

california-appellee-brief

california-tribal-business-assn-amicus

san-pasqual-reply-brief

And here is news coverage from Indianz:

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EEOC v. Peabody Coal & Navajo Nation — CA9 Materials

This long-running case involves the Navajo tribal preference statute. The district court dismissed the claim under Rule 19 (one of my faves!). Here are the Ninth Circuit materials:

DCT Order

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Republic of Philippines v. Pimentel — Indian Law Issues?

Well, not really, but this case, which the Supreme Court granted cert. on Dec. 3, involves the application of the necessary and indispensable party doctrine of Rule 19 to sovereigns (especially sovereigns raising sovereign immunity). Interestingly, a large portion (even perhaps a majority) of the cases cited in the cert. petitions and opps involve the application of Rule 19 to tribal sovereigns.

From SCOTUSBlog:

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Ottawa Tribe of Oklahoma v. Speck Materials

Here are materials relating to the Ottawa Tribe of Oklahoma’s attempts to establish hunting and fishing rights to their aboriginal homelands in Ohio.

District Court Opinion Denying Ohio’s Motion to Dismiss

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Vann v. Kempthorne Materials

Last December, the federal court denied the Cherokee Nation’s motion to dismiss Vann v. Kempthorne. The Nation had argued that it was a necessary and indispensable party under FRCP 19. And, because it hadn’t waived its immunity, the Nation argued that the federal case must be dismissed. The United States argued that the case should be dismissed under the tribal court exhaustion doctrine. The court disagreed.

Vann 2nd Amended Complaint

Cherokee Motion to Dismiss

Opposition to Cherokee Motion

Cherokee Reply Brief

US Brief

Order Denying Motion

My own article on Rule 19 and tribal interests is here.