Sac and Fox Nation – Turtle Talk

The Court, therefore, finds that assisting, when requested, a local law enforcement agency in the enforcement or carrying out of the laws the agency enforces would be encompassed within the law enforcement services included in the Compact and the AFAs. The Court further finds that Eversole’s actions of responding to a Stroud officer’s request for assistance would be encompassed by the Compact and the AFAs.

Sac and Fox Nation of Missouri Accepting Applications for Tribal District Judge

September 2, 2015September 2, 2015Sarah M Donnelly

Job announcement here.

Sac & Fox 14th Annual Native Nations Law Symposium

July 23, 2015Kate Fort3 Comments

Here.

The Sac and Fox Nation of Missouri in Kansas and Nebraska is proud to present the 14th annual Native Nations Law Symposium. The Symposium seeks to promote relations and education of important legal topics among all legal professionals both Tribal and State. Please see attached document for a copy of the tentative schedule (speakers may be subject to change).

Denial of En Banc Petition in Thorpe v. Borough of Thorpe

February 4, 2015Kate Fort

Here.

Previous coverage of the case here.

Debate on JURIST re: NAGPRA and the Jim Thorpe Case

January 20, 2015January 20, 2015Matthew L.M. Fletcher

Here is Walter Olson’s post “NAGPRA, Indian Burials, and the Unquiet Grave.”

Here is Elizabeth C. Varner, Diane Penneys Edelman and Leila Amineddoleh’s “NAGPRA and Congress’s Foresight.”

H/T Pechanga.

The Third Circuit materials are here (en banc petition pending).

Third Circuit Accepts NCAI and Sen. Nighthorse Campbell Amicus Briefs in Jim Thorpe Appeal

January 5, 2015Matthew L.M. Fletcher

Here:

ORDER (MCKEE, Chief and Circuit Judge) granting motions of the National Congress of the American Indians and Ben Nighthorse Campbell to file in support of the petition for rehearing. The Clerk is directed to file the briefs on the docket as statements in support of rehearing and circulate them to the full Court. No response by Appellant is required unless the court directs, filed. [13-2446, 13-2451] (TMK)

The en banc petition is here. The amicus briefs are here.

Third Circuit En Banc Petition Materials in Thorpe v. Borough of Jim Thorpe (UPDATED)

December 9, 2014December 19, 2014Matthew L.M. Fletcher2 Comments

Here:

Petition for Rehearing (12-8-14)

NCAI Mtn for Leave and Proposed Brief in Support Filed 12-8-14

Senator Ben Nighthorse Campbell amicus brief

Senator Ben Nighthorse Campbell motion for leave to file amicus brief

UPDATE:

Borough Opposition to NCAI Amicus Brief

NCAI Reply in Support of Amicus Motion

Third Circuit panel materials here.

Third Circuit Holds NAGPRA Does Not Require Repatriation of Jim Thorpe’s Remains

October 23, 2014October 23, 2014Matthew L.M. Fletcher5 Comments

Here is the opinion in Thorpe v. Borough of Jim Thorpe:

Jim Thorpe Opinion [Update — the clerk has withdrawn this version of the opinion for quality control.]

An excerpt:

Thorpe’s remains are located at their final resting place and have not been disturbed. We find that applying NAGPRA to Thorpe’s burial in the Borough is such a clearly absurd result and so contrary to Congress’s intent to protect Native American burial sites that the Borough cannot be held to the requirements imposed on a museum under these circumstances. We reverse the District Court and hold that the Borough is not a “museum” under NAGPRA for the purposes of Thorpe’s burial.

Briefs here and here. Oral argument audio here.

Lower court materials here.

Oral Argument Audio in Jim Thorpe NAGPRA Matter

February 21, 2014Matthew L.M. Fletcher1 Comment

Here. CA3 oral argument database here.

Briefs here and here.