This paper is an effort to show that federal sovereign defenses are not inevitable, nor are they even necessary.
Matthew L.M. Fletcher Posts
Justices appear divided over Navajo Nation’s water rights
Matthew L.M. Fletcher | Mar 22 2023 | American Indian Law Property
This article was originally published on SCOTUSblog.com on March 21, 2023. What water the United States owes the Navajo Nation under the 1868 Treaty of Bosque Redondo formed the crux of the argument in Arizona v. Navajo Nation.
Teaching Indian Law in the 21st Century
Matthew L.M. Fletcher | Oct 6 2022 | American Indian Law
In the 21st century, many law schools offer Indian law but generally are still far behind the curve. Worse, when it is offered, the Indian law canon tends to be taught in ways that ignore contemporary tribal agency by emphasizing historical events over modern issues. This article gives examples of tribal court cases and tribal statutes law teachers can use to incorporate Indian law into virtually any common law course.
Preemption, Commandeering, and the Indian Child Welfare Act
Matthew L.M. Fletcher | Sep 26 2022 | American Indian Law
The Supreme Court has agreed to review constitutional challenges to the Indian Child Welfare Act brought by the State of Texas and three non-Indian foster families in the October 2022 Term. We argue that the anticommandeering challenges against ICWA are unfounded because all provisions of ICWA provides a set of legal standards to be applied in state which validly and expressly preempt state law without unlawfully commandeering the States’ executive or legislative branches.
Testimony before the Commission on Native Children
Matthew L.M. Fletcher | Sep 12 2022 | American Indian Law
This letter and powerpoint were prepared at the request of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children in advance of a hearing on jurisdictional issues related to the Indian Child Welfare Act.
In 5-4 ruling, SCOTUS dramatically expands the power of states to prosecute crimes on reservations
Matthew L.M. Fletcher | Jun 30 2022 | American Indian Law
On the second-to-last day of the 2021-22 term, the U.S. Supreme Court ruled 5-4 that Oklahoma — and all other states — possesses concurrent jurisdiction with the federal government over crimes committed by non-Indians against Indians in Indian country, wiping away centuries of tradition and practice.
Restatement of the Law of American Indians Is Approved
Matthew L.M. Fletcher | May 17 2021 | American Indian Law
ALI members voted at The American Law Institute’s Annual Meeting to approve Restatement of the Law, The Law of American Indians. This is the first Restatement on this important area of law. The project Reporters are Matthew L.M. Fletcher and Wenona T. Singel, both of Michigan State University College of Law, and Kaighn Smith, Jr. of Drummond Woodsum.
Completing an ALI Project: Lessons from Reporters
Matthew L.M. Fletcher | May 4 2021 | American Indian Law Compliance and Enforcement for Organizations Data Economy Inside The ALI Torts: Defamation and Privacy Torts: Intentional Torts to Persons
Have you ever wondered what exactly goes into completing an ALI project? There’s nobody better to talk about the ALI process than four veteran Reporters whose projects may be completed at the 2021 Annual Meeting.
Pandemics and Inherent Tribal Powers
Matthew L.M. Fletcher | Jun 29 2020 | American Indian Law
This short essay argues for tribal regulatory powers over nonmembers in Indian country during a pandemic. This should be an easy argument, but federal Indian law makes it more complicated than it should be.
Tribal Economic Development – Indian Gaming
Matthew L.M. Fletcher | May 19 2020 | American Indian Law
The following text is excerpted from Restatement of the Law, The Law of American Indians, Tentative Draft No. 4, Chapter. 4. Tribal Economic Development. The video included with this post provides an overview of the entire draft.