Matthew L.M. Fletcher Posts

Ninth Circuit Allows Bishop Paiute Law Enforcement Case to Proceed

by Matthew L.M. Fletcher | Jul 21, 2017 | American Indian Law

The Bishop Paiute Tribe (the “Tribe”) seeks a declaration that they have the right to “investigate violations of tribal, state, and federal law, detain, and transport or deliver a non-Indian violator [encountered on the reservation] to the proper authorities.” Before reaching this issue, the district court dismissed the case on jurisdictional grounds, concluding that the case presents no actual case or controversy.

Indian Bill of Rights vs. U.S. Bill of Rights

by Matthew L.M. Fletcher | Dec 22, 2016 | American Indian Law

Many people are not aware that federal constitutional constraints on governmental action set forth in the Bill of Rights and the Fourteenth Amendment do not apply to, or constrain, tribal government.

ALI Reporters on the Historical Basis for the Trust Relationship between the US and Indian Children

by Matthew L.M. Fletcher | Aug 28, 2016 | American Indian Law

In this recently published article, project Reporters Matthew Fletcher and Wenona Singel explore the history of the role of Indian children in the formation of the federal-tribal trust relationship. This piece comes as constitutional challenges to the Indian Child Welfare Act (ICWA) are now pending. The Reporters conclude the historical record demonstrates the core of the federal-tribal trust relationship is the welfare of Indian children and their relationship to Indian nations.