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Home » Archives for Matthew L.M. Fletcher

Justices appear divided over Navajo Nation’s water rights

Matthew L.M. Fletcher | March 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. The treaty, known by the Navajo people...

Teaching Indian Law in the 21st Century

Matthew L.M. Fletcher | October 6, 2022 | American Indian Law

Below is the abstract for “Teaching Indian Law in the 21st Century” available for download on SSRN. Since the first Indian law classes were offered in the late 1960s and early 1970s, law teachers mostly have considered the field a niche specialty, even a backwater,...

Preemption, Commandeering, and the Indian Child Welfare Act

Matthew L.M. Fletcher and Randall F. Khalil | September 26, 2022 | American Indian Law

Below is the abstract for “Preemption, Commandeering, and the Indian Child Welfare Act,” available for download on SSRN. This year (2022), the Supreme Court agreed to review wide-ranging constitutional challenges to the Indian Child Welfare Act (ICWA) brought by the...

Testimony before the Commission on Native Children

Matthew L.M. Fletcher | September 12, 2022 | American Indian Law

Below is the abstract for “Testimony before the Commission on Native Children,” available for download on SSRN. 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...

In 5-4 ruling, SCOTUS dramatically expands the power of states to prosecute crimes on reservations

Matthew L.M. Fletcher | June 30, 2022 | American Indian Law

This article was originally published on SCOTUSblog.com on June 29, 2022. On the second-to-last day of the 2021-22 term, the Supreme Court ruled 5-4 that Oklahoma — and all other states — possesses concurrent jurisdiction with the federal government over crimes...
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