Quimbee logo
DMCA.com Protection Status
From our private database of 16,500+ case briefs...

Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. Wisconsin

United States Court of Appeals for the Seventh Circuit
769 F.3d 543 (2014)


Facts

In the 1800s, Indian tribes (plaintiffs) ceded roughly the northern third of Wisconsin to the United States under treaties reserving the tribes’ right to hunt there. Wisconsin tribes relied on hunting deer and used it in cultural and religious traditions. The tribes preferred hunting at night, when deer freeze in bright lights, making them easy targets. Wisconsin (defendant) eventually outlawed night hunting, except on reservations comprising a tiny percentage of the ceded lands, and a federal judgment upheld the law in 1991. During the late 1990s, the state began shooting deer at night to control the exploding population and eliminate endemic disease. Despite using state employees and contractors with little experience or training, the rate of hunting accidents in Wisconsin plummeted. Collisions between motor vehicles and deer caused far more fatalities and injuries. Over a five-year period, hunting accidents injured only four nonhunters, and most hunter injuries were self-inflicted. The tribes brought a federal action against the state to overturn the 1991 judgment as obsolete, arguing that the state’s more recent experience with night hunting proved it was safer than previously thought. By that time, neighboring states had allowed night hunting in ceded territories similar to Wisconsin’s for over a decade and required night-hunting safety courses managed by the Great Lakes Indian Fish and Wildlife Commission, which also oversees hunting in Wisconsin. The tribes demonstrated outstanding hunting safety records on tribal reservations where night hunting was allowed. The trial court nonetheless upheld the 1991 judgment, reasoning that state employees and contractors hunting deer at night was less dangerous than allowing tribe members to do so. The tribes appealed.

Rule of Law

Issue

Holding and Reasoning (Posner, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 417,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,500 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial