“First Non-Indian Jury Trial Conviction In Indian Country Prosecuted At Tucson, Arizona’s Pascua Yaqui Tribal Court”

Here.

An excerpt:

The Pascua Yaqui Tribe recognizes that its strength is family, and that the safety of victims of domestic violence must be ensured by immediate intervention. The protection of victim and defendant rights and due process are also of paramount importance of the Pascua Yaqui Tribe’s justice system. The Tribe’s justice system was recognized as a progressive court system when the United States government selected it as one of three pilot tribes to implement Special Domestic Violence Criminal Jurisdiction in February 2014. Since then, the Pascua Yaqui Tribe has conducted three jury trials with non-Indian defendants, extradited two non-Indian defendants back to its tribal court from the State on tribal court warrants, and convicted 14 non-Indian defendants.

Posted in Author: Matthew L.M. Fletcher, Criminal, News, Research, tribal courts | Tagged , | Leave a comment

Zinke Apparently Promised to Rescind the Bears Ears Monument Designation

Here.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, News | Tagged | Leave a comment

House Natural Resources Oversight Subcommittee Hearing on IRA Tomorrow Morning

Here.

Entitled “Examining Impacts of Federal Natural Resources Laws Gone Astray,” the hearing memo indicates the IRA is one of the three laws the committee will be discussing.

Posted in Author: Kate E. Fort, Congress | Tagged , , , | Leave a comment

Alaska Tribal Court Workshop with Mike Petoskey 

Hosted by the Association of Village Council Presidents:

Posted in Author: Matthew L.M. Fletcher, tribal courts | Tagged , | Leave a comment

Kevin Bruyneel: “Review Essay on Seema Sohi’s Echoes of Mutiny and Suzan Shown Harjo’s Nation to Nation”

Kevin Bruyneel has published “Review Essay on Seema Sohi’s Echoes of Mutiny and Suzan Shown Harjo’s Nation to Nation” in the Tulsa Law Review.

Posted in Author: Matthew L.M. Fletcher, Scholarship, treaty rights | Tagged | Leave a comment

“Cannabis Trial of the Year Opens in Flandreau, South Dakota”

Here.

Posted in Author: Matthew L.M. Fletcher, Criminal, News | Tagged | Leave a comment

“‘Spiteful and petty’: Maine governor bans signs to Obama-designated monument”

From the Guardian, here

Katahdin is the Penobscots’ sacred mountain. When you look north as the river splits into its east and west branches, you look directly at Katahdin.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, News | Tagged , , | Leave a comment

Legal Planet: “Politicians and Commentators Who Criticize Recent National Monuments Are Making Up Their Own Version of History”

By Sean Hecht (“Go Blue”), here.

An excerpt:

But the idea that large monument designations are new or inappropriate is, much like other current right-wing narratives about the Environmental Protection Agency and other federal agencies, a false story based on false history.  Bears Ears contains tens of thousands of culturally and archaeologically significant sites.  In this case, as in others, preserving a large area of land is warranted in order to adequately protect unique ecological and cultural resources.   Beyond that, the history of the Act’s application, and the history of court decisions interpreting the Act, demonstrate that since the Act’s enactment, Presidents have lawfully designated large monuments to protect landscapes, ecosystems, and natural features as well as culturally important sites.

I haven’t done the math to fact-check the claim by Secretary Zinke that “since the 1900s, when the Act was first used, the average size of national monuments exploded from an average of 422 acres per monument.”  The claim is written so ambiguously that it may mean any number of things.  But any cursory look at the history of monument designations reveals that this claim, and similar claims by Sen. Hatch and others, are false or extraordinarily misleading.

In fact, the Antiquities Act has been used to protect enormous areas of land since 1908, when President Roosevelt designated the 818,000-acre Grand Canyon National Monument.  He also designated the 615,000-acre Mount Olympus National Monument in 1909, and the 60,000-acre Petrified Forest National Monument in 1906, within a few months of the passage of the Act.

***

And from HuffPo: “Why Trump Doesn’t Have The Power To Mess With National Monuments.”

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Research | Tagged , , | Leave a comment

New Scholarship on Federal Restrictions on Tribal Customary Law

Concetta Tsosie de Haro has posted “Federal Restrictions on Tribal Customary Law: The Importance of Tribal Customary Law in Tribal Courts.” The paper was published in the Tribal Law Journal.

Here is the abstract:

This article examines the adverse effects of federal case law and legislation on tribal courts and tribal courts’ ability to incorporate tribal customary law. Tribal customary law is the law given to tribes by holy deities which governs tribal ways of life. It is important to maintain tribal customary law because it strengthens tribal communities’ identities and cultural foundations. While Supreme Court precedent has, at different times, both restricted and promoted tribes’ ability to use tribal customary law to adjudicate the cases of tribal members, federal legislation including the Major Crimes Act, the Indian Civil Rights Act, the Tribal Law and Order Act, and the Violence Against Women Act continues to restrict tribes’ ability to apply customary law in tribal courts. To illustrate one way in which current federal Indian policy limits tribes’ ability to use customary law, the author highlights the ways in which two-spirit tribal members are excluded and ignored by the protections established in the Violence against Women Act. As the use of tribal customary law is critical to the maintenance of tribal sovereignty, this article advocates for corrections to these legislative restrictions to promote tribal court’s use of tribal customary law.

Posted in Author: Matthew L.M. Fletcher, Scholarship, Tribal Codes, tribal constitutions, tribal courts | Tagged , , , , | Leave a comment

Pipeline to Law Initiative: 5-Day Workshop in Seattle June 14-18

Download(PDF): Flyer

Application and additional information available at: law.asu.edu/pipelinetolaw

Posted in Author: Sarah Donnelly | Tagged , , , | Leave a comment