Turtle Talk Poll — The Enduring Legacy/Aftermath of Santa Clara Pueblo v. Martinez

Santa Clara Pueblo v. Martinez is patently one of the two or three most important and perhaps controversial Supreme Court decisions affecting Indian nations and Indian people. In light of Steve Russell’s four part ICT series, we wonder what Turtle Talk readers think about Martinez.

As we think of them, we may add a question or two.

Update – here’s one!

 

One thought on “Turtle Talk Poll — The Enduring Legacy/Aftermath of Santa Clara Pueblo v. Martinez

  1. Professor G. William Rice August 28, 2015 / 6:35 pm

    Your poll misses a couple of important points. There is a significant difference in holding “the tribe” liable for a violation of a civil right and holding the individual perpetrator who violated that right liable in their personal capacity. I think without doubt tribal courts should protect people from tribal officers and employees who act outside the scope of their authority or in a procedurally deficient manner because they violate someone’s civil rights. Secondly, there is the protection of individuals by refusing to grant the tribe a judgment (criminal or civil) when the actions of a tribal official violate an individuals civil rights. (I’d also note that when you ask whether a federal court and tribal court should do something, you leave those of us who think one should do it and the other should not without the ability to accurately express our views.) Good poll though overall.

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