Category Archives: Tribal Codes

Tavares v. Whitehouse Cert Petition (United Auburn Indian Community Banishment)

Here: Cert Petition Question presented: This case presents a question that divides the circuits: Should the “detention” requirement for habeas review under the ICRA be construed “more narrowly than” the “custody” showing required under other federal habeas statutes? Lower court … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court, Tribal Codes, tribal constitutions, tribal courts, tribal election, tribal membership | Tagged , , , , | Leave a comment

“Tribal Justice” Doc Airing Tonight

Here.

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Federal Court Dismisses Slip and Fall Action against Fort Mojave Indian Tribe’s Casino Operations

Here are the materials in Ireson v. AVI Casino Enterprises (D. Nev.): 8 Motion to Dismiss 11 Response 16 Reply 21 DCT Order

Posted in Author: Matthew L.M. Fletcher, Indian gaming, Research, sovereign immunity, Tribal Codes | Tagged , , , , | Leave a comment

Federal Court Dismisses Casino Patron Effort to Overrule Tribal Tort Claims Act Interpretation

Here are the materials in Wilson v. Umpqua Indian Development Corporation (D. Or.): 1 Complaint 1-7 Tribal Court Decision 15 Motion to Dismiss 17 Opposition 18 Reply 23 Surreply 27 DCT Order

Posted in Author: Matthew L.M. Fletcher, Indian gaming, Research, sovereign immunity, Tribal Codes, tribal courts | Tagged , , , | Leave a comment

Kansas Appellate Court Orders Resentencing of Kickapoo Tribal Member

Here is the opinion in State v. Horselooking: State v Horselooking An excerpt: Alvin P. Horselooking, Jr., appeals his sentence following his convictions of aggravated battery and driving under the influence of alcohol (DUI). The district court assigned Horselooking a criminal history … Continue reading

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

Split Ninth Circuit Panel Finds Colorable Navajo Labor Commission Jurisdiction over Window Rock School District

Here is the opinion in Window Rock School District v. Nez. An excerpt from the court’s syllabus: The panel held that it was “colorable or plausible” that the tribal adjudicative forum, the Navajo Nation Labor Commission, had jurisdiction because the claims arose … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Tribal Codes, tribal courts | Tagged , , , | 1 Comment

Washington COA Dismisses Two Challenges to Swinomish Civil Forfeiture under Rule 19

Here is the unpublished opinion in Washington v. Director of the Dept. of Licensing. An excerpt: After losing her vehicle to the Swinomish Tribe in civil forfeiture, Washington filed this suit against the Department of Licensing and unnamed Swinomish police … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, Tribal Codes, tribal courts | Tagged , , , , , , | Leave a comment

“Enforcement of Tribal Protection Orders in California”

Here:

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New Scholarship on Navajo Nation Car Buyers and the Subprime Lending Problem

Megan Horning has published “Border Town Bullies: The Bad Auto Deal and Subprime Lending Problem Among Navajo Nation Car Buyers” in the National Lawyers Guild Review: Horning Article

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

Federal Court Rules Against Burley Faction in California Miwok Dispute

Here are the materials in California Valley Miwok Tribe v. Zinke (E.D. Cal.): 44-1 Burley Motion for Summary J 46 US Cross-Motion 47 Dixie Cross-Motion 48 Burley Response 50 US Response 51 Dixie Response 53 Burley Reply 56 US Reply 57 … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Tribal Codes, tribal election, trust relationship | Tagged , , | 1 Comment