Category Archives: Tribal Codes

Split Ninth Circuit Dismisses ICRA Banishment Challenge

Here is the opinion in Tavares v Whitehouse. Briefs: Appellant Brief Appellee Brief Reply Brief Lower court materials here.

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

Federal Court Dismisses Pro Se Wrongful Termination Claim against White Earth Ojibwe

Here are the materials in Harper v. White Earth Human Resources (D. Minn.): 9-motion-to-dismiss 26-magistrate-report 28-dct-order

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

Casino Patron Brings Federal Suit over Interpretation of Tribal Tort Claims Act

Here is the complaint in Wilson v. Umpqua Indian Development Corporation (D. Or.): 1 Complaint 1-7 Tribal Court Decision Update: 15 Motion to Dismiss

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

Massive NYTs Magazine Article on Nooksack Disenrollments

Here is “Who Decides Who Counts as Native American? Four years ago, the Nooksack in Washington State announced that they were expelling hundreds of members, setting off a bitter debate over tribal identity.”

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

Respondent’s Brief in Lewis v. Clarke

Download(PDF): Brief for Respondent Link: Lewis v. Clarke tag archive

Posted in Author: Sarah Donnelly, Research, sovereign immunity, Supreme Court, Tribal Codes | Tagged | Leave a comment

Bloomberg Commentary on Cherokee Marriage Equality

Noah Feldman has published “Cherokees’ Gay-Marriage Law is Traditional.”

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

Petitioner’s Brief in Lewis v. Clarke

Here: Brief for Petitioner Other background materials here.

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

Fletcher Preview of Lewis v. Clarke

Here is “Supreme Court case could expose Indian tribes to new legal risks” at The Conversation. Excerpt: One would be tempted to think this is a case about fairness, about guaranteeing a forum for non-Indians to sue tribal employees who … Continue reading

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

Revised: Penobscot Nation RFP for Constitution and Code Drafting

Here (PDF). The description: This request for proposal (RFP) is to contract for legal drafting services to be provided for the Penobscot Nation, a federally recognized Indian tribe, for the period of December 1, 2016 to September 30, 2017.  Services … Continue reading

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New Law Review Note on Obergefell and Tribal Law

Steven Alagna has published this interesting and important piece in Washington University Law Review.

Posted in Author: Ann Tweedy, Research, Scholarship, Tribal Codes, tribal courts | Tagged , , , | Leave a comment