Category Archives: Tribal Codes

Jim Diamond on Practicing Indian Law in Federal, State, and Tribal Criminal Courts

James D. Diamond just published “Practicing Indian Law in Federal, State, and Tribal Criminal Courts and an Update on Recent Expansion of Criminal Jurisdiction Over Non-Indians” in the ABA’s Criminal Justice Magazine. PDF SSRN

Posted in Author: Matthew L.M. Fletcher, bar journal, Criminal, Tribal Codes, tribal courts | Tagged | 2 Comments

Eid & Goldtooth on Navajo Juvenile Justice Law

Troy A. Eid and DeAnna Goldtooth have published “’Children Are Sacred’:  Applying Navajo (Dine’) Fundamental Law to Strengthen Juvenile Justice” at 62 The University of South Dakota Law Review 728 (2017). The draft manuscript is here.

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

Standing Rock Children’s Code RFP

REQUEST FOR PROPOSALS The Standing Rock Sioux Tribe (Tribe) is now accepting Proposals from qualified individuals, organizations or firms for the development of a Children’s Code for the Standing Rock Sioux Tribe’s Code of Justice.  The Tribe currently has a … Continue reading

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

ABA Human Rights Journal: “Tribal Disenrollment Demands a Tribal Answer”

William R. Norman Jr., Kirke Kickingbird, and Adam P. Bailey have published “Tribal Disenrollment Demands a Tribal Answer” in the ABA Human Rights Journal.

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

Idaho SCT Enforces Coeur d’Alene Tribal Court Order against Nonmembers

Here is the opinion in Coeur d’Alene Tribe v. Johnson. (PDF) An excerpt: Here, the Johnsons assert that the Tribal Court is dominated by the Tribe. They point to the tribal law stating that the Tribe has jurisdiction over the river and … Continue reading

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

Federal Court Dismisses Challenge to Tulalip Land Use Ordinances for Lack of Ripeness

Here are the materials in Mitchell v. Tulalip Tribes of Washington (W.D. Wash.): 6 motion to dismiss 7 response 11 reply 12 dct order

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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.

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

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