Category Archives: Tribal Codes

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 … Continue reading

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

Federal Magistrate Orders Release of Jemez Pueblo Prisoner for ICRA Violations

Here are the materials in the case now captioned Fragua v. Elwell (D.N.M.): 18 Magistrate Recommendation 20 Magistrate Order of Release Prior post here.

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

Federal Magistrate Recommends Immediate Release of Indian Prisoner for ICRA Right to Counsel Violation

Here are the materials so far in Fragua v. Casamento (D.N.M.): 1 Habeas Petition 6 Jailer Response 7 Prisoner Reply 12 Magistrate Report

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

The Wisconsin Experiment

“Donald Trump’s war on the environment was prototyped by far-right politicians in state government. We can learn from Indigenous communities who fought back in the name of science and democracy — and won.“ In the opening months of the Trump … Continue reading

Posted in cultural resources, Environmental, Great Lakes, Legislation, Tribal Codes | Tagged , | Leave a comment

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 Author: Matthew L.M. Fletcher, Research, 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