Category Archives: Tribal Codes
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
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.
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 →
William R. Norman Jr., Kirke Kickingbird, and Adam P. Bailey have published “Tribal Disenrollment Demands a Tribal Answer” in the ABA Human Rights Journal.
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 →
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
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 →
Here are the materials in Ireson v. AVI Casino Enterprises (D. Nev.): 8 Motion to Dismiss 11 Response 16 Reply 21 DCT Order
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