Category Archives: tribal constitutions
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 →
Here: Who Belongs Conference Day 1 AM Who Belongs Conference Day 1 PM Who Belongs Conference Day 2
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
Here are the materials: CA9 Order Denying Petition En Banc Petition Prior posts here.
Here is the opinion in Tavares v Whitehouse. Briefs: Appellant Brief Appellee Brief Reply Brief Lower court materials here.
Download(PDF): Complaint for Injunction, Writ of Mandamus, Declaratory Judgment, and Other Relief
Downloads(PDF): Press Release: Tohono O’odham Court of Appeals Establishes New Precedent to Protect Civil Rights in Banishment Cases Decision on Appeal in the matter of Escalante v. Sells District Council (1/27/17)
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.”
Noah Feldman has published “Cherokees’ Gay-Marriage Law is Traditional.”
Cherokee Nation AG Opines that Cherokee Constitution Protects Fundamental Right to Marriage; Same-Sex Marriage Legal at Cherokee
Here is the opinion: Hembree Opinion An excerpt: For the reasons discussed below, it is the official opinion of the Attorney General that the Cherokee Nation Constitution protects the fundamental right to marry, establish a family, raise children and enjoy the full … Continue reading →