Category Archives: tribal constitutions

Julia Stinson on Disenrollment as Cruel and Unusual Punishment

Julia M. Stinson has posted “When Tribal Disenrollment Becomes Cruel and Unusual” on SSRN. The article is forthcoming in the Nebraska Law Review. Here is the abstract: In the past two decades, Native American tribes have disenrolled—permanently removed from tribal … Continue reading

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

ILADA Blog [McGill Law]: Seasonal Thematic Contributions by Indigenous Legal Scholars

Here: Season 1:  Law Through Language (2018) Our first season focuses on language as law: within the context of language revitalization, how do Indigenous laws pronounce themselves through language? How can Indigenous laws be strengthened, given the impact of colonialism … Continue reading

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

Mildly Interesting SCOTUS Development: Bearcomesout Cert Petition

Here is the petition in Bearscomesout v. United States: bearcomesout cert petition Question presented: Whether the “separate sovereign” concept actually exists any longer where Congress’s plenary power over Indian tribes and the general erosion of any real tribal sovereignty is amplified … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, Supreme Court, tribal constitutions | Tagged , , ,

FBA Indian Law Conference ICRA Panel

Karla General, Angela Riley, Terri Smith, Se-ah-dom Edmo, and Josh Clause

Posted in Author: Matthew L.M. Fletcher, Symposia, Tribal Codes, tribal constitutions, tribal courts | Tagged ,

NAICJA Save the Date (Oct. 16-19) and Call for Papers (Due April 20)

One of my favorite conferences of the year–and I always offer to do an ICWA/transfer to tribal court case law update! RFP for Presentations- 2018 NAICJA Conference – DUE APRIL 20th!

Posted in Announcements, Author: Kate E. Fort, tribal constitutions, tribal courts | Tagged , , ,

Update in Nooksack RICO Suit

Here are the new materials in Rabang v. Kelly (W.D. Wash.): 03-20-18 Letter From Bob Kelly and Notice of Involuntary Disenrollement 144 3-15-18 Kelly Defendants’ Motion for Indicative Ruling Regarding Dismissal 146 3-15-18 Defendant Chief Judge Ray Dodge’s Notice of … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Tribal Codes, tribal constitutions, tribal election, tribal membership | Tagged , , ,

Greg Bigler on Traditional Jurisprudence

Judge Gregory Bigler has posted “Traditional Jurisprudence and Protection of Our Society: A Jurisgenerative Tail” on SSRN. Here is the abstract: This paper is an exercise in self-discipline organizing thoughts from a long period of work and life that explores … Continue reading

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

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 ,

Differing Scholarly Opinions on the Ethics of Representing Tribes Engaged in Disenrollments

Here is George K. Komnenos, Tribal Advocates as Ministers of Justice: A Potentially Problematic Concept, 29 Geo. J. Legal Ethics 1079 (2016): GeorgeKKomnenosTribalAdvo An excerpt: In June 2015, the National Native American Bar Association (NNABA) adopted its first Ethics Opinion entitled Formal Duties of … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship, tribal constitutions, tribal courts, tribal membership | Tagged ,

Update on Same Sex Marriage Case at Ak-Chin Community

Here: Redacted Special Master Report Ruling on Matter Under Advisement (1) final Pablo

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