Category Archives: tribal constitutions

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 , , , | Leave a comment

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 , | Leave a comment

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 , , , | Leave a comment

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 , , , | Leave a comment

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 | 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

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 , | Leave a comment

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

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 , , , , | 1 Comment

New Book: “Claiming Turtle Mountain’s Constitution: The History, Legacy, and Future of a Tribal Nation’s Founding Documents” by Keith Richotte

Claiming Turtle Mountain’s Constitution: The History, Legacy, and Future of a Tribal Nation’s Founding Documents By Keith Richotte Jr. In an auditorium in Belcourt, North Dakota, on a chilly October day in 1932, Robert Bruce and his fellow tribal citizens held … Continue reading

Posted in Author: Matthew L.M. Fletcher, legal history, Scholarship, tribal constitutions | Tagged , | Leave a comment