Category Archives: tribal constitutions

Ninth Circuit Dismisses Challenge to Native Hawaiian Governmental Elections as Moot

Here is the opinion in Akina v. State of Hawai’i. An excerpt: These appeals concern recent efforts by a group of Native Hawaiians to establish their own government. The plaintiffs are Hawaii residents who challenge that process. They appeal the … Continue reading

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

Article, “The Timbisha Decision – A Familiar Story and Dangerous Precedent”

Christopher Foley, attorney at The Indian Law Resource Center, has published an article criticizing the most recent court decision in the Death Valley Timbisha Shoshone case. Link to article here From the article: The Death Valley Timbisha Shoshone Tribe was … Continue reading

Posted in Author: Victoria Sweet, Bureau of Indian Affairs, tribal constitutions, tribal election | Tagged , , | 2 Comments

Ninth Circuit Holds Timbisha Leadership Dispute Mooted by Adoption of New Constitution

Here is the opinion in Timbisha Shoshone Tribe v. Dept. of Interior. The court’s syllabus: The panel dismissed, as moot, an appeal from the district court’s dismissal of a case challenging the Department of the Interior’s recognition of the election … Continue reading

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

Tribal NLRB Background Materials

Here are the materials relevant to Little River Band of Ottawa Indians Tribal Government v. NLRB. Supreme Court cert stage briefs Little River Petition and Appendix COMBINED USET Amicus Brief Final CO-UMUT Amicus Cert Petition – Saginaw Chippewa and LRB … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, IGRA, Indian gaming, Labor Relations, Michigan Indian, Research, Supreme Court, treaty rights, Tribal Codes, tribal constitutions, tribal courts | Tagged , , , | 1 Comment

Osage Supreme Court Decision in Separation of Powers Matter

Here is the opinion in Standing Bear v. Whitehorn: SCO-2015-01 Slip Opinion 3-8-16

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

Robert Miller on Tribal Constitutions and Their Influence on the American Constitution

Robert Miller has posted “American Indian Constitutions and Their Influence on the United States Constitution” on SSRN.  Here is the abstract: This paper analyzes modern-day American Indian constitutionalism. It describes the development of written constitutions by Indian nations and primarily … Continue reading

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

Al Jazeera Show on Disenrollments

Here is “Without a tribe: Fighting to stay Native American — The contentious practice of disenrollment in some tribes sparks a discussion about Indigenous identity.”

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

MCN Adopts Free Press Legislation for Mvskoke Media

Muscogee (Creek) Nation introduces protections for tribal media NORMAN, Okla. – The Muscogee (Creek) Nation (MCN) added free press protections for the tribe’s media division, Mvskoke Media, with the passage of a free press act. The MCN National Council passed … Continue reading

Posted in Announcements, Author: Sarah Donnelly, Legislation, Tribal Codes, tribal constitutions | Tagged , | Leave a comment

Rosebud Sioux Tribe Supreme Court Decision in Tribal Chairman’s Removal Dispute

Here is the opinion in Scott v. Kindle: Scott An excerpt: The case at bar is fraught with such risk. There is no doubt that the action of the Tribal Council in removing President Scott from office is of historical … Continue reading

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

Reminder: AALS Indian Nations & Indigenous Peoples Call for Papers on Same-Sex Marriage & LGBT Families

The deadline is coming up 9/1. Please submit if you have a qualifying research project and also feel free to share widely: The Indian Nations and Indigenous Peoples Section of the American Association of Law Schools (AALS) invites paper proposals … Continue reading

Posted in Announcements, Author: Ann Tweedy, Call for Papers, ICWA, marriage equality, Research, Scholarship, Tribal Codes, tribal constitutions | Tagged , , | Leave a comment