Category Archives: tribal constitutions

Bloomberg Commentary on Cherokee Marriage Equality

Noah Feldman has published “Cherokees’ Gay-Marriage Law is Traditional.”

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

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

Posted in Author: Matthew L.M. Fletcher, marriage equality, Research, tribal constitutions | Tagged , | 6 Comments

Revised: Penobscot Nation RFP for Constitution and Code Drafting

Here (PDF). The description: This request for proposal (RFP) is to contract for legal drafting services to be provided for the Penobscot Nation, a federally recognized Indian tribe, for the period of December 1, 2016 to September 30, 2017.  Services … Continue reading

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BIA Will Not Recognize Actions of Holdover Nooksack Tribal Council

Here is the letter from ASIA Larry Roberts to Robert Kelly: Letter An excerpt: We will not recognize any actions until duly elected officials are seated in accordance with the Tribe’s Constitution and Bylaws.  This includes recent actions by you and … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, tribal constitutions, tribal courts, trust relationship | Tagged , , | 2 Comments

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

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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