Category Archives: tribal constitutions

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 , , , , | Leave a 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

Osage Nation Supreme Court Decision in Separation of Powers Issue Redux

Here is the opinion in Standing Bear v. Pratt: SCO-2016-01 Standing Bear v Pratt Slip Opinion 8-11-17 Prior case here.

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

New Scholarship on Federal Restrictions on Tribal Customary Law

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

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

Transcripts of “Who Belongs? From Tribal Kinship to Native Nation Citizenship to Disenrollment”

Here: Who Belongs Conference Day 1 AM Who Belongs Conference Day 1 PM Who Belongs Conference Day 2

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

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

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

Ninth Circuit Denies En Banc Petition in Tavares v. Whitehouse

Here are the materials: CA9 Order Denying Petition En Banc Petition Prior posts here.

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