Category Archives: tribal constitutions

New Scholarship on Tribal Disenrollments

Arizona Law Review announces its publication of Galanda and Dreveskracht’s piece entitled Curing the Tribal Disenrollment Epidemic: In Search of a Remedy, which has been described as “a must read for all of Indian country” by Indian law scholar Robert … Continue reading

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

Recent Native America Calling Shows on Tribal Member Disenrollments, Blood Quantum, and Banishment

Here: http://nativeamericacalling.com/tuesday-may-5-2015-banishment-good-or-bad-for-tribal-communities/ http://nativeamericacalling.com/wednesday-may-6-2015-tribal-enrollment-and-blood-quantum/

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

Stephen Cornell on Indigenous Self-Government

Stephen Cornell has published “‘Wolves Have A Constitution:’ Continuities in Indigenous Self-Government” (PDF). The abstract: This article is about constitutionalism as an Indigenous tradition. The political idea of constitutionalism is the idea that the process of governing is itself governed … Continue reading

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

Eighth Circuit Affirms Dismissal of Lee v. Cleve Her Many Horses

Here is the unpublished opinion. Briefs are here. Lower court materials here.

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

Tenth Circuit Finds Federal Question in Thlopthlocco Tribal Town v. Stidham, Orders Tribal Court Exhaustion

Here is the opinion in Thlopthlocco Tribal Town v. Stidham. An excerpt: The Thlopthlocco Tribal Town is a federally recognized Indian tribe in Oklahoma. An election dispute arose about which individuals were properly elected or appointed to govern the Thlopthlocco … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, Tribal Codes, tribal constitutions, tribal courts | Tagged , , , , , , | 2 Comments

New Scholarship from Circe Strum on the Cherokee Freedmen

Here. Abstract: Despite a treaty in 1866 between the Cherokee Nation and the federal government granting them full tribal citizenship, Cherokee Freedmen—the descendants of African American slaves to the Cherokee, as well as of children born from unions between African … Continue reading

Posted in Author: Kate E. Fort, Research, Scholarship, treaty rights, tribal constitutions, tribal courts, tribal election, tribal membership | Tagged , , , | Leave a comment

Information Request on Tribal Gun Laws

I’m beginning research on tribal gun laws. If you would like to help, please email any information you have on tribal laws regulating guns or protecting gun rights, such as a copy of the law or information on legislative history, … Continue reading

Posted in Author: Ann Tweedy, Research, Tribal Codes, tribal constitutions | Tagged , | 5 Comments

Eighth Circuit Briefs in Lee v. Cleve Her Many Horses (Challenge to Oglala Sioux Tribal Govt.)

Here: Lee Opening Brief Cleve Her Many Horses Answer Brief Tribal Appellees Answer Brief Lee Reply Brief Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, Tribal Codes, tribal constitutions, Uncategorized | Tagged , , , | 1 Comment

Nooksack Tribal Court Dismisses St. Germain v. Kelly

Here: St Germain v. Kelly Defendants’ Motion to Dismiss and Brief in Support of Motion To Dismiss St Germain v Kelly Brief in Opposition to Defendants’ Motion to Dismiss Plaintiffs’ Cross Motion for Partial Summary Judgment St Germain v. Kelly … Continue reading

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

Nooksack Tribal Dismisses Adams v. Kelly II

Here: Adams v Kelly II Plaintiffs’ Amended Response in Opposition to Defendants’ Motion To Dismiss Adams v Kelly II Amended Response in Opposition to Defendants’ Motion To Dismiss Adams v Kelly II Defendants’ Reply to Plaintiffs’ Response in Opposition to … Continue reading

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