Category Archives: tribal constitutions

National Native American Bar Association Issues Formal Ethics Opinion on Duties of Advocates in Tribal Disenrollment Proceedings

Here is ethics opinion number 1: “Duties of Tribal Court Advocates to Ensure Due Process  Afforded to All Individuals Targeted for Disenrollment”: National Native American Bar Association Formal Ethics Opinion No. 1 This follows up an earlier resolution from NNABA. … Continue reading

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

Tribes and Same-Sex Marriage in Columbia Human Rights Law Review

My article on tribal laws relating to same-sex marriage has just been published in Columbia Human Rights Law Review. It delves into the twelve tribal laws that allow same-sex marriage and also looks at tribal DOMAs, tribal domestic partnership laws, … Continue reading

Posted in Author: Ann Tweedy, marriage equality, Scholarship, Supreme Court, Tribal Codes, tribal constitutions | Tagged , , , | 1 Comment

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 , , , | 1 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