Category Archives: tribal constitutions

Split Ninth Circuit Dismisses ICRA Banishment Challenge

Here is the opinion in Tavares v Whitehouse. Briefs: Appellant Brief Appellee Brief Reply Brief Lower court materials here.

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

Nooksack Tribe Sues Interior for Refusing to Recognize Tribal Council, Fund Contracts

Download(PDF): Complaint for Injunction, Writ of Mandamus, Declaratory Judgment, and Other Relief

Posted in Announcements, Author: Sarah Donnelly, Bureau of Indian Affairs, Research, tribal constitutions, tribal membership, trust relationship | Tagged , , , , , | 1 Comment

Tohono O’odham Court of Appeals Finds Constitutional Waiver of Immunity in Banishment Suit

Downloads(PDF): Press Release: Tohono O’odham Court of Appeals Establishes New Precedent to Protect Civil Rights in Banishment Cases Decision on Appeal in the matter of Escalante v. Sells District Council (1/27/17)

Posted in Author: Sarah Donnelly, Research, sovereign immunity, tribal constitutions, tribal courts | Tagged , , , | Leave a comment

Massive NYTs Magazine Article on Nooksack Disenrollments

Here is “Who Decides Who Counts as Native American? Four years ago, the Nooksack in Washington State announced that they were expelling hundreds of members, setting off a bitter debate over tribal identity.”

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

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