Category Archives: tribal constitutions

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

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