Category Archives: tribal constitutions

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

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