Category Archives: tribal courts

Federal Court Denies Reconsideration and Grants Attorney Fees in Enerplus v. Wilkinson

Here are the new materials in Enerplus Resources (USA) Corporation v. Wilkinson (D.N.D.): 94 Motion for Reconsideration 96 Response 98 Enerplus Motion for Atty Fees 101 Response to Motion for Atty Fees 104 Reply in Support of Motion for Atty Fees … Continue reading

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

News Profile on Judge Abby Abinanti

From Rebecca Clarren of InvestigateWest, here is “NATIVE AMERICAN JUDGE SHOWS PEACEMAKING COURTS OFFER A MODEL FOR REFORM.”

Posted in Author: Matthew L.M. Fletcher, cultural resources, judges, News, tribal courts | Tagged , , | Leave a comment

Tribal Special Criminal Jurisdiction over Domestic Violence Statistics

Here: The Following Tribes have implemented to date (as of last Friday): 1. Pascua Yaqui (51 investigations, 18 Convictions, 3 jury trials, 3 extradtions) * 2. Tulalip Tribes of WA. (23 cases, 14 Convictions) * 3. Sisseton Wahpeton Oyate (SD/ND) … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, tribal courts | Tagged | 1 Comment

Federal Court Denies Reconsideration Motion; Plaintiff “Nooksack Tribe” Still Lacks Standing

Here are the new materials in Nooksack Indian Tribe v. Zinke (W.D. Wash.): 45 Plaintiff’s Motion for Reconsideration of Order Granting Motion to Dismiss 47 Federal Defendants’ Memorandum of Points and Authorities in Opposition to Motion for Reconsideration 48 Plaintiff’s … Continue reading

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

Split Utah SCT Affirms Tribal Immunity, Adopts Tribal Court Exhaustion Doctrine

Here is the opinion in Harvey v. Ute Indian Tribe. UPDATE (11/10/17) Briefs: Appellant’s Brief Appellant’s Reply Brief Appellee’s Brief-LaRose Appellee’s Brief-Newfield Appellee’s Brief-Ute Indian Tribe Joinder in Brief Response to Supplemental Authority-Appellee 1 Response to Supplemental Authority-Appellee 2 Supplemental … Continue reading

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

ABA Human Rights Journal: “Tribal Disenrollment Demands a Tribal Answer”

William R. Norman Jr., Kirke Kickingbird, and Adam P. Bailey have published “Tribal Disenrollment Demands a Tribal Answer” in the ABA Human Rights Journal.

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

MSU/ILPC Alums Whitney Gravelle & Bryan Newland Sworn in as Bay Mills Chief Judge and Chairman

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Federal Court Rejects Effort to Enforce Settlement Agreement in Tribal Court

Here are the materials in Enerplus Resources (USA) Corporation v. Wilkinson (D.N.D.): 78 Motion for Summary J 84 Response 85 Reply 91 DCT Order An excerpt: Given the forum selection clauses in the Settlement Agreement, the ORRI Assignment, and the Division … Continue reading

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Idaho SCT Enforces Coeur d’Alene Tribal Court Order against Nonmembers

Here is the opinion in Coeur d’Alene Tribe v. Johnson. (PDF) An excerpt: Here, the Johnsons assert that the Tribal Court is dominated by the Tribe. They point to the tribal law stating that the Tribe has jurisdiction over the river and … Continue reading

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

Differing Scholarly Opinions on the Ethics of Representing Tribes Engaged in Disenrollments

Here is George K. Komnenos, Tribal Advocates as Ministers of Justice: A Potentially Problematic Concept, 29 Geo. J. Legal Ethics 1079 (2016): GeorgeKKomnenosTribalAdvo An excerpt: In June 2015, the National Native American Bar Association (NNABA) adopted its first Ethics Opinion entitled Formal Duties of … Continue reading

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