Category Archives: tribal membership

California COA Rejects Defamation Claim by Tribal Disenrollees against Elem Indian Colony Pomo Tribe

Here are the available materials in Brown v. Garcia: Garcia Brief Opinion

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

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

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

California COA Affirms Tribal Official Immunity in Disenrollment Challenge at Elem Colony

Here is the opinion in Brown v. Garcia. PDF An excerpt: This case is different. As the trial court noted, Maxwell and Pistor make clear that the general rule is not dispositive if the lawsuit will encroach upon the tribe’s sovereignty. … Continue reading

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

Nooksack: Federal Court Stays RICO Suit; IBIA Dismisses First IHS Reassumption Appeal

Here are materials in Rabang v. Kelly (W.D. Wash.): 6 – defendant-appellants’ opening brief 11 – plaintiff-appellees’ answering brief 124 non-parties nooksack tribe and certain tribal employees’ motion to quash non-party subpoenas 125 defendants kelly, cante and armstrong’s motion to … Continue reading

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

Splinter: “The Long Thorny History of the Cherokee Who Owned African Slaves”

Here.

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Nooksack Update in Federal RICO Action

Here are new materials in Rabang v. Kelly (W.D. Wash.): 122 Plaintiffs’ Supplemental Summary Judgment Response Ninth Circuit briefs in Rabang v. Kelly are here.

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

Paul Spruhan on the Law of the Certificate of Degree of Indian Blood (CDIB)

Paul Spruhan posted “CDIB: The Role of the Certificate of Degree of Indian Blood in Defining Native American Legal Identity” on SSRN. The abstract: This essay discusses the “CDIB” or Certificate of Indian or Alaska Native Blood, a document that … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship, tribal membership, trust relationship | Tagged , , | 1 Comment

Latest Nooksack Federal Court, IHS Developments

Here are new materials in Rabang v. Kelly (W.D. Wash.): 9-22-17 letter from ihs to nooksack tribal members 11-18-16 Letter IHS Regional Director Dean Seyler to Nooksack Chairman Robert Kelly Jr 116 Plaintiffs’ Supplemental Briefing Re MOA 118 Defendant Dodge’s … Continue reading

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