A. Scholarly Profile
D. Tribal Court Opinions
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I’m curious to your opinion on CDIB’s – when membership is denied and an individual has a CDIB that clearly displays sufficent blood qauntum, what valid reason can a tribe give for failure to enroll based on Tribal Consitutution?
There may be several reasons, and it all depends on tribal law. For example, at some tribes, blood quantum is a necessary precursor, but you might have to show direct lineage to a particular class of persons, such as persons on a particular roll. Or, you might have to show evidence of social contacts with the tribe. Finally, it is important to remember that citizenship is political, and all politics is local.
bohzo Mr. Fletcher,
I am curious about tribes kicking out members once casinos start generating high revenues from casinos. I have read were many tribal members can prove direct lineage and blood quantum and they still get removed from the rolls because of politics, how prevalent is this really? I am a member of The Pokagon Band of Potawatomi and have spoken to members who have commented about tribal members not going to pow wows or things like cultural testing for members, this of course is not done by council but by members with an agenda. And what do you think of Lakes entertainment?
Sorry, but I really shouldn’t comment about any of that. I sit on the Pokagon appellate court. What I would say would be guesswork anyway. Best, Matthew.
Didn’t see any reference to this conference on your web site. The Federalist Society generally makes available videotape of all events on their site.
The Federalist Society
Third Annual Western Conference
Federal Sovereignty, State Sovereignty, and the Sovereignty of 562 Native American Tribes: A Match Made in Heaven or Somewhere Less Pleasant?
Start : Saturday, January 24, 2009 10:00 AM
End : Saturday, January 24, 2009 6:00 PM
The Ronald Reagan Presidential Library
40 Presidential Drive
Simi Valley, CA 93065
Telephone: (805) 522-2977
Fax: (805) 520-9702
10:15 a.m. – 12:00 noon
Roundtable Discussion: How Comfortably Does Tribal Sovereignty Fit With American
12:00 noon – 1:45 p.m.
2:00 p.m. – 3:30 p.m.
Panel Discussion: International Law and Indian Law
3:45 p.m. – 4:45 p.m.
Debate: The Apology Resolutions and the Akaka Bill
4:45 p.m. – 5:30 p.m.
5:00 p.m. – 6:00 p.m.
Hon. Carlos Bea, U.S. Court of Appeals, Ninth Circuit
John Fund, Wall Street Journal
Prof. Carole Goldberg, UCLA School of Law
Dan Kolkey, Gibson, Dunn, & Crutcher LLP
Joe Matel, Legislative Counsel, Senate Judiciary Committee
Walter Olson, Manhattan Institute for Policy Research
Hon. Diarmuid O’Scannlain, U.S. Court of Appeals, Ninth Circuit
Prof. Maimon Schwarzschild, University of San Diego School of Law
Hon. Tom Sansonetti, Holland & Hart LLP
Prof. Alexander Tallchief Skibine, University of Utah College of Law
Hon. Kenneth W. Starr, Dean, Pepperdine University Law School
Stimulus for Indian Country?
I see that you often post pleaings and complaints on this site. I was wondering if you could find and post the suit mentioned in this article: http://www.sacbee.com/ourregion/story/1692506.html ?
When and where is the review session on Article II for Con Law I?
FYI: Larry EchoHawk was confirmed last night. See below.
NOMINATIONS CONFIRMED (CIVILIAN)
The following civilian Executive Nominations were confirmed by the
Senate during the current congress. Nominations flagged with an asterisk
were approved subject to the nominee’s commitment to respond to requests
to appear and testify before any duly constituted committee of the
Senate. The nominations are listed to reverse chronological order based
on the date of confirmation.
May 19, 2009
PN65-3 * COMMODITY FUTURES TRADING COMMISSION
Gary Gensler, of Maryland, to be a Commissioner of the Commodity Futures Trading
Commission for a term expiring April 13, 2012.
PN65-4 * COMMODITY FUTURES TRADING COMMISSION
Gary Gensler, of Maryland, to be Chairman of the Commodity Futures Trading
PN222 * DEPARTMENT OF ENERGY
Kristina M. Johnson, of Maryland, to be Under Secretary of Energy.
PN250 * DEPARTMENT OF ENERGY
Steven Elliot Koonin, of California, to be Under Secretary for Science, Department
PN270 * DEPARTMENT OF ENERGY
Scott Blake Harris, of Virginia, to be General Counsel of the Department of Energy.
PN325 * DEPARTMENT OF THE INTERIOR
Larry J. Echo Hawk, of Utah, to be an Assistant Secretary of the Interior.
Utah Governor signs an easment to protect cultural sites.
DOI Request for Comments –
While this case really does not deal with Indian law, I believe the owner of Hemi is Pueblo.
Hi Matthew –
NARF has a Development Director position opening.
If it is appropriate, you can post on Turtle Talk.
Historical Trauma event/conference, November 20th, The Apostolic Church, 3655 N. Squirrel Rd., Auburn Hills, MI. Continental breakfast starting at 7:45am and registration for event beginning at 8:00am. Event is free to the public. Sue Parrish, Chippewa and Director of Southeast Michigan Indians Inc., Barbara Petoskey, Choctaw and Cherokee and co-owner of Dawnland Native Ministries along with husband Warren Petoskey, Odawa/Lakotah will be presenting.
Many Pueblos w/out heat in NM.
Wow, the argument to dismantle the BIA.
By Victoria Slind-Flor – Feb 3, 2011
A patent owner’s suit against an Indian tribe over a slot machine card holder was rebuffed by a federal judge who found tribes can’t be sued for patent infringement.
Specialty House of Creation Inc., of Pittsgrove, New Jersey, a maker of casino products, sued the Quapaw Tribe of Oklahoma in June 2010 for patent infringement in federal court in Tulsa Oklahoma.
The company claimed in court papers that after the tribe ordered 14,000 slot machine card holders from Specialty House, it made multiple requests for quotes on orders for similar products from TGI Enterprises Inc. of Tulsa.
Each time TGI received a request for a quote, it contacted Specialty House, which provided the requested quote. Each quote contained a reference to the disputed patent, D486531.
Specialty House said this number was stamped on every slot machine card delivered to the tribe in the original order for 14,000.
The tribe then allegedly arranged for production of counterfeit versions of the card holder and began using them at the Downstream Casino Resort in Quapaw, Oklahoma, Specialty said it its court papers. Each card was falsely stamped with the patent number, according to the pleadings.
Specialty House asked the court for money damages, including $500 for each of the articles falsely marked with its patent number.
In a January 27 ruling, U.S. District Judge Gregory Frizzell dismissed the case. He noted that other courts have found that because federal patent law contains “no express waiver of tribal sovereign immunity,” tribes can’t be sued for patent infringement.
Please sir, i need your law expertise. I am Oglala Lakota
Hello, My name is Karen L. Spotted Tail: I been trying to find help or resources that could help find who had killed my niece Shelly Two Strike? IT Is has been over 16 months since her death and NO ONE has been held responsible and have NO ANWERS on her case PLEASE HELP OUR FAMILY! (PLEASE CALL SANDRA TWO STRIKE@ 605-856-2733 OR CELL # @ 605-856-2733) THANK YOU – WOPILA
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Not sure where to send this new job announcement you might wish to post.
Marvin, I don’t know what the deal is but I have been trying to connect with you for the past several months. I really enjoy your website and information. It has taught me volumes. I contacted Bryan N who I know personally but still no response. Here is what I wrote tonight: http://roundhousetalk.com/2013/03/why-i-post-so-early/ I always give you props because your site is informative and provides such insight. I won’t bother you all again, but it would been nice to connect.
Just have a question, if a Tribal Member has a paid seat on the Tribal Board and at the same time is employed by the (same) Tribal Police is that not or would not be considered a conflict of interest? Is that even legal?
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