Tag Archives: Indian Civil Rights Act

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

Rosebud Sioux Tribe Supreme Court Decision in Tribal Chairman’s Removal Dispute

Here is the opinion in Scott v. Kindle: Scott An excerpt: The case at bar is fraught with such risk. There is no doubt that the action of the Tribal Council in removing President Scott from office is of historical … Continue reading

Posted in Author: Matthew L.M. Fletcher, sovereign immunity, tribal constitutions, tribal courts | Tagged , , , , , | 1 Comment

Cheyenne River Sioux Tribal Court of Appeals Decision in Tribal Redistricting Dispute

Here is the opinion in Woods v. Cheyenne River Sioux Tribal Council: woods An excerpt: Despite the long and convoluted history of this case, much has been accomplished and both parties are to be commended for the positive results to … Continue reading

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

Ann Tweedy on Tribal Gun Regulation

Ann Tweedy has published “Indian Tribes and Gun Regulation: Should Tribes Exercise Their Sovereign Rights to Enact Gun Bans or Stand-Your Ground Laws?” (SSRN) in the Albany Law Review. Abstract: This essay examines tribal laws relating to guns. It then … Continue reading

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

(Likely) Fake Indian Claim Dismissed by Detroit Federal Court

Here are the materials in El Nefertit v. Powelson (E.D. Mich.): 1 Complaint 5 DCT Order Dismissing Complaint

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

Ann Tweedy on Tribal Gun Regulations

Ann Tweedy has posted “Tribes and Gun Regulation: Should Tribes Exercise Their Sovereign Rights to Enact Gun Bans or Stand-Your-Ground Laws?” on SSRN. Here is the abstract: This essay examines tribal laws relating to guns. It then discusses whether tribes … Continue reading

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

Minnesota COA Holds Warrantless Search of Tribal Casino Patron Not Covered by ICRA

Here is the opinion in State v. Yang. An excerpt: Appellant challenges his convictions of three counts of controlled substance crime in the first degree, arguing that security guards employed by the Mystic Lake Casino Hotel violated his Fourth Amendment … Continue reading

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

Disbarred Tribal Lay Advocate’s ICRA Suit Dismissed

Here are the materials in Young-Man v. Fallon Paiute-Shoshone Tribe (D. Nev.): 1 Complaint 5 MJ R&R Recommending Dismissal 6 DCT Order Adopting MJ R&R

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

ICRA Suit against Makah Tribe Dismissed by Federal Court

Here are the materials in Chamblin v. Greene (W.D. Wash.): 5 Motion to Dismiss 6 Response 8 Reply 9 DCT Order

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

Nooksack Tribal Court Dismisses St. Germain v. Kelly

Here: St Germain v. Kelly Defendants’ Motion to Dismiss and Brief in Support of Motion To Dismiss St Germain v Kelly Brief in Opposition to Defendants’ Motion to Dismiss Plaintiffs’ Cross Motion for Partial Summary Judgment St Germain v. Kelly … Continue reading

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