Tag Archives: tribal law

ILADA Blog [McGill Law]: Seasonal Thematic Contributions by Indigenous Legal Scholars

Here: Season 1:  Law Through Language (2018) Our first season focuses on language as law: within the context of language revitalization, how do Indigenous laws pronounce themselves through language? How can Indigenous laws be strengthened, given the impact of colonialism … Continue reading

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

Greg Bigler on Traditional Jurisprudence

Judge Gregory Bigler has posted “Traditional Jurisprudence and Protection of Our Society: A Jurisgenerative Tail” on SSRN. Here is the abstract: This paper is an exercise in self-discipline organizing thoughts from a long period of work and life that explores … Continue reading

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

Grant Christensen on Recent SCOTUS Decisions on Personal Jurisdiction and Tribal Courts

Grant Christensen has posted “Personal Jurisdiction and Tribal Courts after Walden and Bauman: The Inadvertent Impact of Supreme Court Jurisdictional Decisions on Indian Country.” Here is the abstract: In 2014 the United States Supreme Court added two new cases to the … Continue reading

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

United States Cert Opposition Brief in Nebraska v. Parker

Here: US Cert Opp Brief Cert petition and link to lower court materials here.

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

State of Nebraska v. Parker Cert Petition

Here: State of Nebraska v Parker cert petition Questions presented: In Solem v. Bartlett, the Court articulated a three-part analysis designed to evaluate whether a surplus land act may have resulted in a diminishment of a federal Indian reservation. See … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court | Tagged , , , , , , , , , , , , , , , | 2 Comments

Eighth Circuit Rules Omaha Indian Reservation Not Diminished

Here is the opinion. An excerpt: Based upon the record evidence, the district court in this matter has done just that–accurately discerned the contemporaneous intent and understanding of the 1882 Act. The court carefully reviewed the relevant legislative history, contemporary … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , , , , , , , , , , , | 3 Comments

Ann Tweedy on Tribal Laws & Same-Sex Marriage

Our own Ann Tweedy has posted her very interesting and relevant paper, “Tribal Laws & Same-Sex Marriage: Theory, Process, and Content,” on SSRN. Here is the abstract: In 1996, Congress, in enacting the federal Defense of Marriage Act (DOMA), took … Continue reading

Posted in Author: Matthew L.M. Fletcher, Legislation, marriage equality, Scholarship, Tribal Codes | Tagged , , , | 1 Comment

Eighth Circuit Briefs in Smith v. Parker — Formerly a Tribal Court Jurisdiction Matter, Now a Reservation Boundaries Matter

Here: Nebraska Opening Brief Tribe Brief US Brief Nebraska Reply Brief Lower court materials and links to prior iterations of this case here.

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , , , , , , , , , , , | 2 Comments

Opening Eighth Circuit Brief in Smith v. Parker — Formerly a Tribal Court Jurisdiction Matter, Now a Reservation Boundaries Matter

Here: Nebraska Opening Brief Lower court materials and links to prior iterations of this case here.

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

Federal Court Holds Omaha Reservation Not Diminished in Tribal Liquor Jurisdiction Matter

Here are the new materials in Smith v. Parker (D. Neb.): 134 Nebraska Response 135 US Response 136 Village of Pender Response 138 Omaha Tribe Response 140 Opinion Cross-motions for summary judgment and briefs are here. Prior posts here, here, … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, treaty rights, tribal courts, trust relationship | Tagged , , , , , , , , , , , , | 4 Comments