Tag Archives: tribal law
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 →
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 →
Here: US Cert Opp Brief Cert petition and link to lower court materials here.
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 →
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 →
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 →
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.
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.
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 →
I drafted a paper titled “Tribal Justice Systems” for the Allegheny College Undergraduate Conference “Democracy Realized? The Legacies of the Civil Rights Movement” and posted it on SSRN. You can download here. Here is the abstract: This short paper is … Continue reading →