New Student Scholarship on Tribal Disenrollments

John K. Crawford (Forest County Potawatomi) has published “Disenrollment as Citizenship Revocation: Promoting Tribal Sovereignty by Embracing International Norms” in the Yale Law Journal.

Here is the abstract:

This Note argues that Indian tribes can best address disenrollment by viewing the problem through the lens of international norms regarding citizenship revocation. Tribal officials and members, advocates and journalists, and scholars and practitioners of federal Indian law typically understand disenrollment, which is when a tribe severs its governmental relationship with certain members, as a practice unique to Indian Country. However, while tribes’ unique legal status facilitates disenrollment, this practice can nevertheless be understood as a form of citizenship revocation, which is when a state deprives certain persons of their previously held citizenship. By understanding disenrollment as citizenship revocation, tribes can draw from a wide body of existing literature about states’ citizenship-revocation regimes when considering limitations on their power to disenroll. If tribes choose to address disenrollment by embracing international norms regarding citizenship revocation, they will not simply invoke tribal sovereignty, as sometimes occurs under the current status quo, but instead promote it by advancing good governance and aligning their sovereignty with state sovereignty.

This is no reflection on the quality of this paper, which seems excellent, but I have a limited number of Yale pics. And this one is straight fire.

Complaint in Alaska Native Tribal Health Consortium v. Kennedy

Here:

Federal BIO in Sault Tribe Gaming Lands Case

Here is the brief in Sault Ste. Marie Tribe of Chippewa Indians v. Burgam:

Cert petition here.

Alaska Federal Court Dismisses Most of Challenge to Gold Mine Project

Here are the materials so far in Village of Dot Lake v. U.S. Army Corps of Engineers (D. Alaska):

1 Complaint

11-1 Federal Motion to Dismiss

16 Tribe Response

17 Reply

23 DCT Order

Washington SCT Oral Argument in Immovable Property Case

Here is the oral argument video in Flying T Ranch v. Stillaguamish Tribe of Indians.

Briefs here.

S’posed to be immovable property.

New Book: “Beyond Blood Quantum: Refusal to Disappear”

Buy here from Fulcrum Books.

Sixth Circuit Rejects Sault Tribe’s Objections to 2023 Consent Decree re: 1836 Treaty Rights

Here is the opinion in United States v. Michigan:

Jiiman sink??

Briefs here.

California COA Orders Tribal Consultation under CEQA

Here are the available materials in Koi Nation of Northern California v. City of Clearlake:

A169438 [opinion]

Opening Brief

Respondent Brief

City Answer to State Amicus Brief

City Answer to Tribal Amicus Brief 

Kansas Federal Court Allows Prairie Band to Amend Complaint against Sheriff

Here are the new materials in Prairie Band Potawatomi Nation v. Morse (D. Kan.):

26 PBPN Response to 25

27 PBPN Motion to Amend Complaint

27-1 Proposed Amended Complaint

28 County Reply re 25

29 County Response to Motion to Amend

30 PBPN Reply ISO 27

31 DCT Order Granting 27

Prior post here.