Here are the materials in In re Gabriel Galanda v. Nooksack Tribal Court (Wash. Super. Ct. — Whatcom County):
Author: Matthew L.M. Fletcher
Oglala Sioux Veteran Shot by Vegas Police
Here.
Final Commentary on TNToT: “Repeating the Mistakes of the Past in “The New Trail of Tears””
The final commentary on TNToT was published in the LA Review of Books.
An excerpt:
Riley’s real interest is to bring unfettered free markets and “property rights” to Indian country. She suggests the disestablishment of tribal land holdings as the solution to imaginary corruption, as well as to all the other problems in Indian country. In other words, corruption and mismanagement starts with sovereignty and collective property, so if we get rid of both Indians will be better off. Unsurprisingly, Riley hearkens back to the allotment policies enshrined under the Dawes Act, a federal program in the 19th century that mandated the confiscation of Indian reservations by the federal government, followed by the liquidation of those assets at pennies on the dollar of their market value and their public sale to non-Indians on the cheap. It was a state-sponsored land grab of unprecedented proportions with negative effects on Indians still felt to this day. What an odd model for a property rights advocate! Allotment meant the dispossession of 100 million acres of Indian lands from 1887–1934 and economic devastation from which most tribes have not, and maybe cannot, recover. The depredations of the Dawes Act are a major reason why federal law and policy was reoriented to protect tribal lands and sovereignty, yet Riley’s ahistorical analysis ignores all of this.
Nooksack Update (Post BIA Letter Developments)
Here is a pleading before the Nooksack Court of Appeals (NICS) in Belmont v. Kelly:
belmont-v-kelly-etc-brief-re-state-of-nooksack-tribal-judiciary-and-emergency-motion-for-misc-relief
And here is an order from the Nooksack Supreme Court (holdover council) in In re Orders Entered by Nooksack Tribal Court of Appeals:
Ninth Circuit Oral Argument Video in Agua Caliente v. Coachella Valley Water District
Eleventh Circuit Holds ADEA Does Not Abrogate Tribal Immunity
Here is the opinion in Williams v. Poarch Band of Creek Indians.
Briefs:
Lower court materials here.
BIA Will Not Recognize Actions of Holdover Nooksack Tribal Council
Here is the letter from ASIA Larry Roberts to Robert Kelly:
An excerpt:
We will not recognize any actions until duly elected officials are seated in accordance with the Tribe’s Constitution and Bylaws. This includes recent actions by you and two Council members to enjoin the authority of the Northwest Intertribal Court System (NICS). Since the NICS was authorized by a quorum of the Council to adjudicate matters prior to March 24, 2016, we will continue to recognize judicial decisions issued by the NICS.
BIA Enjoined from Entering into Separate 638 Contracts with Northern Arapaho and Eastern Shoshone
Here are the new materials in Northern Arapaho Tribe v. Lacounte (D. Mont.):
An excerpt:
Plaintiff’s Motion for Preliminary Injunction is GRANTED on the following terms: in accordance with the Gourneau Letter (Doc. 97-1), Defendants shall refrain from approving 638 contracts for multi-tribal, shared services without the approval, via tribal government resolution, of both the Northern Arapaho Tribe and the Eastern Shoshone Tribe.
Prior pleadings here.
Navajo Voting Rights Case Fails in Utah
Here are the materials in Navajo Nation Human Rights Commission v. San Juan County (D. Utah):
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