Joel West Williams on American Indian Prisoner Religious Freedoms

Joel West Williams of NARF has published “Walking the Red Road in the Iron House” in American Jails (PDF).

Preliminary Injunction Issued by Paskenta Tribal Court

Here is the order in Freeman v. Freeman (Paskenta Tribal Court):

PTCV-14-001-2014-5-29 – Preliminary Injunction Order

Materials here.

Northwestern Univ. Founder John Evans Condemned for “Political and Moral Role” in Sand Creek Massacre

Here is the link to the “Report of the John Evans Study Committee.”

Here is the news coverage.

Federal Court Orders Garnishment of Gila River Member’s Per Caps

Here are the materials in United States v. Webb (D. Ariz.):

153 US Writ for Garnishment

162 Webb Response

175 MJ R&R

177 DCT Order

 

Tribal and Federal Amicus Briefs in Prisoner Religious Freedom Case before SCOTUS

Here:

Amicus NCAI and Huy

Amicus United States

The Court granted the petition here.

SCOTUSblog’s page on the case is here. Petitioner’s brief is here: Petitioner’s Brief

Federal Courts Dismiss Federal Habitual Domestic Violence Offender Indictments Due to Uncounseled Tribal Court Convictions

Here are the materials in United States v. Kirkaldie (D. Mont.):

21 Motion to Dismiss

24 US Response

39 DCT Order

And in United States v. Stewart (D. Mont.):

20 Stewart Motion to Dismiss + Tribal Court Docs

21 US Response

28 DCT Order

 

 

Kahente Horn-Miller on Kahnawà:Ke’s Community Decision Making Process

Kahente Horn-Miller has posted “What Does Indigenous Participatory Democracy Look Like? Kahnawà:Ke’s Community Decision Making Process” on SSRN. The paper has been published in the Review of Constitutional Studies.

Abstract here:

With the 1979 Community Mandate to move towards Traditional Government, the community of Kahnawà:ke has consistently requested more involvement in decision-making on issues that affect the community as a whole. The Kahnawà:ke Community Decision Making Process is a response to the community’s call for a more culturally relevant and inclusive process for making community decisions and enacting community laws. The Process is a transitionary measure to assist and facilitate the legislative function of Kahnawà:ke governance. This paper examines the development of the process and how it functions in the modern setting of Kahnawà:ke with the goal of illustrating Indigenous participatory democracy in action.

Kyle Whyte on Shifting Interactions between Indigenous and Non-Indigenous Parties in US Climate Adaptation Contexts

Kyle Whyte has posted “A Concern About Shifting Interactions between Indigenous and Non-Indigenous Parties in US Climate Adaptation Contexts“on SSRN.

Here is the abstract:

Indigenous peoples everywhere are preparing for or already coping with a number of climate change impacts, from rising sea-levels to shifting harvesting seasons. It is plausible that the capacity for environmental protection of two political institutions will change in relation to certain impacts: treaties and indigenous governmental jurisdictions recognised by the federal governments of nations such as the USA or Canada. This essay explores critically whether current solutions for these changes depend far too crucially on non-indigenous parties’ coming to an appropriate understanding of indigenous culture and self-determination.

Law & Society Indian Law Roundtable — Saturday, May 31, 2014

Kate Fort and Carrie Garrow organized a nice group of fabulous Indian law scholars, if we don’t say so ourselves, for the 2014 Law & Society meeting. Please join us!

Changing the Inequalities of Indian Law

Sat, 5/31: 10:15 AM  – 12:00 PM
0422
Roundtable Session
Saturday Session 2
University of St. Thomas
Room: MSL 235
This Roundtable looks at contemporary issues in both federal and tribal American Indian law. The fundamental inequalities surrounding federal Indian law will be engaged through discussions of ethics, statutory interpretation, sovereign responsibilities and constraints, and tribal customary law.

Chair

Carrie Garrow, Syracuse University College of Law

Discussant

Kathryn Fort, Michigan State University College of Law

Participant(s)

Kirsten Carlson, Wayne State University Law School
Matthew Fletcher, Michigan State University College of Law
Stephen Gasteyer, Michigan State University
Colette Routel, William Michell College of Law
Wenona Singel, Michigan State University College of Law
Victoria Sweet, Michigan State University College of Law

There are also other great panels at L&S:

Continue reading →