Fletcher Materials for NAICJA Presentation on Tribal Attorney Regulation and ABA Rule 8.4(g) (Andrew Adams and Kristen Carpenter will join me)

Judge Andrew Adams III
Hon. Kristen Carpenter

Kristen’s paper is here.

These are excerpts of Fletcher’s presentation:

Continue reading

Red Cliff Band of Lake Superior Chippewa Indians v. CenturyTel of the Midwest – Kendall, LLC

Here are the materials so far:

pld-2019-08-02-centurytel-petition-for-writ-of-mandamus-or-alternatively-writ-of-prohibition.pdf

pld-2019-09-03-centurytel_s-brief.pdf

pld-2019-1001-tribe_s-appellate-brief-rc-v.-centurytel-of-midwest-kendall-llc.pdf

Alex Skibine on Legislating Tribal Civil Jurisdiction Over Non-Members

Alexander Tallchief Skibine has posted a very interesting paper, “Incorporation Without Assimilation: Legislating Tribal Civil Jurisdiction Over Non-Members,” on SSRN. It is forthcoming in the UCLA Law Review Discourse.

The abstract:

For the last 40 years the Supreme Court has been engaged in a measured attack on the sovereignty of Indian tribes when it comes to tribal court jurisdiction over people who are not members of the tribe asserting that jurisdiction. The Congress has already enacted legislation partially restoring some tribal courts’ criminal jurisdiction over non-members. This Essay proposes to legislatively reconfirm the civil jurisdiction of tribal courts over such non-members. After examining the Supreme Court’s jurisprudence in this area and summarizing the Court’s main concerns with such tribal jurisdiction, this Essay explores various legislative options before settling on a preferred course of action. The proposal set forth in the last part of this Essay would reconfirm tribal court civil jurisdiction over non-members provided the tribal courts has established personal jurisdiction over the parties. However, tribal courts’ determinations on this subject would be appealable to federal courts. Furthermore, the Essay proposes to allow non-members being sued in tribal courts the option of removing their cases to federal courts under certain conditions.

Update in San Pasqual Band Membership Suits

Here are the materials in Alegre v. United States (S.D. Cal.):

44 second Amended Complaint

46-1 US Motion to Dismiss

48 Response

49 Reply

50-1 Individual Defendants MTD

53 Response

59 DCT Order Dismissing SAC

62 Third Amended Complaint

68-1 US Motion to Dismiss

79 Response

83 Individual Defendants Reply

85 US Reply

98 DCT Order Dismissing Third Amended Complaint

H.R.3977 – To amend the Indian Civil Rights Act of 1968 to extend the jurisdiction of tribal courts to cover crimes involving sexual violence, and for other purposes.

Introduced by Rep. Haaland.

BILLS-116hr3977ih

Tribal Courts and Child Welfare Podcast Series from ACF

Here.

Tribal Courts and Child Welfare Series

Fourth Circuit Favors Tribal Immunity in Williams v. Big Picture Loans LLC

Here is the opinion.

Briefs here.