Materials in Law Firm Dispute over Nisqually Representation and Privileged Document

Here are the materials in Galanda Broadman PLLC v. Kilpatrick Townsend & Stockton LLP (Wash. Super. Ct.):

Complaint

Defendant’s Motion for Protective Order

Plaintiff’s Opposition to Motion for Protective Order

Reply in Support of Motion for Protective Order

Surreply in Opposition to Motion for Protective Order

Surreply to Surreply on Motion for Protective Order

Order on Motion for Protective Order

Defendant’s Motion for Summary Judgment

Plaintiff’s Opposition to Motion for Summary Judgment

Reply in Support of Summary Judgment

Order on Motion for Summary Judgment

Alex Skibine on the Tribal Right to Exclude Nonmembers

Alexander Tallchief Skibine has posted “The Tribal Right to Exclude Non-Tribal Members from Indian-Owned Lands,” forthcoming from the American Indian Law Review, on SSRN.

Here is the abstract:

In 1981, the Supreme Court issued its decision in Montana v. United States, severely restricting the ability of Indian Tribes to assume civil regulatory and adjudicatory jurisdiction over non-tribal members for activities taking place on non-Indian lands within Indian reservations. The Court in Montana stated that “it could readily agree” with the Court of Appeals’ holding that the tribe could regulate the conduct of non-member on tribal lands. Yet, twenty years later, the Court issued its opinion in Nevada v. Hicks holding that in certain circumstances, the jurisdiction of Indian tribes could also be limited even if the activities of the non-members took place on Indian-owned lands.

It has been almost twenty years since Hicks and because of the cryptic and fractured nature of that decision, the federal circuits are divided and still trying to figure out under what circumstances tribal civil jurisdiction over non-members should be restricted when these activities take place on Indian-owned lands.

In this Article, I argue that among all the possible interpretations of Hicks, the one adopted by the Ninth Circuit makes the most sense. Under that interpretation, the so-called Montana framework used to divest tribes of jurisdiction is not applicable to cases where a tribe has retained the right to exclude. I argue that Hicks can be reasonably conceptualized as endorsing the 9th Circuit methodology. However, I also argue that Hicks should have been decided as a state jurisdiction cases and not a tribal divestiture of inherent sovereignty case. Re-imagining Hicks as a state jurisdiction case would not have changed the outcome but would have avoided the last twenty years of confusion surrounding how Hicks should be interpreted.

Highly recommended!

Muscogee (Creek) Nation SCT Decides Graham v. MCN Citizenship Committee [Creek Freedmen]

Here are the materials in Graham v. Muscogee (Creek) Nation Citizenship Committee (also here):

Doc.-4-Appellants-Brief-02242020

Doc.-14-Appellees-Response-Brief-06122020

Doc.-18-Appellants-Reply-Brief-07102020

Doc.-19-Order-and-Opinion-09172020

Grant Christensen on Indigenous Perspectives on Corporate Governance

Grant Christensen has posted “Indigenous Perspectives on Corporate Governance” on SSRN. Here is the abstract:

The foundation of the modern corporation is built upon the separation of labor and capital. These entities were anathema to most Indigenous peoples when the Virginia Company was chartered in 1606 for the purpose of settling American lands. Over centuries of colonization federal law worked to assimilate Native Americans. Tribes were encouraged, even forced, to create their own corporate entities. Indelibly, consistent with their inherent sovereignty, Indigenous groups fused autochthonous legal principles into these corporate structures. Today, in the shadow of the #BLM movement and societal demands that corporations become more responsive to their communities and to the environment, shareholder primacy has reached its nadir. As corporate governance seeks to replace it with something stakeholder centered autochthonous principles gleaned from Indigenous corporations offer a way forward. These proposed reforms are as varied as the chthonic law they are built upon and range from making nature itself a corporate shareholder to issuing shares that gain voting rights only after they have been held to maturity.

Federal Magistrate Recommends in Favor of Tribal Jurisdiction over Utility Co-op

Here are the new materials in Big Horn County Elec. Coop. v. Big Man (D. Mont.):

99 Big Horn Response to Big Man MSJ

100 Big Man Response to Big Horn MSJ

102 Tribal Response to Big Horn MSJ

104 Big Horn Reply

105 Big Man Reply

106 Tribal Reply

129 Magistrate Report

Prior post with additional briefing here.

Fourth Circuit Denies Enforcement of Tribal Payday Lending Arbitration and Governing Law Provisions in Two Decisions

Here are the materials in Gibbs v. Haynes Investments LLC:

Opinion

Gibbs Brief

Haynes Brief

NAFOA Amicus Brief

Reply

American Association for Justice Amicus Brief

Here are the materials in Gibbs v. Sequoia Capital Operations LLC:

Opinion

Sequoia Brief

NAFOA Amicus Brief

Gibbs Brief

Reply

Federal Court Dismisses Challenge to Tribal TERO Order

Here are the materials in Hanson v. Parisien (D.N.D.):

1 Complaint

1-1 Tribal Court Order

1-2 Tribal Appellate Court Order

16-1 Motion to Dismiss

18 Response

19 Reply

20 DCT Order