Category Archives: Tribal Codes

Wilson v. Horton’s Towing Cert Petition [Montana; Exhaustion; Civil Forfeiture]

Here: Cert Petition Questions presented: 1. Does an Indian Tribe have authority under the second exception of Montana v. United States, 450 U.S. 544 (1981), to forfeit automobiles owned by non Native Americans for violation of tribal drug laws while on tribal … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court, Tribal Codes, tribal courts | Tagged , , , , , , , , ,

Fletcher: “Law, Politics, and the Constitution”

Here, on SSRN. The abstract: The question whether Congress may create legal classifications based on Indian status under the Fifth Amendment’s Due Process Clause is now reaching a critical point. Critics claim the Constitution allows no room to create race … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship, Tribal Codes, tribal constitutions, tribal membership, trust relationship | Tagged , , , ,

Federal Court Dismisses Complaint Asking an Order to Force Oneida Business Committee to Hold Meeting on Per Caps

Here are the materials in Dallas v. Hill (E.D. Wis.): 11 Amended Complaint 16 Motion to Dismiss 20 Opposition 22 Reply 25 DCT Order

Posted in Author: Matthew L.M. Fletcher, Research, Tribal Codes | Tagged , ,

Mitchell v. Tulalip Tribes Cert Petition

Here: mitchell-cert-petition.pdf Question presented: Does sovereign immunity bar the federal courts’ consideration of a declaratory judgment action to determine whether Respondent Tribes can exercise regulatory/taxing authority over real property owned in fee by Petitioners non-Indians, pursuant to allotments that were … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, Supreme Court, Tribal Codes, tribal courts | Tagged , , ,

Fourth Circuit Briefs in Williams v. Big Picture Loans

Here: appellant brief williams appellee brief center for responsible lending amicus brief conference of tribal lending commissioners amicus brief ncai amicus brief Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity, Tribal Codes, tribal courts | Tagged , , , , ,

Ninth Circuit Briefs in FMC Corp. v. Shoshone-Bannock Tribes

Here: FMC Opening Brief Tribal Appellee Brief FMC Reply Prior posts here.

Posted in Author: Matthew L.M. Fletcher, Research, Tribal Codes, tribal courts | Tagged , , , , ,

GTB Press Release: “Grand Traverse Band of Ottawa and Chippewa Indians Implements Authority to Prosecute All Persons, Including Non-Indians, for Domestic Violence”

Here: Peshawbestown, MI – During a legislative session today, the Tribal Council of the Grand Traverse Band of Ottawa and Chippewa Indians (GTB) enacted amendments to the Domestic Violence Ordinance authorizing tribal police and justice officials to investigate and prosecute … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Michigan Indian, News, Tribal Codes, tribal courts | Tagged ,

Ninth Circuit Affirms Mitchell v. Tulalip

Here is the unpublished opinion in Mitchell v. Tulalip Tribes: Opinion – Affirming Dismissal Briefs here.

Posted in Author: Matthew L.M. Fletcher, Research, Tribal Codes | Tagged , ,

New Scholarship on IP and Traditional Knowledge in Tribal Codes

Dalindyebo Bafana Shabalala has posted “Intellectual Property, Traditional Knowledge, and Traditional Cultural Expressions in Native American Tribal Codes” on SSRN. Here is the abstract: Indigenous peoples and nations have been making demands for protection and promotion of their intellectual property, … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship, Tribal Codes, tribal constitutions, tribal courts | Tagged ,

New Scholarship on the Tohono O’odham Legal Systems

Kyle Fields has posted “Tohono O’odham Legal Systems” on SSRN. Here is the abstract: This short essay surveys the Tohono O’odham’s legal system through three periods. First, it discusses the traditional O’odham legal system, which relied on himdag (culture or … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship, Tribal Codes, tribal constitutions, tribal courts | Tagged