Tribal Codes

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.

Matthew L.M. Fletcher

Introduced by Rep. Haaland.

BILLS-116hr3977ih

Tribal Courts and Child Welfare Podcast Series from ACF

Kate Fort

Here.

Tribal Courts and Child Welfare Series

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

Matthew L.M. Fletcher

Here is the opinion.

Briefs here.

Pokagon Peacemaking Discussion

Matthew L.M. Fletcher

SG Recommends GVR in Poarch Band v. Wilkes

Matthew L.M. Fletcher

Here is the brief:

sg-invitation-brief-1.pdf

An excerpt:

This brief is submitted in response to the Court’s order inviting the Solicitor General to express the views of the United States. After the petition for a writ of certiorari was filed, amendments to tribal law were proposed that could substantially affect the basis for the decision of the Supreme Court of Alabama in this case. In the view of the United States, if those changes are enacted, the petition should be granted, the judgment vacated, and the case remanded for further proceedings.

Cert stage materials are here.

UPDATE:

17-1175SupplementalBriefForRespondents

Petitioners Supplemental Brief

Fourth Circuit Oral Argument Audio in Williams v. Big Picture

Matthew L.M. Fletcher

Here.

Briefs here.

News Profile: “Can Oglala Sioux Tribe ban Gov. Kristi Noem from reservation? Here’s what the law says”

Matthew L.M. Fletcher

Here.

Bay Mills Marijuana Ordinance and Press Release

Matthew L.M. Fletcher

Here:

BMIC PR-MJ_04102019

Res.19-4-8EMarijanaOrdinance

Res.19-4-8FTribalCodeAddition

Request for Information on Tribal Government Responses to #MeToo

Ann Tweedy

I am an attorney, adjunct professor, and scholar conducting research on tribal responses to #MeToo. If you know of Tribes that have adopted personnel policies or code provisions in response to the #MeToo movement and are able to send me information or links to the relevant provisions, I would greatly appreciate it. You can reach me at ann at anntweedy.com. Thank you in advance!

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

Matthew L.M. Fletcher

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 land?

2. If so, does the Tribe have authority to seize a motor vehicle off reservation if it has probable cause to believe that the automobile previously contained illegal drugs while on tribal lands?

Lower court materials here.