Tribal Codes

Casino Patron Brings Federal Suit over Interpretation of Tribal Tort Claims Act

Matthew L.M. Fletcher

Here is the complaint in Wilson v. Umpqua Indian Development Corporation (D. Or.):

1 Complaint

1-7 Tribal Court Decision

Update:

15 Motion to Dismiss

Massive NYTs Magazine Article on Nooksack Disenrollments

Matthew L.M. Fletcher

Here is “Who Decides Who Counts as Native American? Four years ago, the Nooksack in Washington State announced that they were expelling hundreds of members, setting off a bitter debate over tribal identity.”

Respondent’s Brief in Lewis v. Clarke

Sarah M Donnelly

Download(PDF): Brief for Respondent

Link: Lewis v. Clarke tag archive

Bloomberg Commentary on Cherokee Marriage Equality

Matthew L.M. Fletcher

Noah Feldman has published “Cherokees’ Gay-Marriage Law is Traditional.”

Petitioner’s Brief in Lewis v. Clarke

Matthew L.M. Fletcher

Here:

Brief for Petitioner

Other background materials here.

Fletcher Preview of Lewis v. Clarke

Matthew L.M. Fletcher

Here is “Supreme Court case could expose Indian tribes to new legal risks” at The Conversation.

Excerpt:

One would be tempted to think this is a case about fairness, about guaranteeing a forum for non-Indians to sue tribal employees who might be cloaked in a tribe’s immunity from the suit. In my opinion, fairness to the Lewis couple, however, comes at the expense of fairness to the tribe.

Recall that the tribe does provide a forum to resolve personal injury claims against it in tribal court, but with a one year limitations period. Under that law, the Mohegan tribal court has confirmed awards against tribal police officers; indeed, the tribe likely has settled thousands of claims over the years.

I have long argued that Indian tribes should provide an adequate forum to address the negligent actions of their employees. The Mohegan tribe has done so here by establishing a tribal court and a legal process for resolving personal injury claims. In fact, Mohegan was one of the earliest tribes to start doing so, way back in the 1990s. But personal injury lawyers have complained about Mohegan law because it bars punitive damages and other doctrines that can balloon judgment awards.

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Background materials on the case are here.

Revised: Penobscot Nation RFP for Constitution and Code Drafting

Matthew L.M. Fletcher

Here (PDF). The description:

This request for proposal (RFP) is to contract for legal drafting services to be provided for the Penobscot Nation, a federally recognized Indian tribe, for the period of December 1, 2016 to September 30, 2017.  Services to be provided will include assisting the Penobscot Nation Constitution Committee to draft its Constitution in time to be considered for adoption at the Nation’s June 2017 General Meeting (legislative body). Following the drafting of the Constitution, drafting of a code governing the operations of the Penobscot Nation Judicial System, comprised of the trial-level Tribal Court and the Court of Appeals will be undertaken.

New Law Review Note on Obergefell and Tribal Law

Ann Tweedy

Steven Alagna has published this interesting and important piece in Washington University Law Review.

Lewis v. Clarke Background Materials

Matthew L.M. Fletcher7 Comments

Merits Briefs:

Amicus Briefs:

Cert Stage Briefs:

Connecticut Supreme Court materials:

Other materials:

Nooksack Court of Appeals: Court Clerk in Contempt and Writ Against Tribal Council

Sarah M Donnelly2 Comments

In re Gabriel Galanda v Nooksack Tribal Court Order Finding Clerk Betty Leathers in Contempt.  This action concerns the Nooksack 306 attorneys’ separate complaint for disbarment, which the Court Clerk illegally rejected and continues to refuse to accept.

Belmont v Kelly Order Regarding Petition for Mandamus.  This is the disenrollment action, which hasn’t had a presiding judge since the Tribal Council fired her in March.  The Tribal Council has been told to either timely appoint a judge or lose the action.