Tribal Codes

The Wisconsin Experiment

Teresa Walrod1 Comment

“Donald Trump’s war on the environment was prototyped by far-right politicians in state government. We can learn from Indigenous communities who fought back in the name of science and democracy — and won.“

In the opening months of the Trump administration, we have seen concerted attacks on science, environment, and democracy. Climate change denier Scott Pruitt was put in charge of the Environmental Protection Agency, although he could not name a single regulation he favors. Congress revoked rules against dumping mining waste in streams, and the president began rolling back Obama-era climate actions. The draft federal budget includes deep cuts to the EPA, NOAA, and public lands agencies, slashing more than 50 programs, including environmental justice. 1 If dismantling environmental law is the first step toward what White House strategist Steve Bannon calls “the deconstruction of the administrative state,” 2 that’s because it touches everything Trump holds in contempt: empirical evidence, international cooperation, democratic process, the rights of minorities, the future itself.

HERE

Split Ninth Circuit Dismisses ICRA Banishment Challenge

Matthew L.M. Fletcher1 Comment

Here is the opinion in Tavares v Whitehouse.

Briefs:

Appellant Brief

Appellee Brief

Reply Brief

Lower court materials here.

Federal Court Dismisses Pro Se Wrongful Termination Claim against White Earth Ojibwe

Matthew L.M. Fletcher

Here are the materials in Harper v. White Earth Human Resources (D. Minn.):

9-motion-to-dismiss

26-magistrate-report

28-dct-order

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.