Tribal Codes

Here:

Other background materials here.

Fletcher Preview of Lewis v. Clarke

November 14, 2016November 14, 2016Matthew 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

November 9, 2016November 9, 2016Matthew 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

November 3, 2016Ann Tweedy

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

Lewis v. Clarke Background Materials

October 6, 2016January 3, 2017Matthew 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

June 29, 2016June 29, 2016Sarah 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.

White Plume Family Prevails in Industrial Hemp Claim

March 30, 2016Matthew L.M. Fletcher1 Comment

Here are the materials in United States v. White Plume (D.S.D.):

125 Motion to Vacate

136 US Opposition

137 Reply

140 Oglala Sioux Tribe Amicus Brief

143 DCT Order Granting Motion

An excerpt:

What is material to the court’s analysis is the shifting national focus on industrial hemp as a viable agricultural crop and the decision of the Attorney General of the United States to engage in a dialogue with the various tribes on the relationship between the CSA and the Agricultural Act of 2014. The government did not challenge Mr. White Plume’s assertion that “[w]ith the Agricultural Act of 2014, the Federal government joined the twenty-two states that have enacted legislation on industrial hemp.” (Docket 125 at p. 7) (reference omitted). Nor did the government challenge the representation that seven states have ventured into the area of agricultural or academic research of industrial hemp.