Tribal Codes

Information Request on Tribal Same-Sex Marriage Laws and Proposals

Ann Tweedy

I’m researching tribal laws and legislative proposals related to same-sex marriage. If you are interested in helping and have information on actual tribal laws or proposed laws relating to same-sex marriage (either allowing it or prohibiting it), please email me at atweedy01@hamline.edu. I’m interested in proposals that failed as well as those that passed. Any non-confidential information, such as the text of the laws or proposals, legislative history, or anecdotal information on how the process worked or how it was initiated would be greatly appreciated. Thank you!

Federal Court Enjoins Enforcement of Navajo Employment Preference Law against Salt River Project

Matthew L.M. Fletcher2 Comments

Here are the materials in Salt River Project Agricultural Improvement & Power District v. Lee (D. Ariz.):

DCT Order Granting Salt River Project Motion

Salt River Project Motion for Summary J

Navajo Cross-Motion

Salt River Project Reply

Navajo Reply

This case is on remand from the Ninth Circuit, materials here.

For more background on the Navajo Preference in Employment Act, see Howard Brown and Ray Austin’s excellent article here.

News Coverage of Eastern Band Cherokee Statute Imposing Fines on DV Offenders

Matthew L.M. Fletcher1 Comment

Here. An excerpt:

The Eastern Band of Cherokee Indians is hitting domestic violence abusers in their pocketbooks.

People convicted of domestic violence-related charges must now pay a $1,000 fine, in addition to other penalties handed down by tribal court. Tribal council approved of the measure at its meeting last week.

“We are hoping this will make them stop and think,” said Iva Key, the Eastern Band’s Domestic Violence program manager. “A lot of these are repeat offenders,” Key said later.

Money collected from the fine will be split 50-50 between services for victims of domestic violence and other tribal initiatives such as education.

A possible downside to the fine, however, is the financial hardship it might cause, especially if a family is trying to reunite and rebuild after an incident of abuse. Not everyone has $1,000 of disposable income, which means that money cannot be spent on necessities for the family.

 

NYTs (Liptak) on SCT Cert Petition involving Cherokee ICWA Case

Matthew L.M. Fletcher1 Comment

Here.

Seventh Circuit Briefs in Challenge to Martin Webb Payday Lending Company’s Forum Selection Clause

Matthew L.M. Fletcher2 Comments

Here are the briefs in Jackson v. Payday Financial LLC:

Jackson Opening Brief

PayDay Financial Answer Brief

Jackson Reply Brief

Lower court materials here.

 

Ninth Circuit Affirms Tribal Immunity from Antitrust Claims relating to Tribal Tax Agreement

Matthew L.M. Fletcher5 Comments

Here is the opinion and materials in Miller v. Wright.

The court’s syllabus:

Affirming the district court’s dismissal of an antitrust action brought by cigarette vendors challenging taxes imposed by virtue of the authority vested in an Indian tribe, the panel held that the district court lacked subject matter jurisdiction in light of the tribe’s sovereign immunity. The panel held that the tribe did not implicitly waive its sovereign immunity by agreeing to dispute resolution procedures nor by ceding its authority to Washington State when entering into a cigarette tax contract. The panel also held that federal antitrust law did not explicitly abrogate tribal immunity, and the Sherman Antitrust Act was not a law of general applicability vis-a-vis the tribe. The panel held that tribal officials were protected by the tribe’s sovereign immunity because they acted pursuant to the tribe’s authority. The panel also affirmed the district court’s alternative ruling that the action was barred by res judicata in light of prior litigation in state and tribal courts.

Here are the briefs:

Miller Opening Brief

Puyallup Answer Brief

Miller Reply Brief

Lower court materials here.

Ryan Seelau on Native Juvenile Justice Systems

Matthew L.M. Fletcher

Ryan Seelau has published, “The Kids Aren’t Alright: An Argument to Use the Nation Building Model in the Development of Native Juvenile Justice Systems to Combat the Effects of Failed Assimilative Policies,” in the Berkeley Journal of Criminal Law.

Federal Court Orders DISH Network to Exhaust Tribal Remedies in Challenge to Tribal Regulatory Authority

Matthew L.M. Fletcher1 Comment

Here is the order in DISH Network v. Tewa (D. Ariz.):

DCT Order in DISH v Tewa

Briefs are here.

Ninth Circuit Oral Argument Audio in Grand Canyon Skywalk — UPDATE

Matthew L.M. Fletcher1 Comment

Here.

News coverage from WaPo. More detail from HuffPo.

I will note that at the end of oral argument one of the Ninth Circuit judges found part of the Grand Canyon Skywalk Development LLC’s opening brief “offensive,” “histrionic,” and “vituperative.” There was a “big frown face on the opening brief.” Lots of frustration in this case.

 

Opening Seventh Circuit Brief in Challenge to Martin Webb Payday Lending Company’s Forum Selection Clause

Matthew L.M. Fletcher

Here is the opening brief in Jackson v. Payday Financial LLC:

Jackson Opening Brief

Lower court materials here.