Tribal Codes

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.

Same-Sex Marriage Toolkit for Tribes

Ann Tweedy1 Comment

A Toolkit for tribes to assist them in revising their laws to be more inclusive of, and provide more recognition of, the rights of LGBT persons has been created and is available. More information is here.

Navajo Nation CLE at Arizona State

Matthew L.M. Fletcher

Navajo Nation Law CLE Conference

Friday, November 30, 2012 / 8:30 a.m. – 5:15 p.m.
Sandra Day O’Connor College of Law at Arizona State University / Armstrong Hall / Great Hall/ Tempe campus

Indian Legal Program at the Sandra Day O’Connor College of Law at ASU and the National American Bar Association of Arizona are hosting a conference that will offer a survey of ethical, social, cultural, employment, economic development, political and legal issues affecting the Navajo Nation. It is ideal training for tribal court advocates, tribal court practitioners, tribal court prosecutors, tribal court defenders, tribal council members, Indian law attorneys and attorneys practicing on and near the Navajo Nation Reservation, tribal liaisons, government legislators, Navajo Nation Bar members, law students, as well as teachers/professors and students of American Indian studies.

This conference may qualify for up to 8 CLE credit hours for Navajo Nation Bar Association, and New Mexico MCLE credits, including 2 credit hours Navajo Ethics* – approval pending. The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may quality for up to 8 hours toward your annual CLE requirement, including 2 hours of professional responsibility.

http://conferences.asucollegeoflaw.com/navajolaw/

Sessions include: Continue reading →