marceau-v-blackfeet-housing-authority-cert-petition
The SCT Project’s materials on this case are here.
Tribal Codes
Attorney’s Process and Investigation Services v. Sac and Fox Tribe — Case Reopened
This case arises out of alleged tortious nonmember conduct during the leadership dispute at Meskawki a few years back. In 2005, the Northern District of Iowa applied the tribal court exhaustion doctrine as justification for staying the case (nov-2005-dct-order). The tribal court’s processes have run (motion-to-reopen-case [includes tribal court decision]), and now the case has been reopened (dct-order-reopening-case).
This will be a very interesting application of the Montana test, if the court reaches the merits.
Dollar General v. Mississippi Band of Choctaw Indians — Tribal Court Jurisdiction — Updated
The Southern District of Mississippi granted a TRO against the tribal court in a case brought by tribal members against the owner of a Dollar General on tribal trust land. How this case doesn’t meet the Montana 1 test is beyond me.
Here are the materials:
Indian Law-Related Panels at AALS
Thursday, January 8, 2009, 8:30-10:15
Section on Indian Nations and Indigenous Peoples
Columbia 3, North Tower/Lobby Level, San Diego Marriott Hotel & Marina
New Directions for International Law and Indigenous Peoples
(Program to be published in Idaho Law Review)
The United Nations’ adoption of the “Declaration on the Rights of Indigenous Peoples” in September 2007 marked an historic moment for the world’s 300 million indigenous peoples. The Declaration is the first time that the United Nations has formally recognized indigenous peoples’ rights to self-determination and control over their lands and natural resources. This year’s program will address the following issues related to the Declaration: How can the Declaration be used to improve the lives of indigenous peoples; What national laws and policies violate the Declaration, and what are the most effective remedial measures to address these violations?; and, How will the Declaration influence Congress, the administration and the courts?
Business Meeting at Program Conclusion.
Robert T. Coulter – Speaker
Angelique A. Eaglewoman – Speaker
G. W. Rice – Speaker
Wenona T. Singel – Moderator
Anishinaabek Leader on the Canadian Indian Act
From the North Bay Nugget:
Message from Grand Council Chief John Beaucage–
Prior to contact, the Anishinaabe lived in peace and harmony with each other, living off the bounty of our Mother Earth. We acknowledged each other- our distinct bands and traditional territories. We respected our boundaries — not borders — out of respect for our neighbours. We harvested only what was needed, always mindful of sacred law and ensuring our food sources — the plants, animals, birds and fish — would remain abundant for seven generations into the future.
We governed ourselves according to that same sacred law. The Creator gave us the Clan System as a means to govern our day-to-day affairs, set priorities, and look after the needs of the community as a whole.
Federal Court Rejects Tribal Court Jurisdiction under VAWA
The Western District of Washington rejected a claim that the Violence Against Women Act confers tribal court jurisdiction over personal protection orders issued against non-Indians. In this case, Martinez v. Martinez, the Suquamish Tribal Court had issued a PPO against a non-Indian man in favor of an Alaskan Native woman. They both lived on non-Indian-owned land on the Port Madison Reservation. The court also ruled that the tribal court exhaustion doctrine does not apply in this case.
Here are the materials:
defendant-martinez-motion-to-dismiss
suquamish-tribe-motion-to-dismiss
plaintiff-martinez-response-to-motions
Timbisha Shoshone Leadership Dispute
Two rival factions of the Timbisha Shoshone Tribe have been duking it out in federal court. One band sought a TRO preventing the enforcement of a BIA decision to recognize the other, but the Eastern District of California denied the motion on Dec. 23, on the grounds that adequate remedies at law remain, including administrative remedies. Here are the materials:
timbisha-v-kempthorne-complaint [includes BIA materials]
motion for TRO [includes Timbisha tribal constitution]
State v. Beasley — Idaho Court of Appeals Affirms Conviction at Fort Hall
Here is the opinion. An excerpt:
The district court did not err by denying Beasley’s motion to dismiss. Trooper Winans was not outside his jurisdiction when he arrested Beasley, as the state and the Shoshone-Bannock tribes share concurrent jurisdiction over Interstate 15 where it crosses the Fort Hall Indian Reservation. Furthermore, the tribal extradition code does not apply to arrests by state agents in areas of concurrent jurisdiction. Therefore, the arrest was not illegal and the district court was not required to relinquish jurisdiction over Beasley. Beasley’s judgment of conviction is affirmed.
GTB Compensation Committee Sues over Councilor Pay
From Indianz:
The outgoing chairman of the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan is being sued in tribal court over salaries of tribal council members.
The tribe’s Compensation Committee set the base council salaries at $60,000. Those serving as vice chair, secretary and treasure were supposed to receive base pay of $65,000. But right before this year’s election, chairman Robert Kewaygoshkum set higher salaries for some council members, according to the suit filed by the Compensation Committee. Kewaygoshkum reportedly makes around $100,000. Kewaygoshkum was defeated by Derek Bailey after a second election was held in September.
Get the Story:
Suit targets tribal head over new salary levels (The Leelanau News 12/15)
Academic Review: Susan Gray, David Wilkins & Sheryl Lightfoot, and Siegfried Weissner
Here are a few recent scholarly articles of interest to the blog:
Susan Gray, Miengun’s Children: Tales from a Mixed-Race Family, 29:2&3 Frontiers 136 (2008) — article about the children of Northport, Michigan missionary George N. Smith
David Wilkins & Sheryl Lightfoot, Oaths of Office in Tribal Constitutions, 32 Am. Indian Q. 389 (Fall 2008)
Siegfried Weissner, Indigenous Sovereignty: A Reassessment in Light of the UN Declaration, 41 Vand. J. Int’l L. 1141 (2008)
Turtle Talk 
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