Tribal Codes

Saginaw Chippewa Boxing Controversy

Matthew L.M. Fletcher1 Comment

From BoxingScene.com:

By Keith Terceira

This article first began to develop when we were contacted by the Bronco McKart camp asking me to look into irregularities on the fight card that took place on March 29 at the Soaring Eagle Casino in Mt. Pleasant, Michigan. This fight card was to take place under the oversite of the newly formed Boxing Commission of the Saginaw Chippewa Indian Nation. I was provided with documents that were at best a product of bad math and at worst altered scorecards.

First in the interest of full disclosure, I have a particular interest in the political and economic concerns of the First People of both the United States and of Canada. My mother’s people can be traced to both the Mi’kmaq of Nova Scotia and the Caldwell Band of Potawatomis.  I myself am registered Metis in Canada and am proud of my ancestry. Therefore, it was with much trepidation that I wrote this report at all because in this country what reflects badly on one tribal nation reflects badly on all.

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US v. Erickson — Denial of Motion to Suppress Based on Violation of Tribal Law

Matthew L.M. Fletcher1 Comment

Here are the materials, in a case involving actions of the Rosebud Sioux Tribe’s law enforcement as arresting officers:

erickson-motion-to-suppress

us-response-to-erickson-motion-to-suppress

supplement-to-motion-to-suppress

us-supplemental-response

report-recommendation-us-v-erickson

rosebud-sioux-tribe-ordinance-91-05

Birdnecklace v. Steele — Federal Court Challenge to Oglala Sioux Election

Matthew L.M. Fletcher

Sr. District Judge Bogue dismissed this claim, brought under 42 U.S.C. sec. 1985. Here are the materials:

oglala-sioux-election-coa-order

oglala-sioux-sct-order

birdnecklace-amended-complaint

birdnecklace-motion-for-default-judgment

steele-motion-dismiss

steele-motion-to-dismiss-exhibit-1

steele-motion-to-dismiss-exhibit-3

birdnecklace-dct-opinion

Kirsty Gover on Tribal Membership Criteria

Matthew L.M. Fletcher1 Comment

Kirsty Gover, a grad student, has posted “Genealogy as Continuity: Explaining the Growing Tribal Preference for Descent Rules in Membership Governance” on SSRN. Here is the abstract:

This article presents the findings of a large-scale study of current and historic tribal membership rules contained in the constitutions of federally-recognized tribes. The constitutions of 245 tribes in the lower 48 states are surveyed. The article explains changes in membership governance by reference to changes in the political, legal and social environments of tribes, including especially shifts in federal Indian policy and tribal demography. It discusses the increasing tribal preference for lineal descent and tribal blood quantum rules, relative to older criteria such as parental enrollment, parental residence and Indian blood quantum rules. It explains that these rules are tribe-specific, in contrast to the pan-tribal measures of Indianness and Indian blood quantum used in federal law and policy, and suggests that while tribes deploy familiar administrative mechanisms, such as blood quantum, they increasingly refashion these as measures of genealogy rather than race. It further argues that these rules are a form of tribal self-help, that assist a tribe to repair disruptions in its continuity, especially those occurring as a result of the operation of termination policy.

NILL Blog Posting on Model Tribal Secured Transactions Act

Matthew L.M. Fletcher1 Comment

From NILL:

The conference proceedings for “Sovereignty symposium 2007 : making medicine” (2007) provide a wealth of information on the Model Tribal Secured Transactions Act. The Act itself is provided, along with analysis, sample tribal codes/regulations and sample tribal compacts (or intergovernmental agreements). Much of the information is reprinted with permission from the National Conference of Commissioners on Uniform State Laws and can be accessed at the NCCUSL’s web site.

For more information, go to the National Indian Law Library’s online catalog at http://nillcat.narf.org/ Then type “security law” into the Subject Terms field.

Training on Model Tribal Secured Transactions Act

Matthew L.M. Fletcher1 Comment

From the Houston Chronicle:

BROOMFIELD, Colo. — American Indians who had trouble getting loans because of a disparity between tribal and state laws are learning about new legislation that could make the process easier.

Representatives from about a dozen tribes around the country are expected to attend a meeting in this Denver suburb Friday and Saturday to discuss a model tribal law first adopted by Montana’s Crow Tribe last month.

Banks have previously been reluctant to loan money to people on reservations because of the difficulty of going through tribal courts if the borrower defaults. Under the “Model Tribal Secured Transaction Act,” tribal laws would conform to state laws if a default case ends up in tribal court.

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Long Family and Amici Briefs Supporting Respondent Filed

Matthew L.M. Fletcher

All the bottom side briefs in the Plains Commerce Bank v. Long Family Land & Cattle Co. have been filed and are available at the NARF/NCAI Supreme Court Project website here.

The Bank’s reply brief is due shortly.

Nooksack Drug Testing Challenge

Matthew L.M. Fletcher

From the Bellingham Herald:

Four members of the Nooksack Indian Tribe have filed suit in tribal court, challenging an election ordinance that requires tribal council candidates to pass a drug test before they can get on the ballot.

Charlotte Geleynse had hoped to be on the ballot for the March 15 election as a member of the “It’s Our Future” slate advocating sweeping change to tribal governance, but she refused to submit to the test.

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ICT: Saginaw Chippewa vs. the Unions

Matthew L.M. Fletcher

From ICT:

MOUNT PLEASANT, Mich. – In an effort to ward off unionization efforts under the federal National Labor Relations Act, some tribes have adopted labor laws that allow employees to organize under tribal law. The Saginaw Chippewa Indian Tribe has taken a different approach.

”The position of this tribe is that the National Labor Relations Act does not apply to Indian tribes and the National Labor Relations Board does not have jurisdiction, and, that being the case, we don’t believe we have to adopt an ordinance that allows union organizing to occur. The ordinance the tribe adopted prohibits union organizing,” said Saginaw Chippewa attorney Sean Reed.

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Spota v. Jackson (NY Ct. App.) — “Intruders” under NY Indian Law

Matthew L.M. Fletcher1 Comment

In Spota v. Jackson, the New York Court of Appeals (Kaye, C.J.) held that state courts have no business deciding who is an “intruder” as contemplated by the New York Indian Law. This case involves the tribal power to exclude, arising ot of a dispute on an individual allotment of a member of the Unkechaug Indian Nation (or Poospatuck).