Sr. District Judge Bogue dismissed this claim, brought under 42 U.S.C. sec. 1985. Here are the materials:
oglala-sioux-election-coa-order
birdnecklace-amended-complaint
birdnecklace-motion-for-default-judgment
steele-motion-to-dismiss-exhibit-1
Tribal Codes
Kirsty Gover on Tribal Membership Criteria
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
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
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.
Long Family and Amici Briefs Supporting Respondent Filed
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
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.
ICT: Saginaw Chippewa vs. the Unions
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.
Spota v. Jackson (NY Ct. App.) — “Intruders” under NY Indian Law
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).
Lewis & Clark Tribal Economic Development Symposium
From Lewis & Clark Law School:
Spring Symposium 2008 Schedule of Events
April 4, 2008
8:00 – 8:30 a.m. Registration and Continental Breakfast
8:30 – 8:45 a.m. Welcoming Remarks
Dean Klonoff, Associate Dean Lisa LeSage
8:45 – 9:30 a.m. Keynote Address
Kevin Gover
Introductions by Professor Robert Miller
Cooter and Fikentscher on Tribal Codes
Robert Cooter and Wolfgang Fikentscher have just published “American Indian Law Codes: Pragmatic Law and Tribal Identity” in the American Journal of Comparative Law. Here is the abstract:
The United States has recognized the power of American Indian tribes to make laws at least since 1934. Most tribes, however, did not write down many of their laws until the 1960s. Written laws have subsequently accumulated in well-organized codes, but scholars have not previously researched them. Using written materials and interviews with tribal officials, we describe the scope, motivation, and interpretation of tribal codes. With respect to scope, we found nine main types of codes that cover almost all fields of law over which tribes have jurisdiction. Few tribes have all nine types of codes. Tribes have internal and external motivations for codifying. Internal motivations include preserving culture, maintaining social order, and encouraging economic development. Financial incentives and demands for transparency supply outside motivation. Tribal officials interpret codes pragmatically, which resembles interpretation of codes in continental Europe. Finally, we note that law and justice sometimes require state or federal courts to use a tribal code to decide a case, but they seldom do so, which undermines tribal power and identity.
Turtle Talk 
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