Tribal Codes

Michael Daugherty: “Tribal courts should abolish cash bail”

Matthew L.M. Fletcher

From High Country News, here.

Federal Court Dismisses Challenge to Tribal TERO Order

Matthew L.M. Fletcher

Here are the materials in Hanson v. Parisien (D.N.D.):

1 Complaint

1-1 Tribal Court Order

1-2 Tribal Appellate Court Order

16-1 Motion to Dismiss

18 Response

19 Reply

20 DCT Order

Fletcher: “Why Tribes Should Have the Power to Enforce Strict Coronavirus Policies”

Matthew L.M. Fletcher

From The Atlantic, here.

The related article in the Stanford Law Review Online is here.

Stanford Law Review Online Publishes “Indian Lives Matter — Pandemics and Inherent Tribal Powers”

Matthew L.M. Fletcher

Fletcher’s paper, “Indian Lives Matter — Pandemics and Inherent Tribal Powers,” is now available online (PDF).

Federal Court Dismisses Tort Action against Snoqualmie Casino

Matthew L.M. Fletcher

Here are the materials in Cadet v. Snoqualmie Casino (W.D. Wash.):

1-1 Complaint

9 Motion to Dismiss

11 Reply

12 Response

15 Order to Show Cause

16 Tribe Response

18 DCt Order

Tenth Circuit Briefs in Chegup v. Ute Indian Tribe of the Uintah and Ouray Reservation [banishment]

Matthew L.M. Fletcher

Here:

3-24-20 Appellants’ Opening Brief

5-22-20 Appellees’ Brief

6-5-20 Appellants’ Reply Brief

Lower court materials here.

Federal Court Dismisses Miss. Choctaw from FTCA Claim, Claim against US Proceeds

Matthew L.M. Fletcher

Here are the materials in Chipmon v. United States (S.D. Miss.):

42 MBCI Motion to Dismiss

43 Memo in Support

42-1 MBCI v Peebles Opinion

42-2 Sharp v MBCI Opinion

50 DCT Order

Prior post here.

Amusement of the Day (concl.): BIA Phoenix Area Enrollment Manual

Matthew L.M. Fletcher

And today we conclude with a few leftover illustrations (I particularly like the one that illustrates Indian lawyering). Hope you enjoyed the previous posts here and here.

Amusement of the Day (cont.) — 1977 BIA Phoenix Area Office Enrollment Manual Illustrations

Matthew L.M. Fletcher

Yesterday, we covered tribal constitutions. Today, the political and bureaucratic complexity of enrollment decisions in cartoon form (we will conclude tomorrow):

Amusement of the Day — 1977 BIA Phoenix Area Office Enrollment Manual Illustrations

Matthew L.M. Fletcher

Apparently, in 1977 or so, the Phoenix Area Office decided to write a lengthy manual for tribal governments, instructing them on how to make enrollment decisions that met tribal constitutional muster. Suffice it to say the text is TL:DR, but the illustrations are awesome — and by awesome, I mean crazy — and by crazy, I mean Indian country crazy.

Tomorrow, how tribal governments make membership decisions….