Category Archives: tribal constitutions

Federal Court Denies Sanctions Request in Dismissed Intra-Tribal Leadership Dispute

Here are the materials in Tribal Council of the Cheyenne and Arapaho Tribes of Oklahoma v. Foster (W.D. Okla.): 1 Complaint 9 Notice of Voluntary Dismissal 13 Motion for Sanctions 13-5 Wilkinson v Hamilton Tribal Court Opinion 13-30 Hamilton v … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, tribal constitutions, tribal courts, tribal election | Tagged , , , ,

MHA Nation Tribal Member Effort to Force Secretarial Election over Voting Rights Fails

Here are the materials in Cross v. Dept. of Interior (D. Ariz.): 1-complaint-1.pdf 10-motion-to-dismiss.pdf 11-response.pdf 12-reply.pdf 18-dct-order.pdf 65ibia089.pdf 65ibia157.pdf

Posted in Author: Matthew L.M. Fletcher, Bureau of Indian Affairs, Research, tribal constitutions, tribal election | Tagged , , , ,

Fletcher: “Law, Politics, and the Constitution”

Here, on SSRN. The abstract: The question whether Congress may create legal classifications based on Indian status under the Fifth Amendment’s Due Process Clause is now reaching a critical point. Critics claim the Constitution allows no room to create race … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship, Tribal Codes, tribal constitutions, tribal membership, trust relationship | Tagged , , , ,

New Scholarship on IP and Traditional Knowledge in Tribal Codes

Dalindyebo Bafana Shabalala has posted “Intellectual Property, Traditional Knowledge, and Traditional Cultural Expressions in Native American Tribal Codes” on SSRN. Here is the abstract: Indigenous peoples and nations have been making demands for protection and promotion of their intellectual property, … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship, Tribal Codes, tribal constitutions, tribal courts | Tagged ,

New Scholarship on the Tohono O’odham Legal Systems

Kyle Fields has posted “Tohono O’odham Legal Systems” on SSRN. Here is the abstract: This short essay surveys the Tohono O’odham’s legal system through three periods. First, it discusses the traditional O’odham legal system, which relied on himdag (culture or … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship, Tribal Codes, tribal constitutions, tribal courts | Tagged

Julia Stinson on Disenrollment as Cruel and Unusual Punishment

Julia M. Stinson has posted “When Tribal Disenrollment Becomes Cruel and Unusual” on SSRN. The article is forthcoming in the Nebraska Law Review. Here is the abstract: In the past two decades, Native American tribes have disenrolled—permanently removed from tribal … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship, Tribal Codes, tribal constitutions, tribal membership | Tagged , ,

ILADA Blog [McGill Law]: Seasonal Thematic Contributions by Indigenous Legal Scholars

Here: Season 1:  Law Through Language (2018) Our first season focuses on language as law: within the context of language revitalization, how do Indigenous laws pronounce themselves through language? How can Indigenous laws be strengthened, given the impact of colonialism … Continue reading

Posted in Author: Matthew L.M. Fletcher, Language, Research, Tribal Codes, tribal constitutions, tribal courts | Tagged ,

Mildly Interesting SCOTUS Development: Bearcomesout Cert Petition

Here is the petition in Bearscomesout v. United States: bearcomesout cert petition Question presented: Whether the “separate sovereign” concept actually exists any longer where Congress’s plenary power over Indian tribes and the general erosion of any real tribal sovereignty is amplified … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, Supreme Court, tribal constitutions | Tagged , , ,

FBA Indian Law Conference ICRA Panel

Karla General, Angela Riley, Terri Smith, Se-ah-dom Edmo, and Josh Clause

Posted in Author: Matthew L.M. Fletcher, Symposia, Tribal Codes, tribal constitutions, tribal courts | Tagged ,

NAICJA Save the Date (Oct. 16-19) and Call for Papers (Due April 20)

One of my favorite conferences of the year–and I always offer to do an ICWA/transfer to tribal court case law update! RFP for Presentations- 2018 NAICJA Conference – DUE APRIL 20th!

Posted in Announcements, Author: Kate E. Fort, tribal constitutions, tribal courts | Tagged , , ,