Contributors
Category Archives: tribal constitutions
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
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
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
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
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 ILADA Blog, tribal law
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
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 call for proposals, conference, NAICJA, save the date
Update in Nooksack RICO Suit
Here are the new materials in Rabang v. Kelly (W.D. Wash.): 03-20-18 Letter From Bob Kelly and Notice of Involuntary Disenrollement 144 3-15-18 Kelly Defendants’ Motion for Indicative Ruling Regarding Dismissal 146 3-15-18 Defendant Chief Judge Ray Dodge’s Notice of … Continue reading
Greg Bigler on Traditional Jurisprudence
Judge Gregory Bigler has posted “Traditional Jurisprudence and Protection of Our Society: A Jurisgenerative Tail” on SSRN. Here is the abstract: This paper is an exercise in self-discipline organizing thoughts from a long period of work and life that explores … Continue reading
Posted in Author: Matthew L.M. Fletcher, Scholarship, Tribal Codes, tribal constitutions, tribal courts
Tagged tribal law
