Muscogee (Creek) Nation SCT Decides Graham v. MCN Citizenship Committee [Creek Freedmen]

Here are the materials in Graham v. Muscogee (Creek) Nation Citizenship Committee (also here):

Doc.-4-Appellants-Brief-02242020

Doc.-14-Appellees-Response-Brief-06122020

Doc.-18-Appellants-Reply-Brief-07102020

Doc.-19-Order-and-Opinion-09172020

Federal Court Dismisses Effort by Oglala Sioux Constitutional Reform Committee to Support Secretarial Election

Here are the materials in New Holy v. Dept. of the Interior (D.S.D.):

1 Complaint

9 Motion to Dismiss

21 DCT Order Staying Discovery

22 Opposition

26 Reply

28 DCT Order

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

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

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

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

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

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….

MHA Nation Member Wins Challenge to Secretarial Election Disenfranchising Off-Reservation Voters

Here are the materials in Hudson v. Zinke (D.D.C.):

32 Amended Complaint

35-1 Hudson MSJ

38 US MSJ

40 Hudson Reply

42 US Reply

53 DCT Order

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64ibia010

Call for Presentations for NAICJA Annual Conference!

Call for Presentations_NAICJA-NationalConf_02-28-20_final

CALL FOR PRESENTATION PROPOSALS 2020

National Tribal Judicial and Court Personnel Conference Deadline:

Friday, April 10, 2020, 5:00 pm MST

Submission form: https://naicja.wufoo.com/forms/m10hpejn06xrvqf/

The National American Indian Court Judges Association (NAICJA) invites presentation proposals for the 51st Annual National Tribal Judicial and Court Personnel Conference to be held October 20-23, 2020, at the Radisson Hotel and Conference Center in Green Bay, Wisconsin. NAICJA’s Annual Conference offers innovative and timely tribal justice information through high quality presentations by national experts. This is your opportunity to share your expertise and display your creativity by developing an original program for presentation. Proposals specifically tailored to meet the needs of the 300-person NAICJA audience are strongly preferred.

New Fletcher Paper: “The Rise and Fall of the Ogemakaan”

Please check out my new paper, “The Rise and Fall of the Ogemakaan,” now available on SSRN. Here is the abstract:

Anishinaabe (Odawa, Bodewadmi, and Ojibwe) legal and political philosophy is buried under the infrastructure of modern self-determination law and policy. Modern Anishinaabe tribes are rough copies of American governments. The Anishinaabeg (people) usually choose their ogemaag (leaders) through an at-large election process that infects tribal politics with individualized self-interest. Those elected leaders, what I call ogemaakaan (artificial leaders) preside over modern governments that encourage hierarchy, political opportunism, and tyranny of the majority. While modern tribal governments are extraordinary successes compared to the era of total federal control, a significant number of tribes face intractable political disputes that can traced to the philosophical disconnect from culture and tradition.

Anishinaabe philosophy prioritizes ogemaag who are deferential and serve as leaders only for limited purposes and times. Ogemaag are true representatives who act only when and how instructed to do so by their constituents. Their decisions are rooted in cultural and traditional philosophies, including for example Mino-Bimaadiziwin (the act of living a good life), Inawendewin (relational accountability), Niizhwaaswii Mishomis/Nokomis Kinoomaagewinawaan (the Seven Gifts the Grandfathers or Grandmothers), and the Dodemaag (clans). I offer suggestions on how modern tribal government structures can be lightly modified to restore much of this philosophy.