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).

Navajo Prevails on Damages Amount in 2014 Tribal Court Funding

Here are the materials in Navajo Nation v. Bernhardt (D.D.C.):

37 Federal Memorandum on Entry of Judgment

38 Navajo Response

39 Reply

44 Navajo Memorandum on Damages

45 Federal Response

46 Reply

48 DCT Order

Prior post here.

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

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.

Federal Court Dismisses Suit against Duck Valley Tribe for Failure to Exhaust

Here are the materials in Magee v. Shoshone Paiute Tribes of the Duck Valley Reservation (D. Nev.):

1 Complaint

10 Motion to Dismiss

10-1 Tribal Court Record

16 Response

25 Reply

26 Surreply

28 Objection to Surreply

40 DCT Order

New Book: “The Cherokee Supreme Court 1823–1835”

From Carolina Academic Press, here (h/t Legal History Blog):

The Cherokee Supreme Court


by J. Matthew Martin

Forthcoming April 2020 • paper

ISBN 978-1-5310-1841-2
e-ISBN 978-1-5310-1842-9

Tags: Indian and Indigenous Peoples LawLegal HistoryRegional Interest

The first legal history of the first tribal court upends long-held misconceptions about the origins of Westernized tribal jurisprudence. This book demonstrates how the Cherokee people—prior to their removal on the Trail of Tears—used their judicial system as an external exemplar of American legal values, while simultaneously deploying it as a bulwark for tribal culture and tradition in the face of massive societal pressure and change. Extensive case studies document the Cherokee Nation’s exercise of both criminal and civil jurisdiction over American citizens, the roles of women and language in the Supreme Court, and how the courts were used to regulate the slave trade among the Cherokees. Although long-known for its historical value, the legal significance of the Cherokee Supreme Court has not been explored until now