Category Archives: tribal courts

Ninth Circuit Decides Coeur d’Alene Tribe v. Hawks

Here is the opinion. An excerpt: This appeal presents the question of whether the grant of federal question jurisdiction in 28 U.S.C. § 1331 encompasses an action to recognize and enforce a tribal court’s award against nonmembers of the tribe. … Continue reading

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

Eighth Circuit Decides Kodiak Oil & Gas (USA) Inc. v. Burr]

Here. Excerpt: A dispute over the practice of flaring natural gas from oil wells fuels the legal controversy in this case: the scope of Native American tribal court authority over  nonmembers. Several members of the MHA Nation sued numerous non-tribal oil … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research, tribal courts | Tagged , , , , , , ,

Knighton v. Cedarville Rancheria Cert Petition

Here: cert-petition.pdf Questions presented: “[T]he inherent sovereign powers of an Indian tribe do not extend to the activities of nonmembers of the tribe.” Montana v. United States, 450 U.S. 544, 565 (1981). The Montana Court recognized two limited narrow exceptions … Continue reading

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

H.R.3977 – To amend the Indian Civil Rights Act of 1968 to extend the jurisdiction of tribal courts to cover crimes involving sexual violence, and for other purposes.

Introduced by Rep. Haaland. Text TK.

Posted in Author: Matthew L.M. Fletcher, Congress, Criminal, Legislation, Research, Tribal Codes, tribal courts | Tagged , , , ,

Tribal Courts and Child Welfare Podcast Series from ACF

Here. Tribal Courts and Child Welfare Series Adapting to Child Welfare Cases Revising Your Children’s Code Partnering with Tribal Social Services Building Relationships With State Counterparts Overcoming Challenges to Working With States Being Family Centered

Posted in Author: Kate E. Fort, Child Welfare, Tribal Codes, tribal courts | Tagged , , , ,

Eighth Circuit Decision Upholding Tribal Jurisdiction in Watso v. Piper [ICWA, PL 280]]

Decision here. This settles a long running string of cases out of the Minnesota federal courts in which the non-Indian parents of tribal member children argued there was no tribal jurisdiction over their children when they lived on the tribal … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, tribal courts | Tagged , , , , , , , , ,

“Doing Justice: An Interview With Abby Abinanti, Chief Judge of the Yurok Tribe (Part 1)”

Here.

Posted in Author: Matthew L.M. Fletcher, judges, News, tribal courts | Tagged ,

In Re: The Protest of Huber to Disqualify Walkingstick as Candidate for Principal Chief (Cherokee Nation Supreme Court, May 29, 2019)

Here: SC-19-07 25-Order 5-29-19

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

Pokagon Peacemaking Discussion

Posted in Author: Matthew L.M. Fletcher, cultural resources, Michigan Indian, Tribal Codes, tribal courts | Tagged ,

SG Recommends GVR in Poarch Band v. Wilkes

Here is the brief: sg-invitation-brief-1.pdf An excerpt: This brief is submitted in response to the Court’s order inviting the Solicitor General to express the views of the United States. After the petition for a writ of certiorari was filed, amendments … Continue reading

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