Tribal Court Complaints re: Former St. Croix Chippewa Indians Tribal Council Members, Charged with Taking Tribal Casino Funds

Here are the complaints, each one captioned St. Croix Chippewa Indians v. [name]:

Bearheart, S

Bugg, CElmer, E

Emery, D

Larsen, L

Oustigoff, L

Oustigoff, N

Peterson, C

Taylor, J

Taylor, K

Taylor, L

Related post here.

Federal Court Dismisses FTCA/Section 1983 Claim against Feds for Actions of Fort Peck Tribal Court

Here are the materials in Leachman v. United States (D. Mont.):

FMC Corp. v. Shoshone-Bannock Tribes Cert Petition

Here:

cert-petition.pdf

Questions presented:

1. Whether the Ninth Circuit correctly holds that tribal jurisdiction over nonmembers is established whenever a Montana exception is met, or whether, as the Seventh and Eighth Circuits have held, a court must also determine that the exercise of such jurisdiction stems from the tribe’s inherent authority to set conditions on entry, preserve tribal self-government, or control internal relations.

2. Whether the Ninth Circuit has construed the Montana exceptions to swallow the general rule that tribes lack jurisdiction over nonmembers.

Lower court materials here.

Sixth Circuit Briefs in Sovereign Lending Case Involving Chippewa Cree Tribe

Here are the briefs in Swiger v. Rosette:

Lower court materials in Swiger v. Rosette (E.D. Mich.):

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.

North Carolina SCT Decides Indian Status in Criminal Jurisdiction Case

Here are the materials in State v. Nobles:

opinion.pdf

appellant-brief.pdf

appellee-brief.pdf

reply.pdf

Lower court materials here.

UC Davis Tribal Justice Symposium: Protecting Families Through Tribal Courts

The Tribal Justice Project Presents: Tribal Justice Symposium: Protecting Families Through Tribal Courts!

Tribal court judges, court personnel, practitioners, community members, and students are invited to attend this FREE event. Space is limited, please RSVP today!

Date: March 13, 2020

Location: UC Davis School of Law – Davis, CA

Fee: No Registration Fee

Click here to register.

For questions, please contact tjp@law.ucdavis.edu.

Flyer (PDF):

Tribal Justice Symposium Flyer and Agenda_Page_1Tribal Justice Symposium Flyer and Agenda_Page_2

Red Cliff Ojibwe Appellate Court Rejects Nonmember Challenge to Tribal Jurisdiction

Here are the materials in Red Cliff Band of Lake Superior Chippewa Indians v. CenturyTel of the Midwest – Kendall, LLC:

PLD 2020-02-04 Final Decision

Briefs here.

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.