tribal courts

South Dakota Federal Court Rejects Double Jeopardy Argument Premised on Federal Control of Oglala Tribal Court

Matthew L.M. Fletcher

Here are the materials in United States v. Kills Warrior (D.S.D.):

1 Indictment.pdfDownload
36 Motion to Dismiss.pdfDownload
38 Government Opposition.pdfDownload
40 Magistrate Order.pdfDownload
41 Objection.pdfDownload
44 DCT Order.pdfDownload

Idaho Federal Court Remands Contract Action to Tribal Court

Matthew L.M. Fletcher

Here is the order in Shoshone-Bannock Tribes v. Vanir Construction Management Inc. (D. Idaho):

21 Magistrate Order.pdfDownload

Briefs here.

Washington Federal Court Affirms Muckleshoot Tribal Court Jurisdiction over Marriage Dissolution

Matthew L.M. Fletcher

Here are the materials in Turpen v. Muckleshoot Tribal Court (W.D. Wash.):

45 Turpen Motion for Summary J.pdfDownload
46 Tribe Opposition.pdfDownload
47 Turpen Reply.pdfDownload
49 Tribe Motion for Summary J.pdfDownload
50 Tribe Surreply re 45.pdfDownload
52 Turpen Response to 49.pdfDownload
53 Tribe Reply in support of 49.pdfDownload
56, Order on CMSJ 7-12-23.pdfDownload

Oklahoma Federal Court Dismisses ICRA Habeas Petition from Cherokee Criminal Defendant Living in Poland

Matthew L.M. Fletcher

It’s an older case, from back in April, but here are the materials in Gilliland v. Barteaux (N.D. Okla.):

1 Habeas Petition.pdfDownload
9 Motion to Dismiss.pdfDownload
10 Opposition.pdfDownload
11 Reply.pdfDownload
13 DCT Order.pdfDownload

Eighth Circuit Orders Tribal Exhaustion in Cigarette Ban Case

Matthew L.M. Fletcher

Here is the opinion in WPX Energy Williston LLC v. Jones.

Briefs here.

Jaune Smith

Sarah Deer on Feminist Jurisprudence in Tribal Courts

Matthew L.M. Fletcher

Sarah Deer has published “Feminist Jurisprudence in Tribal Courts: An Untapped Opportunity” in the Yale Journal of Law and Feminism.

An excerpt:

What if every gendered legal issue was not burdened by over 200 years of patriarchal and racist precedent? How would feminists craft legal practices and structures in a way that would be grounded by a clear understanding of the harms of oppression and subjugation? These questions are not just rhetorical; this essay argues that a fresh perspective is possible in the context of an Indigenous feminist jurisprudence. Indigenous feminist legal theory (IFLT) is in its nascent stages as a contemporary academic discipline and praxis. It has largely been elucidated by legal scholars in Canada, including Emily Snyder, Val Napoleon, and John Borrows. Snyder explains that IFLT lies at the intersection of feminist legal theory, Indigenous feminist theory, and Indigenous legal theory.

North Dakota Federal Court Allows Challenge to Tribal TERO Suit to Proceed against TERO Officer

Matthew L.M. Fletcher

Here are the materials in Dakota Metal Fabrication v. Parisien (D.N.D.):

1 Complaint.pdfDownload
1-3 Motion to Dismiss.pdfDownload
6 Response.pdfDownload
9 Reply.pdfDownload
21 DCT Order.pdfDownload

Montana SCT Briefs in Monroe v. Boggs [Blackfeet Tribal Court Child Custody Matter]

Matthew L.M. Fletcher

Here:

Boggs Opening Brief.pdfDownload
Monroe Answer Brief.pdfDownload
Boggs Reply.pdfDownload

Hawai’i State Court Agrees to Extradite Prisoner to Pascua Yaqui

Matthew L.M. Fletcher

Here are the briefs in In the Matter of the Extradition of Moreno (Haw. Cir. Ct.):

Motion to Dismiss – Carlos Moreno

Moreno MIO

Moreno Reply

Adam Crepelle on an Intertribal Business Court

Matthew L.M. Fletcher

Interesting idea.

Adam Crepelle has published “An Intertribal Business Court” in the American Business Law Journal. Here is the abstract:

Few Indian reservations have any semblance of a private sector. Consequently, poverty and unemployment are major problems in much of Indian country. While there are many reasons why private enterprise is scarce in Indian country, one of the foremost reasons is businesses do not trust tribal courts. Businesses’ distrust of tribal courts is not unique as outsiders often fear bias in foreign tribunals. Similarly, businesses are often concerned about a court’s capacity to adjudicate complex disputes. Federal diversity jurisdiction was developed to allay fear of bias, and many states have developed business courts to address questions about court capacity. Tribes can overcome these issues by creating an intertribal business court (IBC). Tribes will be free to sculpt the IBC as they see fit. However, the IBC’s intertribal nature will help reduce fears of bias, and an IBC’s focus on business disputes will answer doubts about court capacity. An IBC will also make tribal law more accessible, further increasing confidence in this new tribunal. As businesses gain greater confidence in tribal legal institutions through the IBC, they will be more likely to operate in Indian country. Accordingly, the IBC could help to transform tribal economies.