tribal courts
NYTs “Room for Debate” — Tribal Rights vs. Racial Justice (Cherokee Freedmen Expulsion)
The New York Times’ “Room for Debate” series has published a series of articles on the Cherokee Freedmen controversy.
Debaters
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Define ‘Real Indians’
Kevin Noble Maillard, law professor, Syracuse University -
It’s About Ancestry
Cara Cowan-Watts, speaker, Cherokee Council -
A Weak Sovereign
Matthew L.M. Fletcher, Turtle Talk law blog -
The Role of Blood Quantum
Rose Cuison Villazor, Hofstra University Law School -
My Cherokee Identity
Heather Williams, Freedmen descendent -
Slavery’s Long Shadow
Carla D. Pratt, law professor, Penn State University -
Why the Freedmen Fight
Tiya Miles, historian, University of Michigan -
The True Meaning of Sovereignty
Joanne Barker, associate professor, American Indian studies
Cherokee Nation AG Concurs with Freedmen Motion for Reconsideration before the Cherokee SCT
Hat tip Pechanga.
Here are those materials:
SC-11-02 16Motion to Reconsider Order of August 22 2011 9-13-11
The Cherokee AG’s response is curious: The AG agrees that the case should be reconsidered, largely in light of HUD’s decision to cut off funding and the BIA’s warning letter.
Here are the District Court stays in question:
11-Temp Order and Temp Injunction 5-14-2007
Order Continuing Current TO & Temp Injunction Pending Appeal
Will the Cherokee Supreme Court grant the motion????
MSNBC Coverage of Cherokee Freedmen Controversy
Here.
An excerpt:
“The Cherokee Nation will not be governed by the BIA,” Joe Crittenden, the tribe’s acting principal chief, said in a statement responding to the U.S. Bureau of Indian Affairs.
Crittenden, who leads the tribe until a new principal chief is elected, went on to complain about unnamed congressmen meddling in the tribe’s self-governance.
The reaction follows a letter the tribe received on Monday from BIA Assistant Secretary Larry Echo Hawk, who warned that the results of the September 24 Cherokee election for principal chief will not be recognized by the U.S. government if the ousted members, known to some as “Cherokee Freedmen,” are not allowed to vote.
Federal Government and Cherokee Nation Responses to Cherokee Freedmen Motion to Enjoin Principal Chief Election
Here are the updated materials in Vann v. Salazar (D. D.C.):
Cherokee Nation Response to Vann Motion
The Vann motion is here.
Federal Court Permanently Enjoins Muscogee Prosecution for Alleged Crimes on Fee Lands
Navajo Nation Supreme Court Remands Sexual Abuse Claims against Catholic Church to Tribal District Court
Here is the opinion in John Doe BF v. Diocese of Gallup.
From the court’s summary:
In this appeal of a district court’s order of dismissal in a personal injury action due to late filing, the Supreme Court has reversed the dismissal. The case concerns allegations of child sex abuse on a Navajo teenager by a Catholic priest based on events that occurred almost twenty years ago. The district court did not find that the statutory conditions that would allow late filing were met. However, the Supreme Court determined that the district court impermissibly required argument and witnesses at a status conference, and furthermore, applied the wrong standard. The matter is remanded for further proceedings, including detailed findings on jurisdiction over the non-member defendants.
The court’s commentary on the complexity of adjudicating nonmember rights is worth reading, and demonstrates why the Navajo judicial system is a leader in tribal court adjudication:
The federal courts are a separate jurisdiction with very limited civil authority in Indian Country. Notwithstanding this limitation, federal court rulings profoundly affect tribal civil authority involving non-members in ways that have become “erratic and standardless.” Thomas P. Schlosser, Tribal Jurisdiction Over Non-Members, 37 Tulsa L. Rev. 573 (2001-2002). Some federal courts have even crossed jurisdictional lines and have begun treating our tribal courts and administrative agencies like subordinate courts rather than a separate sovereign adjudicative system. See, e.g., Amended Judgment in Red Mesa Unified School District et al v. Sara Yellowhair, et al, issued by the United States District Court for the District of Arizona, No. CY-09-807I-PCT-PGR (D. Ariz January 6, 2011) (voiding tribal court orders and enjoining tribal court action in a consolidated employment-related matter in which the protections of the Navajo Nation Preference in Employment Act were found to be inapplicable to all employees of Arizona state-funded schools located on the reservation). We are an Indian sovereign judicial system, and as such there is no statutory mandate for our courts to apply the decisions of federal courts within our jurisdiction. However, we do so in the area of our civil jurisdiction over non-members out of the need to participate in, essentially, a political relationship. The jurisdictional barriers created by the federal courts, unilaterally imposed without consulting Congress or the tribes, must be practically resolved through engagement.
Yale Law School to Host Navajo Nation Supreme Court Argument
Here, via How Appealing:
FARMINGTON — The latest chapter in the legal saga of the Shiprock Home for Women and Children will take place in front of an Ivy League audience.
Oral arguments in the appeal of a Shiprock judge’s February decision supporting an injunction against the home will be heard at Yale Law School.
The Navajo Supreme Court will travel in November to New Haven, Conn., where the case will play out in front of an audience of law school students.
The ruling likely will come after the parties return home, said Jim Zion, an Albuquerque-based defense attorney who is handling the defendants’ case pro bono.
“The actual decision will be made in Window Rock,” Zion said. “I suspect the arguments will be very interesting at Yale. I’m looking forward to it.”
The cross-country trip is not unusual for law schools, Zion said. Schools occasionally invite various courts from around the country to visit campus, where students host the legal proceedings.
“Usually it’s Indian law students who ask the administration to ask the Navajo court to come,” Zion said. “The institution pays for us to go, and we do.”
This is Yale’s first time to host the Navajo Supreme Court, Yale spokeswoman Kathy Colello said.
“The visit is the result of student interest, particularly a request by our Native American Law Students Association,” she said.
Yale approached the Navajo high court and offered to cover travel and lodging for counsel to move the arguments to the prestigious law school.
Opposition to the Anti-Sharia Law Movement
Here is the ICT article.
And resolutions from the National Native American Bar Association and the Coalition of Bar Associations of Color:
CBAC_2011_Resolution on the Law of International Law or the L
Cherokee Freedmen Motion for Injunction in Federal Court Seeking Vote in Principal Chief Election
Here are these materials, filed in Vann v. Salazar (D. D.C.):
Freedmen Plaintiffs Motion for Preliminary Injunction (Vann)
Memo in Support of Freedmen Plaintiffs Motion for Preliminary Injunction
And the text of an accompanying press release: Continue reading

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