The Southern District of Mississippi granted a TRO against the tribal court in a case brought by tribal members against the owner of a Dollar General on tribal trust land. How this case doesn’t meet the Montana 1 test is beyond me.
Here are the materials:
Thursday, January 8, 2009, 8:30-10:15
Section on Indian Nations and Indigenous Peoples
Columbia 3, North Tower/Lobby Level, San Diego Marriott Hotel & Marina
New Directions for International Law and Indigenous Peoples
(Program to be published in Idaho Law Review)
The United Nations’ adoption of the “Declaration on the Rights of Indigenous Peoples” in September 2007 marked an historic moment for the world’s 300 million indigenous peoples. The Declaration is the first time that the United Nations has formally recognized indigenous peoples’ rights to self-determination and control over their lands and natural resources. This year’s program will address the following issues related to the Declaration: How can the Declaration be used to improve the lives of indigenous peoples; What national laws and policies violate the Declaration, and what are the most effective remedial measures to address these violations?; and, How will the Declaration influence Congress, the administration and the courts?
Business Meeting at Program Conclusion.
Robert T. Coulter – Speaker
Angelique A. Eaglewoman – Speaker
G. W. Rice – Speaker
Wenona T. Singel – Moderator
Here is a short article advising farm lenders on the outcome of Plains Commerce Bank, authored by Greg Taylor — taylor-on-farming-lenders-in-indian-country
Here is the summary:
The Supreme Court’s 5-4 decision last term in Plains Commerce Bank v. Long Family Land and Cattle Co. was controversial in the sense that the Court was called upon to address two highly-charged legal issues: (1) tribal sovereignty and the ability to control matters that affect their lands and the treatment of its citizens, and, (2) the terms and conditions under which non-Indian banks and other businesses may be expected to resolve disputes arising from their dealings on the reservation. The majority opinion, written by Chief Justice Roberts, overturned a decision by the Eighth Circuit that held that a tribal court may entertain a discrimination claim over a non-tribe member who regularly conducts business on the reservation. In reaching its decision, the Court focused on the status of the ownership of the land in question. The Native American community was understandably disappointed by the result; there had been hopes that the case would provide an opportunity for the Supreme Court to reconsider its views on tribal sovereignty.
The Western District of Washington rejected a claim that the Violence Against Women Act confers tribal court jurisdiction over personal protection orders issued against non-Indians. In this case, Martinez v. Martinez, the Suquamish Tribal Court had issued a PPO against a non-Indian man in favor of an Alaskan Native woman. They both lived on non-Indian-owned land on the Port Madison Reservation. The court also ruled that the tribal court exhaustion doctrine does not apply in this case.
Here are the materials:
defendant-martinez-motion-to-dismiss
suquamish-tribe-motion-to-dismiss
plaintiff-martinez-response-to-motions
From the Record-Eagle:
PESHAWBESTOWN — Tribal officials with the Grand Traverse Band of Ottawa and Chippewa Indians are caught up in another lawsuit.
Members of the band’s compensation committee filed suit in tribal court alleging former tribal Chairman Robert Kewaygoshkum inappropriately raised council members’ salaries.
From the Traverse City Record-Eagle:
PESHAWBESTOWN — Derek Bailey wakes up with a sense of privilege, a feeling he’s had each morning since taking office as chairman of the Grand Traverse Band of Ottawa and Chippewa Indians.
“I hold that thought throughout the day,” he said.
Bailey, 36, became the band’s youngest tribal chairman this month, following a nearly seven-month election odyssey rife with disputes and litigation.
From the Leelanau Enterprise:
Derek Bailey sworn in as new GTB chairman.
DEREK BAILEY at last week’s swearing-in ceremony.
Clutching an eagle fan believed to give a leader the courage to “speak in a good way,” the youngest tribal chairman in the history of the Grand Traverse Band of Ottawa and Chippewa Indians stepped up to the podium on stage at the Leelanau Sands Casino Showroom Thursday afternoon immediately after being sworn in.
“This is a very emotional, powerful moment not only for me but for our entire nation,” said 36-year-old Derek Bailey. He explained that the sacred feathers were loaned to him by his uncle, Deuce Miller.
Bailey acknowledged how long and difficult the 2008 tribal election process had been.
“To those who did not support me in the election,” Bailey said, “I will work hard to meet your needs and expectations.”
In 1980, when the tribe was finally recognized as a sovereign nation by the U.S. government, membership was around 400. Tribal membership now exceeds 4,000.
From Indianz:
The outgoing chairman of the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan is being sued in tribal court over salaries of tribal council members.
The tribe’s Compensation Committee set the base council salaries at $60,000. Those serving as vice chair, secretary and treasure were supposed to receive base pay of $65,000. But right before this year’s election, chairman Robert Kewaygoshkum set higher salaries for some council members, according to the suit filed by the Compensation Committee. Kewaygoshkum reportedly makes around $100,000. Kewaygoshkum was defeated by Derek Bailey after a second election was held in September.
Get the Story:
Suit targets tribal head over new salary levels (The Leelanau News 12/15)
Sad case. This claim arises out of a fire at a foster home at Sisseton that killed several Indian children.
At least I think it’s V. Regardless the Maine Supreme Court has returned again to the meaning of “internal tribal matters” in this case, which is a housing eviction case on the Passamaquoddy reservation. Here, the court holds that Maine state law is inapplicable to the challenge made by Francis to the eviction.
Here is the opinion.
Turtle Talk 
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