Justin Richland Talk Here–February 17, 2009–11 AM

Justin Richland, a professor in the Department of Criminology, Law, and Society at the University of California, Irvine, will be giving a talk about his new book from the University of Chicago Press — “Arguing with Tradition: The Language of Law in Hopi Tribal Court.” Here is the synopsis:

Arguing with Tradition is the first book to explore language and interaction within a contemporary Native American legal system. Grounded in Justin Richland’s extensive field research on the Hopi Indian Nation of northeastern Arizona—on whose appellate court he now serves as Justice Pro Tempore—this innovative work explains how Hopi notions of tradition and culture shape and are shaped by the processes of Hopi jurisprudence.

Like many indigenous legal institutions across North America, the Hopi Tribal Court was created in the image of Anglo-American-style law. But Richland shows that in recent years, Hopi jurists and litigants have called for their courts to develop a jurisprudence that better reflects Hopi culture and traditions. Providing unprecedented insights into the Hopi and English courtroom interactions through which this conflict plays out, Richland argues that tensions between the language of Anglo-style law and Hopi tradition both drive Hopi jurisprudence and make it unique. Ultimately, Richland’s analyses of the language of Hopi law offer a fresh approach to the cultural politics that influence indigenous legal and governmental practices worldwide.

The Chief Judge of the Little Traverse Bay Bands of Odawa Indians, JoAnne Cook-Gasco will be commenting on the book.

Duwyenie v. Moran — Arizona COA Case Involving Parallel Tribal and State Custody Actions

Unusual case, involving what likely was the kidnapping of an Indian child in a child custody squabble originating in Arizona. One parent removed the child to South Dakota and initiated proceedings in the Rosebud Sioux Tribal Court after Arizona state court proceedings had begun. The other parent initiated tribal court proceedings on the same matter in Gila River Tribal Court, which was a smart move, since the tribal courts talked to each other, leading the RSTC to dismiss its part of the case and admonish the parent who (likely) kidnapped the child.

Here is the opinion.

Coushatta Tribe v. Meyer & Associates Cert Petition

This case involves the question of whether state courts have to comply with the tribal court exhaustion doctrine. Here is the petition — coushatta-tribe-v-meyer-and-assoc-cert-petition

Here is the lower court opinion, from the Louisiana Supreme Court.

CA9 Decides Philip Morris v. King Mountain Tobacco

Here is the opinion from the Ninth Circuit denying that a colorable claim to tribal court jurisdiction existed in this trademark violation issue. And here are the briefs:

philip-morris-opening-brief

king-mountain-response-brief

philip-morris-reply-brief

Section 1303 Tribal Court Exhaustion — Bercier v. Turtle Mountain Tribal Court

bercier-v-turtle-mountain-tribal-court

2009 Spring Speaker Series Announcement

Here is the announcement for our spring speaker series.

2009 Spring Speaker Series

Gillette v. Edison — Younger Abstention Doctrine Applied in Disciplinary Action against Indian Lawyer

The District of North Dakota dismissed a federal action brought by an attorney seeking an order forcing North Dakota state courts to dismiss a disciplinary action against a tribal lawyer. Interesting case involving an issue about whether state bar disciplinary boards can discipline a lawyer for on-reservation conduct.

dct-order-in-gillette-v-edison

north-dakota-motion-to-dismiss

gillette-motion-for-declaratory-judgment

Attorney’s Process and Investigation Services v. Sac and Fox Tribe — Case Reopened

This case arises out of alleged tortious nonmember conduct during the leadership dispute at Meskawki a few years back. In 2005, the Northern District of Iowa applied the tribal court exhaustion doctrine as justification for staying the case (nov-2005-dct-order). The tribal court’s processes have run (motion-to-reopen-case [includes tribal court decision]), and now the case has been reopened (dct-order-reopening-case).

This will be a very interesting application of the Montana test, if the court reaches the merits.

Dollar General v. Mississippi Band of Choctaw Indians — Tribal Court Jurisdiction — Updated

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:

dolgen-v-miss-band-tribal-court-dct-order

Miss Band Choctaw SCT Opinion

dollar-general-motion-for-tro

townsend-motion-for-tro

mississippi-band-response

dollar-general-reply-brief

Indian Law-Related Panels at AALS

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

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