Preliminary Results of KBIC Council Vote

From the Mining Gazette:

Tribal elections too close to call

By JANE NORDBERG, DMG Writer

BARAGA — Unofficial results from the Keweenaw Bay Indian Community’s Tribal Council elections held Saturday show a close race, especially for the two seats in the Baraga District.

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Mashantucket Pequot Defense of Tribal Union Law

From the Connecticut Day:

Balancing The Rights Of Workers, Tribe

By Michael J. Thomas 

We know you have been following recent events here at Mashantucket involving union activity. We are writing to you so that you might understand the position of the tribal nation, and hopefully understand that just as you are concerned with the rights of our workers, so are we.

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Plains Commerce Bank v. Long Family Land & Cattle Co. Materials — Update

Plains Commerce Bank’s cert petn reply brief is here: Reply Brief

All other materials are at our previous post.

Call for Papers: American U. Law College — Tribal Courts

For details, see the call at For the Seventh Generation Blog, or contact Ezra Rosser.

Unfortunately, we can’t make it because we’ll be at the PIELC at Oregon Law School.

Plains Commerce Bank v. Long Family Land & Cattle Co. Materials

Plains Commerce Bank recently filed a cert petition in this matter, which involves a tribal court judgment against Plains Commerce. The bank argues the tribal court didn’t have jurisdiction over it, despite waiving that argument before the tribal court.

Here are the materials:

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Makah Tribal Court Whaling Charges Filed

From the Peninsula Daily News:

Whalers plead not guilty to tribal charges

 
 

By Jim Casey, Peninsula Daily News

NEAH BAY – The five members of the Makah tribe accused of illegally killing a whale will go to trial in tribal court Jan. 22.

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WSJ Article on Tribal Judges

Thanks to Mike McBride and June Mamagona Fletcher, you can download the entire article here without having to register with the Journal:

Wall Street Journal Article on Tribal Judges and Federal Indian Law

St. Regis Mohawk’s $3B Suit against Harrah’s re: Interference with Gaming Contract

The Northern District of New York refused to dismiss a claim seeking to enforce a tribal court judgment against Harrah’s for an amount (including interest) approaching $3 Billion. The case is Vacco v. Harrah’s Operating Co., Inc.

Legal materials and news coverage below:

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Hon. J. Matthew Martin (Eastern Band Cherokee) on FTCA “Law of the Place”

Judge Martin of the Eastern Band Cherokee tribal court has published “Federal Malpractice in Indian Country and the ‘Law of the Place’: A Re-examination of Williams v. United States Under Existing Law of the Eastern Band of Cherokee Indians” in the Campbell Law Review.

Burlington Northern v. Vaughn (CA9) Materials

BNSF v. Vaughn involves the Hualapai tribe’s attempt to impose taxes on BNSF railroad. BNSF brought an Ex parte Young action against two tribal officials: the chairman and the tax collector, seeking an injunction. The tribe argued that the railroad was required to exhaust its tribal remedies and that the tribe and its officials hadn’t waived tribal immunity. The district court disagreed. Here, the Ninth Circuit held that the tribe could bring an interlocutory appeal of the rejection of the immunity defense, but held that the tax collector was not immune from suit and remanded for further proceedings.

Here are the materials:

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