Here is the entire set of Plains Commerce Bank v. Long Family Land and Cattle Co. materials, with the addition of two tribal court lower court orders:
ETA: Final SCOTUS decision has been added to this post as well.
tribal courts
Cert Opposition in MacArthur v. San Juan County
The cert opp in MacArthur v. San Juan County is here — San Juan County Cert Opp
Our previous post with the cert petition is here.
Commentary on the Plains Commerce Bank Cert Grant
The Supreme Court’s decision to grant certiorari in Plains Commerce Bank v. Long Family Land & Cattle Co. surprised me a great deal. It proves, I think, that Indian law scholars and practitioners cannot claim to predict how the Supreme Court is going to act (no big surprise there, given how few Indians or Indian lawyers have clerked for the Court), but I also think it shows that the so-called Supreme Court bar can miss one every now and then [SCOTUSBlog’s Petitions to Watch seemed to miss this one].
KU Tribal Law and Governance Conference Agenda
Kansas’s Tribal Law and Government Center is hosting the 2008 conference on Feb. 1, 2008. Speakers include Lance Morgan, Howard Valantra, Phil Frickey, Stacy Leeds, Angelique EagleWoman, Taylor Keen, Russ Brien, and others. Looks like a great field! H/T Legal Scholarship Blog:
Saginaw Chippewa Banishments
From the Mt. Pleasant Morning Sun:
Tribe banishes four
The Saginaw Chippewa Indian Tribe has begun using a very old method of dealing with problems in a new way: invoking the ancient tribal practice of banishing troublemakers from tribal lands.
Emory Sekaquaptewa Obit in the LA Times
Here.
Emory Sekaquaptewa
Created dictionary of Hopi language
Emory Sekaquaptewa, 78, an anthropologist, judge and artist who was called the “Noah Webster of the Hopi Nation,” died Dec. 14, the University of Arizona announced.
NM Ct App ICWA Decision: Cherino v. Cherino
Here’s the opinion, reversing a trial court decision transferring a simple Indian child custody case to the Isleta Pueblo tribal court.
From KVIA:
Custody dispute doesn’t belong in tribal court, appeals court says
Associated Press – December 19, 2007 7:05 PM ET
SANTA FE (AP) – Custody disputes involving Indian children and their biological parents may not be transferred from state court to tribal court.
United States v. Killeaney — Sixth Amendment and the Dual Sovereignty Doctrine — A Circuit Split involving Tribal Law Enforcement & Tribal Courts?
The District Court for the District of South Dakota recently declined to suppress evidence obtained in a criminal investigation at the Rosebud. This case has the potential to go to the Supreme Court (a circuit split already exists and another could arise) and could be a significant problem for tribal criminal law enforcement.
The defendant allegedly committed a crime on tribal lands, initially investigated by the tribal police and prosecuted in tribal court. The defendant made statements to police while being represented by a tribal public defender, who was not a lawyer or a law school graduate (however, the director of the tribal public defender office is a lawyer). The US would like to use those statements in the federal prosecution of the same offense. The question is when the defendant’s Miranda and the Sixth Amendment right to counsel attaches. If the CA8 reverses this decision and holds that they attach at the tribal court level, then there will be two circuit splits.
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.
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.
Turtle Talk 
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