tribal courts – Page 51 – Turtle Talk

Osage Nation Supreme Court Decision in Separation of Powers Issue Redux

August 16, 2017Matthew L.M. Fletcher

Here is the opinion in Standing Bear v. Pratt:

SCO-2016-01 Standing Bear v Pratt Slip Opinion 8-11-17

Prior case here.

Prairie Island Indian Community Job Opportunities

August 14, 2017Matthew L.M. Fletcher1 Comment

Here:

Request for Proposals Appellate Judge 2017

Request for Proposals Election Legal Services 2017

Request for Proposals Tribal Court Associate Judge

French v. Starr Cert Petition (+ Cert Opp)

August 14, 2017September 25, 2017Matthew L.M. Fletcher

Here:

Lower court materials here.

Update:

Eighth Circuit Enjoins Pursuit of Tribal Remedies in Minerals Royalties Dispute

August 2, 2017Matthew L.M. Fletcher1 Comment

Here is the opinion in Enerplus Resources (USA) Corporation v. Wilkinson.

Materials here.

Federal Court Orders Mushroom Company to Keep Exhausting Tribal Remedies [updated]

July 27, 2017June 4, 2019Matthew L.M. Fletcher

Here are the materials in Rincon Mushroom Corporation of America v. Mazzetti (S.D. Cal.):

83-1 Motion to Reopen

92-1 Second Motion to Reopen

Prior posts here.

UPDATE:

104 Rincon Mushroom Ex parte Motion

NCJFCJ & NAICJA Webinar on Trauma-Informed Court Systems in Tribal Communities

July 25, 2017Sarah M Donnelly

Download(PDF): Announcement
Link: Registration

Trauma-Informed Court Systems
Thursday, July 27, 2017 at
12 pm PT / 1 pm MT / 2 pm CT / 3 pm ET

Cherokee Nation Briefs Asserting Tribal Court Jurisdiction Over Drug Makers

July 24, 2017Sarah M Donnelly

Here are the materials in the matter of McKesson Corp. et al. v. Hembree et al., 17-cv-00323 (D. Okla.):

Doc. 86 – Memorandum of Defendant Attorney General Todd Hembree in Opposition to Plaintiffs’ Motion for a Preliminary Injunction

Doc. 95 – Response of Judicial Officers to Motion for Preliminary Injunction

Complaint and motion previously posted here.

Tribal court complaint previously posted here.

Paul Spruhan on Litigation at Navajo

July 14, 2017Matthew L.M. Fletcher1 Comment

Paul Spruhan has posted “Guardians of Tribal Tradition: Litigation in the Navajo Nation” in Litigation, The Journal of ABA Section of Litigation.

“Tribal Justice” Doc to be Shown in PBS’s POV in August

July 13, 2017Matthew L.M. Fletcher

Ninth Circuit Affirms Qualified Immunity for BIA Officers Who Arrested Non-Indian Pursuant to Tribal Court Bench Warrant

July 12, 2017July 12, 2017Matthew L.M. Fletcher

Here is the unpublished memorandum in Roberts v. Elliott (In re Roberts Litigation).

An excerpt:

The Supreme Court has not addressed the interaction between Oliphant’s rejection of inherent criminal jurisdiction over non-Indians and a non-Indian’s ability to waive the question of personal jurisdiction before the tribal court in criminal matters. The extent to which a non-Indian may consent to tribal jurisdiction is not settled law. Smith v. Salish Kootenai Coll., 434 F.3d 1127, 1136–40 (9th Cir. 2006) (en banc) (discussing non-tribal member consent to jurisdiction in civil suits).

Briefs:

Appellant Brief