Here are the materials in Kumar v. Schildt (D. Mont.):
Prior post here.
tribal courts
North Dakota Federal Court Rejects Tribal Court Jurisdiction over Enforcement of ROW Agreement on Allotment, Holding US Has Exclusive Authority
Here are the materials in WPX Energy Williston LLC v. Fettig (D.N.D.):
1-8 MHA Nation Supreme Court Decision
8 Fettig Answer + Counterclaim
13 Motion to Dismiss Counterclaim
Prior post here.
Kekek Stark on Tribal Constitutions and Tribal Customs
Kekek Jason Stark has published “Exercising the Right of Self-Rule: Tribal Constitutions and Tribal Customary Law” in the Mitchell Hamline Law Review. PDF
Here is an excerpt:
In the context of the development and implementation of Tribal constitutions, Tribal Nations must ask themselves whether the federal government was playing a trick on Tribal Nations by imposing the Indian Reorganization Act (IRA) and its corresponding constitutions and Anglo-American governing principles upon Indian country. Are these documents and corresponding governing principles actually “shit,” dressed up as “smart berries” under the guise of making Tribal Nations “wise” in the image of Anglo-American law? Ninety years after the enactment of the IRA, it is time Tribal Nations become wise and return to traditional constitutional principles based on Tribal customary law and unwritten, ancient Tribal constitutions.
As always with KJS, highly recommended.
Tenth Circuit Holds Thlopthlocco Tribal Town v. Wiley is Moot
Oil and Gas Company Sues BLM over Wind River Lease
Ninth Circuit Affirms Tribal Jurisdiction over Insurance Claim
Here is the unpublished opinion in Lexington Insurance Co. v. Mueller.
Briefs are here.
ALI-CLE on “Business on Native Lands: Tribal Jurisdiction over Non-Member Enterprises” @ Dec. 11, Noon
Here.
Business on Native Lands: Tribal Jurisdiction Over Non-Member Enterprises
December 11 | 12:00 – 1:00 p.m. ET
The coupon code FLETCHWEB will bring the price from $199 to $29.
Why You Should Attend
The scope of tribal jurisdiction over non-member business activities is a pivotal issue in contemporary law, as federal and state courts continue to define the limits of tribal authority. This webcast examines recent case law developments that may influence the regulatory and adjudicative authority of tribes over non-member enterprises.
If you do business with or on Indian Country, join us to explore how these rulings affect tribal sovereignty, economic development, and the relationships between tribal, federal, and state governments.
What You Will Learn
Whether you represent tribes, businesses, or government entities, this program offers essential guidance on this vital and developing area of law, including:
The foundational legal principles governing tribal jurisdiction over non-member business activities.
Analysis of recent federal and state court opinions shaping tribal authority.
Practical implications for businesses operating on tribal lands or engaging with tribal governments.
The interplay between tribal sovereignty and regulatory frameworks in non-tribal jurisdictions.
Attendees will be equipped with the tools to address complex jurisdictional questions confidently and effectively, ensuring compliance and fostering constructive relationships between tribes and non-member businesses.
Register today! Questions submitted during the program will be answered live by the faculty and all registrants will receive a set of downloadable course materials to accompany the program.
Who Should Attend
This course is ideal for attorneys practicing in areas intersecting with Native American law, particularly those involved in commercial litigation, land use, regulatory compliance, or business operations in Indian Country. It is also highly valuable for tribal legal counsel, public officials, and policymakers navigating the challenges of tribal jurisdiction. Educators seeking to deepen their understanding of these critical legal issues will also benefit greatly.
Minnesota Federal Court Acknowledges Tribal Court Jurisdiction over Off-Rez Marriage Dissolution
Here are the materials in Tix v. Tix (D. Minn.):
Tenth Circuit Oral Argument Audio in Thlopthlocco Tribal Town v. Wiley
New Student Scholarship on Oklahoma Choctaw Constitutional Interpretation
Crispin South has posted “Transplanted Rights in the Choctaw Nation: Threats to Sovereignty and Potential Solutions,” forthcoming in the Texas Journal on Civil Liberties & Civil Rights, on SSRN.
Here is the abstract:
The constitutions of Federally Recognized Indian Tribes are varied, but nearly all contain a bill of rights. The Choctaw Nation’s Constitution, like that of several other Tribes, rather than specifically enumerating rights, instead contains a single catch-all provision, protecting the same rights available to citizens of the State of Oklahoma. Recently, the Choctaw Nation’s Constitutional Court adopted a broad interpretation of this provision, potentially allowing non-Tribal sovereigns, like the State of Oklahoma, to indirectly control the laws and public policy of the Tribe. This is a serious threat to the Tribe’s sovereignty, touching on issues of transplanted law raised by Indian Law scholars Elmer Rusco and Wenona Singel. To address this threat, the Choctaw Nation, and other Tribal Nations with similar constitutional provisions, ought to adopt a practice of selectively incorporating rights. Under this approach, only those rights fundamental to the Tribal structure of liberty and democracy would be incorporated, thus preserving the Tribe’s right to be different from the State, and the United States. Little has been written regarding these “transplanted rights” provisions in Tribal constitutions, and nearly nothing has been published proposing judicial and legislative solutions to the problems raised by these provisions. This note fills this gap in the literature by proposing judicially focused solutions, legislative solutions, and solutions involving constitutional reform.
Turtle Talk 
You must be logged in to post a comment.