Here is the opinion in Jackson v. Tulalip Tribes of Washington (Tulalip Tribal Court):
tribal courts
NAICJA Announcement: “Developing Tribal Justice Systems in a Public Law 280 State”
Join the National American Indian Court Judges Association and the American Indian Law Center for the second in a series of four upcoming webinars on Emerging Practices in Civil Legal Assistance and Criminal Indigent Defense. The goal of these webinars is to share four emerging practices that incorporate the philosophy, values, and characteristics of successful and effective legal assistance practices. These webinars will also share and highlight multiple programs that are currently implementing these practices.
Webinar 2 – “Developing Tribal Justice Systems in a Public Law 280 State” Continue reading
Western Sky-Related Debt Collector Successfully Compels Arbitration in Virginia Case
Here are the materials in Hayes v. Delbert Services Corp. (E.D. Va.):
An excerpt:
This matter cornes before the Court on the defendant’s motion [2] to dismiss the amended complaint or, alternatively, to compel arbitration. (Dk. No. 30.) The plaintiffs, borrowers from internet payday lender Western Sky Financial, LLC, brought this action on behalf of themselves and others similarly situated against Delbert Services Corporation, a third-party debt collecter. The plaintiffs allege Delbert violated the Fair Debt Collection Practices Act (“FDCPA”) and the Telephone Consumer Protection Act (“TCPA”) in the course of its collection efforts. Delbert moves to dismiss based on the Loan Agreements’ forum-selection clause or on the basis of the tribal exhaustion doctrine. Alternatively, Delbert moves to compel arbitration.
The forum-selection clause does not reach third-party debt collectors such as Delbert, and the doctrine of tribal exhaustion does not apply under the facts of this case. The language of the arbitration agreement, however, covers disputes with third-party debt collectors.
Accordingly, the Court GRANTS the motion to compel arbitration under the terms of the Loan Agreement and DISMISSES the claim without prejudice.
Kate Fort & Peter Vicaire on Child Welfare and American Indian Active Duty Servicemembers and Veterans
Kathryn E. Fort and Peter S. Vicaire have posted “The Invisible Families: Child Welfare and American Indian Active Duty Servicemembers and Veterans,” forthcoming in the Federal Lawyer.
The abstract:
Child welfare issues as they involve Native military families are rarely discussed. In the recent case of Adoptive Couple v. Baby Girl, the Supreme Court erased them entirely. The federal government, tribes and states can address issues affecting Native military families in a number of ways discussed in this article, including:
• Kinship placement in contested adoptions put on hold due to deployment;
• Ensuring Memorandums of Understanding between military bases and states include reference to the Indian Child Welfare Act (ICWA);
• Identifying and educating attorneys — including Judge Advocates — on both ICWA and the Servicemembers Civil Relief Act;
• Training Veteran Treatment Court judges on issues specific to Native veterans;
• Modeling specialized state Indian Child Welfare Act dockets on Veteran Treatment Courts;
• Opening conversations between child welfare courts and veterans courts, and assigning one judge per family;
• Encouraging the development of tribal court veterans treatment dockets and engaging with the Veterans Administration (VA) through Veteran Justice Outreach Specialists (VJOs)
Tenth Circuit Briefs in Harvey v. Ute Indian Tribe (Federal Removal; Tribal Jurisdiction)
Two Indian Law Articles in Newest Volume of Arizona State Law Journal
Here:
Reid Peyton Chambers’ Canby Lecture, “REFLECTIONS ON THE CHANGES IN INDIAN LAW, FEDERAL INDIAN POLICIES AND CONDITIONS ON INDIAN RESERVATIONS SINCE THE LATE 1960s,” is available in pdf here.
And Matthew L.M. Fletcher’s “A UNIFYING THEORY OF TRIBAL CIVIL JURISDICTION” is available in pdf here and here.
Big Legal Battle Brewing over Colorado River Indian Tribes California-Side Reservation
From the L.A. Times, here is “Holdouts, tribes clash over border of Colorado River reservation.”
The materials so far in French v. Starr (D. Ariz.):
54 Tribal Motion for Summary J
76 French Response to US Amicus
Harvard Law Review Comment on Dollar General v. Mississippi Band of Choctaw Indians
Suit against Western Sky/Butch Webb to Proceed
Here are the materials in Scherr v. Western Sky Financial (N.D. Ill.):
Ninth Circuit Holds Strate Governs Navajo Civil Jurisdiction over Nonmembers on State Highways
Here is the unpublished memorandum. An excerpt:
Appellants conceded at oral argument that the Navajo Nation has not retained the right to exclude nonmembers on U.S. Highway 160. Consequently, the highway is the equivalent of non-Indian fee land for jurisdictional purposes, and this case is governed by Strate v. A-1 Contractors, 520 U.S. 438 (1997). See Strate, 520 U.S. at 455-56.
Briefs and oral argument materials here.
Federal district court materials here.
Tribal court materials here.
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