Here:
tribal election
Update in California Valley Miwok Tribe v. Salazar — Updated 9/27/13
The court has issued an opinion in California Valley Miwok Tribe v. Salazar (D. D.C.):
From the order:
This matter is before the Court on Intervenor-Defendant’s motion to dismiss for lack of subject-matter jurisdiction, Fed. R. Civ. P. 12(b)(1), and for failure to state a claim, Fed. R. Civ. P. 12(b)(6). See Motion to Dismiss Plaintiffs’ First Amended Complaint for Declaratory and Injunctive Relief (“Mot.”), Dkt. No. 58, at 2 (Mar. 26, 2012). Intervenor-Defendant also argues that it is a required party but that its joinder is precluded by sovereign immunity, id. at 21; for clarity the Court will construe this argument as a motion to join a required party under Federal Rule of Civil Procedure 19(a)(2). Because the Court agrees that Intervenor-Defendant is a required party but not that its joinder is precluded by sovereign immunity, the motion to join a required party is GRANTED. Because the Court finds Intervenor-Defendant’s remaining arguments to be largely — but not entirely — without merit, the motion to dismiss is GRANTED in part and DENIED in part.
Materials are here.
Update — additional materials:
2013 09 20 Motion for Reconsideration
Spirit Lake Leadership Dispute — Yankton v. Hopkins
Here is the federal court complaint:
New Paper on the Availability of Tribal Law
Bonnie J. Shucha posted her paper, “Whatever Tribal Precedent There May Be’: The (Un)Availability of Tribal Law” on SSRN. Here is the abstract:
This article explores the costs and benefits of publishing tribal law. Part I analyzes why tribal law is not more widely available; part II illustrates the benefits of making tribal law more accessible, and part III describes publication options for tribes. An appendix lists currently available tribal law collections.
Materials in California Valley Miwok Tribe v. Salazar (Tribal Dispute)
Federal Court Denies Motion for TRO to Enjoin Nooksack Disenrollment Election
Here are the materials in St. Germain v. Dept. of Interior (W.D. Wash.):
4-Motion for TRO and Proposed Order
23 Defendant’s Opposition to Plaintiffs’ Application for a TRO
Additional Tribal Court Materials in Nooksack Tribal Disenrollment Case — Second Emergency Motion for TRO
Here are the new materials in Lomeli v. Kelly (Nooksack Tribal Ct.):
Second Emergency Motion for Temporary Restraining Order
Defendants’ Response in Opposition to Second Emer Motion for TRO
Reply in Support of Second Emergency Motion for TRO
Tribal Court Order Denying Second TRO Motion re Election
Tribal Court Order Denying Second TRO Re General Special Meetings
Federal Court Denies Emergency Motion to Allow Cherokee Freedmen to Vote
Here are the materials in Cherokee Nation v. Nash (N.D. Okla.):
News coverage here.
Federal Magistrate Grants Lewis Faction Motion to Intervene in Chukchansi Leadership Dispute
Eighth Circuit Rejects Sandy Lake Chippewa Secretarial Election Appeal — UPDATED with briefs
Here is the opinion.
The court’s syllabus:
Civil case – Indian law. Because the district court had adjudicated the issue of subject matter jurisdiction in the Sandy Lake Band’s previous suit, and Sandy Lake did not appeal from that decision or exhaust its administrative remedies, the court is bound by the district court’s original determination that it lacked subject matter jurisdiction; the district court’s dismissal order is affirmed, but modified to be without prejudice.
Briefs:
Lower court materials here.
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