Here:
Oral argument:
Lower court materials here.
tribal election
MHA Nation Member Wins Challenge to Secretarial Election Disenfranchising Off-Reservation Voters
Here are the materials in Hudson v. Zinke (D.D.C.):
New Fletcher Paper: “The Rise and Fall of the Ogemakaan”
Please check out my new paper, “The Rise and Fall of the Ogemakaan,” now available on SSRN. Here is the abstract:
Anishinaabe (Odawa, Bodewadmi, and Ojibwe) legal and political philosophy is buried under the infrastructure of modern self-determination law and policy. Modern Anishinaabe tribes are rough copies of American governments. The Anishinaabeg (people) usually choose their ogemaag (leaders) through an at-large election process that infects tribal politics with individualized self-interest. Those elected leaders, what I call ogemaakaan (artificial leaders) preside over modern governments that encourage hierarchy, political opportunism, and tyranny of the majority. While modern tribal governments are extraordinary successes compared to the era of total federal control, a significant number of tribes face intractable political disputes that can traced to the philosophical disconnect from culture and tradition.
Anishinaabe philosophy prioritizes ogemaag who are deferential and serve as leaders only for limited purposes and times. Ogemaag are true representatives who act only when and how instructed to do so by their constituents. Their decisions are rooted in cultural and traditional philosophies, including for example Mino-Bimaadiziwin (the act of living a good life), Inawendewin (relational accountability), Niizhwaaswii Mishomis/Nokomis Kinoomaagewinawaan (the Seven Gifts the Grandfathers or Grandmothers), and the Dodemaag (clans). I offer suggestions on how modern tribal government structures can be lightly modified to restore much of this philosophy.
Nooksack Update [Updated 2/17/20]
Here is “A woman took a stand against tribal disenrollment and paid for it” in High Country News.
Updates in pending litigation….
Doucette v. Bernhardt (W.D. Wash.):
Doucette v. Bernhardt 46-1. 1-29-20 Exhibit A
Doucette v. Bernhardt 46-2. 1-29-20 Exhibit B
Doucette v. Bernhardt 46-3. 1-29-20 Exhibit C
Doucette v. Bernhardt 46-4. 1-29-20 Exhibit D
Rabang v. Kelly (W.D. Wash.):
UPDATE:
Wolters Kluwer (Aspen) Publishes Second Edition of Fletcher’s American Indian Tribal Law
Website here.
New York Court of Appeals Decides Against Interfering in Cayuga Leadership Dispute
Muscogee Primary Election Results Vacated
Here is the opinion in In re Tiger (Muscogee (Creek) Supreme Court):
doc.-3-order-and-opinion-100219-2.pdf
News coverage here.
Nooksack Federal/State Litigation Update
Tageant v. Ashby (state court tort suit removed to federal court)
1-0.-7-12-19-notice-of-removal-to-federal-court.pdf
6.-7-17-19-defendant-michael-ashbys-motion-for-certification-of-employment.pdf
14.-8-5-19-united-states-opposition-to-defendants-motion-for-certification-of-federal-employment.pdf
16.-8-9-19-defendant-mike-ashbys-reply-in-support-of-motion-for-certification-of-employment.pdf
Adams v. Elfo (federal court habeas corpus suit)
6.-8-13-19-amended-petition-for-writ-of-habeas-corpus.pdf
Adams v. Dodge (state court tort suit)
8-13-19-first-amended-complaint.pdf
Doucette v. Zinke (federal APA suit)
Update in San Pasqual Band Membership Suits
Here are the materials in Alegre v. United States (S.D. Cal.):
50-1 Individual Defendants MTD
Nooksack Update: Rabang v. Kelly II (9th Cir.); Doucette v. Bernhardt (W.D. Wash))
District court materials (prior post here):
28 Doucette v. Bernhardt 3-7-19 Plaintiffs’ Motion for Summary Judgment
34 Doucette v. Bernhardt 5-31-19 Reply re Defendants’ Cross-Motion for Summary Judgment
Ninth Circuit materials:
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