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Category Archives: tribal membership
Muscogee Freedmen Descendants Forced to Exhaust Tribal Remedies
Here is the order in Muscogee Creek Indian Freedmen Band v. Bernhardt (D.D.C.): 29 DCT Order Briefs here.
Fletcher: “Law, Politics, and the Constitution”
Here, on SSRN. The abstract: The question whether Congress may create legal classifications based on Indian status under the Fifth Amendment’s Due Process Clause is now reaching a critical point. Critics claim the Constitution allows no room to create race … Continue reading
Saginaw Chippewa Disenrollees’ Suit Dismissed
Here is the order in Cavazos v. Zinke (D.D.C.): 16 DCT Order Briefs here.
Rabang v. Kelly I: Ninth Circuit Awards Nooksack Disenrollees $91K in Prevailing Party Fees
Here: 51 11-21-18 Supplemental Opposition to the Amount of Fees Requested 52 11-26-18 Appellees’ Supplemental Reply in Support of Application for Attorney’s Fees 53 12-13-18 Order
Posted in Author: Matthew L.M. Fletcher, Research, tribal membership
Tagged attorney fees, Ninth Circuit, Rabang v. Kelly
Adrea Korthase on the Definition of “Indian Child” in the Era of Assisted Reproductive Technology
Adrea Korthase has published Seminal Choices: The Definition of “Indian Child” in a Time of Assisted Reproductive Technology in the Journal of the American Academy of Matrimonial Lawyers. HIGHLY RECOMMENDED!
Nooksack: Three New Disenrollment-Related Lawsuits
Doucette v. Zinke (W.D. Wash): complaint Belmont v. BIA Acting Northwest Regional Director (IBIA): appellants’ notice of appeal and initial statements of reasons Tageant v. Smith (Wash. Sup. Ct.): first amended complaint
Posted in Author: Matthew L.M. Fletcher, Research, tribal membership
Tagged Belmont v. BIA Acting Northwest Regional Director, Doucette v Zinke, Interior Board of Indian Appeals, Nooksack Indian Tribe, Tageant v. Smith, tribal member disenrollments, Washington Superior Court, Western District of Washington
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Slate: “The Fight Over Who’s a ‘Real Indian’”
Here.
Posted in Author: Matthew L.M. Fletcher, Research, tribal membership
Tagged tribal member disenrollments
Julia Stinson on Disenrollment as Cruel and Unusual Punishment
Julia M. Stinson has posted “When Tribal Disenrollment Becomes Cruel and Unusual” on SSRN. The article is forthcoming in the Nebraska Law Review. Here is the abstract: In the past two decades, Native American tribes have disenrolled—permanently removed from tribal … Continue reading
Ninth Circuit Dismisses Rabang v. Kelly; Awards Disenrollee Plaintiffs Fees & Costs
Here: 37 4-19-18 Appellees’ Response to Appellants’ Motion for Voluntary Dismissal of Appeal 38 4-26-18 Appellants’ Reply Supporting Motion for Voluntary Dismissal of Appeal 39 5-18-18 Order
