Category Archives: tribal membership

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

Posted in Author: Matthew L.M. Fletcher, Scholarship, Tribal Codes, tribal constitutions, tribal membership, trust relationship | Tagged , , , ,

Saginaw Chippewa Disenrollees’ Suit Dismissed

Here is the order in Cavazos v. Zinke (D.D.C.): 16 DCT Order Briefs here.

Posted in Author: Matthew L.M. Fletcher, Michigan Indian, Research, tribal membership | Tagged , , ,

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 , ,

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!

Posted in Author: Matthew L.M. Fletcher, ICWA, Scholarship, tribal membership | Tagged ,

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 , , , , , , , | 1 Comment

Slate: “The Fight Over Who’s a ‘Real Indian’”

Here.

Posted in Author: Matthew L.M. Fletcher, Research, tribal membership | Tagged

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

Posted in Author: Matthew L.M. Fletcher, Scholarship, Tribal Codes, tribal constitutions, tribal membership | Tagged , ,

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

Posted in Author: Matthew L.M. Fletcher, Research, tribal membership | Tagged , , ,

Update in Rabang v. Kelly

Here are new docs: 4-11-18 Order Denying Defendants’ Rule 62.1 Motion For Indicative Ruling Regarding Dismissal 4-11-18 Rabang v. Kelly (9th Cir.) Kelly Appellants’ Motion For Voluntary Dismissal Of Appeal 4-11-18 Rabang v. Kelly (9th Cir.) Notice of District Court … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts, tribal election, tribal membership | Tagged , , ,

Citizen Indigenous || Radcliffe Institute

Here:

Posted in Author: Matthew L.M. Fletcher, Symposia, tribal membership | Tagged , | 1 Comment