Here.
Splinter: “The Long Thorny History of the Cherokee Who Owned African Slaves”
Here.
tribal membership
Nooksack Update in Federal RICO Action
Here are new materials in Rabang v. Kelly (W.D. Wash.):
122 Plaintiffs’ Supplemental Summary Judgment Response
Ninth Circuit briefs in Rabang v. Kelly are here.
Paul Spruhan on the Law of the Certificate of Degree of Indian Blood (CDIB)
Paul Spruhan posted “CDIB: The Role of the Certificate of Degree of Indian Blood in Defining Native American Legal Identity” on SSRN.
The abstract:
This essay discusses the “CDIB” or Certificate of Indian or Alaska Native Blood, a document that proves an individual’s quantum of Native American blood. The CDIB is a federal document issued by the Bureau of Indian Affairs or by tribal nations through a “638” self-determination contract, but without published regulations or even clear written guidelines. The essay discusses its mysterious origins, its primary purpose, and its role in defining Native American legal identity. It also suggests some provisions to be included in final regulations, should the Bureau of Indian Affairs revive its attempt to publish CDIB regulations.
Latest Nooksack Federal Court, IHS Developments
Here are new materials in Rabang v. Kelly (W.D. Wash.):
9-22-17 letter from ihs to nooksack tribal members
11-18-16 Letter IHS Regional Director Dean Seyler to Nooksack Chairman Robert Kelly Jr
116 Plaintiffs’ Supplemental Briefing Re MOA
Tavares v. Whitehouse Cert Petition (United Auburn Indian Community Banishment)
Here:
Question presented:
This case presents a question that divides the circuits: Should the “detention” requirement for habeas review under the ICRA be construed “more narrowly than” the “custody” showing required under other federal habeas statutes?
Lower court materials here.
UPDATE (10/27/17): Amicus Brief
Briefs For Opposing Motions to Compel and Quash in Nooksack RICO Case
Here are the documents in the matter of Rabang v. Kelly, 17-cv-00088 (W.D. Wash.):
- Doc. 95 – Plaintiffs’ Motion to Compel Discovery
- Doc. 98 – Motion to Quash Subpoena Noted for Hearing September 8 2017
- Doc. 102 – Response of Kelly Defendants in Opposition to Plaintiffs’ Motion to Compel Discovery
- Doc. 104 – Plaintiffs’ Response to Schwabe’s Motion to Quash Subpoena
- Doc. 108 – Defendant Dodge’s Opposition to Plaintiffs’ Motion to Compel Discovery
- Doc. 110 – Plaintiffs’ Reply to Non-Parties’ Memorandum in Opposition to Motion to Compel
- Doc. 111 – Plaintiffs’ Reply to Kelly Defendants in Opposition to Plaintiffs’ Motion to Compel Discovery
- Doc. 115 – Minute Order
Link: Previous posts
Ninth Circuit Briefs in Rabang v. Kelly (Nooksack RICO Matter)
Federal Court Dismisses Pro Se Action against Interior and Stockbridge-Munsee
Here are the materials in Bruette v. Secretary of the Interior (E.D. Wis.):
Nooksack Reaches Settlement with National Indian Gaming Commission
Here:
Federal Court Rules Cherokee Freedmen Retain Treaty Rights
Here is the opinion in Cherokee Nation v. Nash (D.D.C.).
More details tomorrow.
An excerpt:
The Court finds it confounding that the Cherokee Nation historically had no qualms about regarding freedmen as Cherokee “property” yet continues, even after 150 years, to balk when confronted with the legal imperative to treat them as Cherokee people. While the Cherokee Nation might persist in its design to perpetuate a moral injustice, this Court will not be complicit in the perpetuation of a legal injustice.
Turtle Talk 
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