From the Mt. Pleasant Morning Sun:
Tribe banishes four
The Saginaw Chippewa Indian Tribe has begun using a very old method of dealing with problems in a new way: invoking the ancient tribal practice of banishing troublemakers from tribal lands.
tribal court
NM Ct App ICWA Decision: Cherino v. Cherino
Here’s the opinion, reversing a trial court decision transferring a simple Indian child custody case to the Isleta Pueblo tribal court.
From KVIA:
Custody dispute doesn’t belong in tribal court, appeals court says
Associated Press – December 19, 2007 7:05 PM ET
SANTA FE (AP) – Custody disputes involving Indian children and their biological parents may not be transferred from state court to tribal court.
Mashantucket Pequot Defense of Tribal Union Law
From the Connecticut Day:
Balancing The Rights Of Workers, Tribe
By Michael J. Thomas
We know you have been following recent events here at Mashantucket involving union activity. We are writing to you so that you might understand the position of the tribal nation, and hopefully understand that just as you are concerned with the rights of our workers, so are we.
Plains Commerce Bank v. Long Family Land & Cattle Co. Materials — Update
Plains Commerce Bank’s cert petn reply brief is here: Reply Brief
All other materials are at our previous post.
Nebraska COA Orders Trial Court to Comply with ICWA
The case, In re Lawrence H., is here.
From the court’s intro:
Ida H. and Jose O. appeal the order of the separate juvenile court of Douglas County that terminated their parental rights to their son Lawrence H., also known as Faren H. (Faren). Because we conclude that the juvenile court erred in deferring its ruling on the motion to transfer of the Omaha Tribe of Nebraska (Omaha Tribe), we reverse the juvenile court’s denial of the motion to transfer, vacate and dismiss the order terminating parental rights, and remand with directions to transfer the matter to tribal court.
Plains Commerce Bank v. Long Family Land & Cattle Co. Materials
Plains Commerce Bank recently filed a cert petition in this matter, which involves a tribal court judgment against Plains Commerce. The bank argues the tribal court didn’t have jurisdiction over it, despite waiving that argument before the tribal court.
Here are the materials:
Makah Tribal Court Whaling Charges Filed
From the Peninsula Daily News:
Whalers plead not guilty to tribal charges
By Jim Casey, Peninsula Daily News
NEAH BAY – The five members of the Makah tribe accused of illegally killing a whale will go to trial in tribal court Jan. 22.
St. Regis Mohawk’s $3B Suit against Harrah’s re: Interference with Gaming Contract
The Northern District of New York refused to dismiss a claim seeking to enforce a tribal court judgment against Harrah’s for an amount (including interest) approaching $3 Billion. The case is Vacco v. Harrah’s Operating Co., Inc.
Legal materials and news coverage below:
Hon. J. Matthew Martin (Eastern Band Cherokee) on FTCA “Law of the Place”
Judge Martin of the Eastern Band Cherokee tribal court has published “Federal Malpractice in Indian Country and the ‘Law of the Place’: A Re-examination of Williams v. United States Under Existing Law of the Eastern Band of Cherokee Indians” in the Campbell Law Review.
Suit in Navajo Tribal Courts Over Gaming
From the Las Cruces Sun-News (h/t Indianz):
Group to legally challenge Navajo Nation’s plan for first casino
ALBUQUERQUE – Months before the Navajo Nation’s first casino is scheduled to open, a group is planning to sue over the validity of legislation that provides for financing the development of that casino and others.
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