tribal courts – Page 7

Join us in Chicago, Illinois for this year’s 77th Annual Conference featuring a wide range of juvenile and family law topics including child abuse and neglect, trauma, custody and visitation, judicial leadership, juvenile justice, sex trafficking of minors, family violence, drug courts, psychotropic medications, children testifying in court, detention alternatives, substance abuse, and the adolescent brain.

In addition, this year we are offering a preconference workshop, Special Consideration for Working with Adolescents with Substance Abuse Issues, designed for professionals working with juvenile justice involved youth who also have mental health, substance abuse, or trauma issues. Any juvenile court judges, juvenile drug court coordinators, attorneys, probation officers, case managers, and substance abuse treatment counselors are encouraged to attend.

Information available here.

News Profile of Tribal Sovereignty in South Dakota

May 20, 2014Matthew L.M. Fletcher

Here. “What is tribal sovereignty?”

Michigan State Law Review Symposium on Wenona Singel’s “Indian Tribes and Human Rights Accountability”

March 11, 2014March 11, 2014Matthew L.M. Fletcher

Michigan State Law Review has published several articles from its symposium on Wenona Singel’s paper “Indian Tribes and Human Rights Accountability.”

Tribal Rights, Human Rights

Kristen A. Carpenter & Angela R. Riley

2013 Mich. St. L. Rev. 293 | Download PDF

Nenabozho’s Smart Berries: Rethinking Tribal Sovereignty and Accountability

Heidi Kiiwetinepinesiik Stark

2013 Mich. St. L. Rev. 339 | Download PDF

Jurisdiction and Human Rights Accountability in Indian Country

Kirsten Matoy Carlson

2013 Mich. St. L. Rev. 355 | Download PDF

First “Review” of Scholarly Promise and Achievement

Frank Pommersheim

2013 Mich. St. L. Rev. 291 | Download PDF

Tribal Sovereignty and Human Rights

Joseph William Singer

2013 Mich. St. L. Rev. 307 | Download PDF

A Most Grievous Display of Behavior: Self-Decimation in Indian Country

David E. Wilkins

2013 Mich. St. L. Rev. 325 | Download PDF

Healing to Wellness Courts: Therapeutic Justice

Joseph Thomas Flies-Away & Carrie E. Garrow

2013 Mich. St. L. Rev. 403 | Download PDF

Phil Tinker on Tribal Authority to Regulate Nonmember Conduct in Indian Country

February 21, 2014Matthew L.M. Fletcher

Phil Tinker has posted his paper, “In Search of a Civil Solution: Tribal Authority to Regulate Nonmember Conduct in Indian Country,” forthcoming in the September 2014 issue of the Tulsa Law Review.

Here is the abstract:

Violence in Indian Country is epidemic. Tribal governments, which ostensibly have primary responsibility for keeping the peace within their territory, are hampered by restrictive federal laws that prohibit Tribes from exercising criminal authority over non-Indians. This is so even where those non-Indian lawbreakers live on the reservation and commit acts of violence against tribal members. Instead, the federal government is responsible for investigating and prosecuting most on-reservation crime. This irrational system is the product an archaic federal policies dating back to the 19th century that have never been adequate to protect Indian communities.

Federal Court Holds Tribal Courts May Adjudicate Claims against On-Rez Public Schools in North Dakota

February 6, 2014February 5, 2014Matthew L.M. Fletcher4 Comments

Here are the materials in Belcourt Public School District v. Davis (D. N.D.):

19 Belcourt Motion for Summary J

19-6 TMAC Appellate Decision

26 Defendants Response

27 Belcourt Reply

33 DCT Order

And here is the opinion in Fort Yates Public School District #4 v. Murphy (D. N.D.):

40 DCT Order

We posted materials in this matter here.

Nebraska COA Orders Transfer of ICWA Matter to Tribal Court

January 15, 2014Matthew L.M. Fletcher1 Comment

Here is the opinion in In re Jayden D.

An excerpt:

Because the State did not meet its burden of establishing good cause to deny transfer to tribal court, the juvenile court abused its discretion in denying Yolanda’s motion to transfer. We reverse the order of the juvenile court and remand the cause with directions to sustain the motion to transfer.