D.C. Circuit Decides Freedmen Case

The D.C. Circuit reversed the lower court’s determination that the 13th Amendment abrogated tribal sovereign immunity, but held that the Ex parte Young doctrine allows a suit against Cherokee Nation tribal officials to proceed.

Here is the opinion.

Here are the D.C. Circuit briefs.

Marilyn Vann Talk Materials

On November 9, 2007, Marilyn Vann spoke about the history of the Cherokee Freedmen here at MSU law college. As she did during her talk at last April’s Federal Bar Association’s Indian Law Conference, she presented a slide show of numerous materials.

Here are the materials — Marilyn Vann Materials

And here is a description of each page in the materials provided by Marilyn: Continue reading

Vann v. Kempthorne Materials

Last December, the federal court denied the Cherokee Nation’s motion to dismiss Vann v. Kempthorne. The Nation had argued that it was a necessary and indispensable party under FRCP 19. And, because it hadn’t waived its immunity, the Nation argued that the federal case must be dismissed. The United States argued that the case should be dismissed under the tribal court exhaustion doctrine. The court disagreed.

Vann 2nd Amended Complaint

Cherokee Motion to Dismiss

Opposition to Cherokee Motion

Cherokee Reply Brief

US Brief

Order Denying Motion

My own article on Rule 19 and tribal interests is here.

Native Heritage Month at MSU

You can download the calendar here: MSU Native Heritage Month Calendar

Highlights include Pat LeBeau’s talk on mascots on the 7th and NALSA’s panel, Tribal Extinction, featuring Marilyn Vann of the Cherokee Freedmen, on the 9th.