Tribal Law/Courts

58 ABA Journal Tribal Law/Courts articles.

Afternoon Briefs: Pelosi prepares impeachment articles for Senate; lawyer faces charges over deceased father’s pension

Pelosi plans to send impeachment articles to Senate next week

House Speaker Nancy Pelosi said in a letter to House Democrats on Friday that she is preparing to send the…

Attorney balances his firm’s demands with duties as a judge in local, federal and tribal courts

To borrow an analogy from Chief Justice John G. Roberts Jr., if lawyers are baseball players and judges are umpires, then Greg Smith not only calls balls and strikes, he also throws them and tries to hit them. Smith is a family lawyer in Tennessee. When he’s not practicing law, he’s interpreting it—serving as a judge at three different levels of government.

Gorsuch joins with liberal justices in Supreme Court ruling for Indian tribe’s hunting rights

U.S. Supreme Court Justice Neil M. Gorsuch joined with four liberal justices on Monday in a ruling for a member of the Crow Tribe who was arrested for offseason hunting.

Tribe bans South Dakota governor from reservation over her support for laws targeting Keystone XL pipeline protests

South Dakota Gov. Kristi Noem is no longer welcome on the Pine Ridge Reservation because of her support for anti-rioting laws passed in response to protests of the Keystone XL…

Can Trump legally use emergency powers to build a border wall? Experts weigh in
Updated: On Friday morning, President Donald Trump confirmed that he will be declaring a national emergency to build a border wall. Experts say the emergency declaration itself will likely be judged fully within his powers as the president of the United States. But it's much less clear that the president's emergency powers permit him to build a wall using the military construction statutes most observers think he'll use. And the project could be tied up in eminent domain challenges until 2020 or later.
Federal court in Texas declares Indian Child Welfare Act unconstitutional
A Northern Texas federal district court struck down portions of the Indian Child Welfare Act last Thursday, finding that the disputed sections violate the Fifth Amendment’s equal protection guarantee by mandating racial preferences.
How a rural murder case could return nearly half the state of Oklahoma to tribal control

Patrick Murphy doesn’t deny participating in the murder and mutilation of George Jacobs in 1999.

But it’s possible that his conviction doesn’t count. As Murphy argued in a habeas appeal to the 10th U.S. Circuit Court of Appeals at Denver, he’s a member of the Muscogee (Creek) Nation, as was Jacobs, and the murder took place on land that was part of the tribe’s reservation as defined by an 1866 treaty.

10 Questions: Native American judge devotes legal career to restorative justice

Chief Judge Abby Abinanti presides over the Yurok Tribal Court in Klamath, California, and her community-based, restorative approach to justice, along with initiatives she helped launch and lead, are improving lives across this remote Northern California reservation. There’s a wellness program to help drug offenders, a community restitution program, and even a program for those accused of domestic violence that has a recidivism rate of zero.

Legal aid agency serving the Navajo Nation to close 3 offices

A legal aid office serving a heavily Navajo clientele is shutting three of its nine offices for financial reasons, the Santa Fe New Mexican reported Thursday.

DNA-People’s Legal Services…

Drug firms knew opiates were being abused on Cherokee reservations but did nothing, lawsuit alleges

Pharmaceutical companies and drugstore retailers, named as defendants in a tribal court lawsuit alleging gross negligence, civil conspiracy and unjust enrichment related to the delivery system for prescription opiates, want…

David Grann uncovers conspiracy behind 1920s murders of members of oil-rich Osage Nation (podcast)
Although the Osage Nation had been forced from their ancestral lands by the U.S. government, through shrewd and careful bargaining, they retained the mineral rights to one of the richest oil fields in the world: Osage County, Oklahoma.

But the wealth of the Osage Nation, instead of insuring the prosperity and safety of the tribe, made its members targets for what was later known as the Reign of Terror. The task of solving dozens of murders fell in the 1920s to the newly formed FBI and its young director, J. Edgar Hoover.
What would happen if Trump administration ignored a court order? Law profs consider the issue

The Trump administration has complied with a nationwide injunction blocking the president’s executive order banning refugees and some immigrants from entering the United States.

But that hasn’t stopped some…

SCOTUS turns down Indian Child Welfare Act challenge brought by foster parents of Choctaw girl

The U.S. Supreme Court declined on Monday to hear a foster family’s challenge to the adoption of their former foster daughter under the Indian Child Welfare Act.

Rusty and…

Letters: Criticism of article on Indian child
Lawsuits dispute whether the Indian Child Welfare Act is in the best interests of children

Alexandria P.’s short life has been full of harsh goodbyes. At 17 months, she was taken from her parents after accusations of neglect. Los Angeles County authorities placed her in…

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