Tribal Law/Courts

59 ABA Journal Tribal Law/Courts articles.

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…

US will halt work on oil pipeline opposed by Standing Rock Sioux tribe; judge refused injunction

The federal government announced on Friday that it will halt construction of an oil pipeline near a lake that plays an important role to members of the Standing Rock Sioux…

May 8, 1973: American Indian Movement surrenders at Wounded Knee after 71-day standoff
By February 1973, unrest among Lakota residents of the Pine Ridge Reservation in South Dakota was coming to a boil. Though in office barely a year, the tribe's elected chief,…
Congress should bolster jurisdiction of tribal courts over violence against children, ABA urges
The ABA is urging Congress to follow the recommendations of recent reports by the U.S. Justice Department and the Indian Law and Order Commission that call for giving American Indian…
Gay ‘conversion therapy’ for minors opposed by ABA House leaders

“Conversion therapy,” which seeks to change an individual’s sexual orientation or gender identity, has been rejected by a long list of medical organizations, James J.S. Holmes told the ABA’s…

Commissioners speak on the future of justice on American Indian land

For Tom Gede, a member of the Indian Law & Order Commission, the most emotional part of the entity’s work took place in Alaska.

That was where the commission,…

South Dakota class action highlights violations of the Indian Child Welfare Act
When South Dakota's Pennington County petitioned to take custody of Madonna Pappan's children, the hearing lasted slightly more than 60 seconds.

Indian tribes are retaking jurisdiction over domestic violence on their own land
Diane Millich was only days into her marriage when her husband first hit her. So began her year of "horrific terror."

Millich, a member of the Southern…
American Indians challenging eagle feather rules get a boost from Hobby Lobby ruling
In many American Indian religions, the eagle is considered a link to the creator and the spirit world. Its feathers are an important part of rituals, facilitating spiritual or physical…
US will pay Navajo Nation $554M to settle suit claiming mismanagement of resources

The United States has agreed to pay the Navajo Nation $554 million in a record settlement with an American tribe in litigation over mismanagement of tribal resources.

The payment settles…

Indian tribe’s malpractice case against former lawyers thrown out

A Florida judge has thrown out a malpractice case brought by the Miccosukee Indian tribe alleging more than $10 million in billing fraud by two prominent Miami lawyers, the

Tribe says sovereign immunity protects it from paying $1M attorney fees in Baby Veronica case

The Cherokee Nation says in court papers filed last week that sovereign immunity protects it from efforts to collect more than $1 million in legal fees by lawyers for the…

SCOTUS sides with adoptive couple, says Indian Child Welfare Act doesn’t apply

In a bitter custody dispute between a South Carolina adoptive couple and a child’s Native American birth father, the U.S. Supreme Court has sided with the adoptive parents. In Justice…

Federal judge sequesters 19 lawyers in jury room, tells them to ‘identify genuine issues’ by 2 pm

A federal judge put 19 lawyers in his Salt Lake City jury room on Monday morning and told them he hoped they would “identify genuine issues” in a nearly 40-year-old…

Supreme Court to Hear Adoption Case Involving Baby Veronica and American Indian Dad

The U.S. Supreme Court has agreed to hear an adoption dispute involving a toddler named Veronica and an American Indian father who initially renounced his parental rights by text message.

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