indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Turtle Talk: Tribal court jurisdiction case
Monday, March 30, 2009
Filed Under: Law

"SCOTUSBlog lists Coushatta Tribe v. Meyer & Assoc. as a petition to watch for the April 3, 2009 conference. A cursory review of the cert petition shows that there may be a conflict in the state courts about whether the tribal court exhaustion doctrine enunciated by National Farmers Union and Iowa Mutual applies to state courts. The conflict seems to be with the Connecticut courts, and perhaps the New York and Wisconsin courts (though there are good reasons to doubt whether those courts have really embraced the doctrine), which have held that the tribal court exhaustion doctrine applies to its courts. Other courts — Louisiana, Arizona, and others — have rejected the application of the doctrine to their courts.

My sense is that the Court will deny this petition, though it is definitely worth watching. Three key reasons: (1) Louisiana’s course of action was to treat this common law doctrine as applying only to federal courts, preserving its own choice whether or not to adopt this federal court doctrine (a choice it made in the negative, just as Connecticut chose to adopt it, presumably of its own free will), making this dispute more a state law question than a federal law question; (2) the tribe is the petitioner; and (3) this is a common law case, rather than a federal statutory interpretation case or a federal constitutional case."

Get the Story:
Coushatta Tribe v. Meyer & Assoc. a “Petition to Watch” (Turtle Talk 3/29)



Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Federal court blocks attempt to condemn lands on Navajo Nation (5/26)
Bill removes blood quantum requirement for Five Civilized Tribes (5/26)
Mark Trahant: Voting is just sooo hard in the era of Donald Trump (5/26)
Ryan Benally: Bears Ears was false promise for Native Americans (5/26)
Adrian Jawort: Should non-Natives ever write about our people? (5/26)
Native turnout fails to sway closely-watched election in Montana (5/26)
Eastern Cherokee council ousts chief for only 2nd time in history (5/26)
Standing Rock Sioux Tribe into election season with crowded field (5/26)
Lacrosse documentary 'Pride of a Nation' opens to strong reviews (5/26)
Seminole Tribe working hard to rid new casino of Trump's influence (5/26)
Lawmakers once again seek fixes to 'broken' Indian Health Service (5/25)
Secretary Zinke headed to National Congress of American Indians (5/25)
Bureau of Indian Affairs opens listening sessions on reorganization (5/25)
Kevin Washburn: Indian Country feels the pain with Donald Trump (5/25)
Yakama Nation landowners weigh offers as buy-back winds down (5/25)
Flandreau Santee Sioux Tribe cannabis consultant found not guilty (5/25)
Secretary Zinke plans to work with tribes on drilling push in Alaska (5/25)
Republican candidate to replace Ryan Zinke charged with assault (5/25)
Democrats drop Andrew Jackson from name of event in Arkansas (5/25)
Chickasaw Nation breaks ground on $10M casino by Texas border (5/25)
Washoe Tribe celebrates 1st anniversary of unique gaming facility (5/25)
Keweenaw Bay Indian Community shares update on casino work (5/25)
Trump administration ready to let Cobell program run out of funds (5/24)
Northwest tribes slam Trump's budget for cuts to Indian programs (5/24)
Cheyenne River Sioux Tribe finds one bright spot in Trump's budget (5/24)
Pascua Yaqui Tribe reports jury conviction of non-Indian offender (5/24)
YES! Magazine: Native birthing center maintains tribal traditions (5/24)
Peter d'Errico: Founding Fathers conspired to take land from tribes (5/24)
Eastern Cherokee chief questions fairness of impeachment hearing (5/24)
Another guilty plea in theft of gaming funds from Winnebago Tribe (5/24)
Tribes clear legislative hurdle in bid for new casino in Connecticut (5/24)
President Trump confirms Indian Country's worst fears with budget (5/23)
Office of Special Trustee pitches lower budget as 'taxpayer' savings (5/23)
Steven Newcomb: Monuments to white supremacy harm our people (5/23)
Two more spills of oil from Dakota Access Pipeline in North Dakota (5/23)
Native woman in skirt and sandals wins ultramarathon in Mexico (5/23)
Brothers from Huichol Tribe murdered as drug war rages in Mexico (5/23)
Iowa Tribe misses deadline again to launch internet poker project (5/23)
Mississippi Choctaw citizens request vote on $25M casino project (5/23)
Aquinnah Wampanoag Tribe must wait to restart work on casino (5/23)
Documents show few meetings between Secretary Zinke and tribes (5/22)
Landowners on 2 reservations in Nebraska receive buy-back offers (5/22)
Human Rights Complaint: 'We are only letting the white people in' (5/22)
Mark Trahant: Funds for Indian health in danger under Republicans (5/22)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.