More: icra

Federal judge who questioned 'Indian blood' and tribal courts resigns due to sexual harassment
Law | National

Federal judge who questioned 'Indian blood' and tribal courts resigns due to sexual harassment (December 18, 2017)

A prominent federal judge who has questioned whether certain criminal laws should be based on 'Indian blood' and whether tribal courts are fair is resigning after being repeatedly accused of sexual harassment.

Ak-Chin Indian Community citizen secures decision in favor of marriage equality
Law | National

Ak-Chin Indian Community citizen secures decision in favor of marriage equality (October 26, 2017)

The Ak-Chin Indian Community is accepting a ruling that requires the tribe to recognize all marriages.

Internal tribal disputes continue to trip up federal court system
Law | National | Politics

Internal tribal disputes continue to trip up federal court system (March 23, 2017)

Tribal citizens who have been punished by their governments are finding few allies in the federal court system but that isn't stopping them from seeking justice.

Harold Monteau: Tribal governments are abusing their own people
Law | Opinion | Politics

Harold Monteau: Tribal governments are abusing their own people (March 23, 2017)

Recent corruption and Civil Rights abuse of Indians means an Indian Civil Rights Act refresher may be needed.

Noah Feldman: Supreme Court puts more Indian people in federal prison
Law | Opinion

Noah Feldman: Supreme Court puts more Indian people in federal prison (June 16, 2016)

The bottom line is therefore that the federal law is likely to lead to more Native Americans ending up in federal prisons – without having had the benefits of legal representation when they were convicted of the underlying crimes that helped put them there.

Supreme Court decision hailed as a victory for tribal sovereignty
Law | National

Supreme Court decision hailed as a victory for tribal sovereignty (June 14, 2016)

Native women and their advocates call the unanimous ruling an important step in their quest for justice in Indian Country.

Dominique Alan Fenton: Tribal citizens go without lawyers in court
Law | Opinion

Dominique Alan Fenton: Tribal citizens go without lawyers in court (June 14, 2016)

Native Americans who live on more than 300 federal reservations are afforded rights outlined in the Indian Civil Rights Act of 1968, but the scope of indigent representation is left for tribes to determine.

Supreme Court upholds use of tribal convictions in federal system
Law | National

Supreme Court upholds use of tribal convictions in federal system (June 13, 2016)

A unanimous decision from the nation's highest court ensures that Native women in all states can be protected by a federal law that was written to address high rates of violence in tribal communities.

Supreme Court case prompts spirited defense of tribal judiciary systems
Law | National | Politics

Supreme Court case prompts spirited defense of tribal judiciary systems (April 19, 2016)

A brief that tried to raise doubts about courts in Indian Country is being called an attack on sovereignty and self-determination.

Turtle Talk: Commentary on oral argument in Supreme Court case
Law | Opinion

Turtle Talk: Commentary on oral argument in Supreme Court case (April 19, 2016)

Professor Matthew Fletcher of Turtle Talk offers some commentary on the oral argument in US v. Bryant.

Nooksack Tribe slammed by judge for disbarring lawyer and firm
Law | National

Nooksack Tribe slammed by judge for disbarring lawyer and firm (March 22, 2016)

The Nooksack 306, a group of 306 people who are facing disenrollment, lost their strongest advocate when the tribal council disbarred Gabe Galanda and the Galanda Broadman firm.

Nooksack Tribe interferes with judicial branch and disbars law firm
Law | National

Nooksack Tribe interferes with judicial branch and disbars law firm (March 9, 2016)

The tribal council disbarred prominent attorney Gabe Galanda, apparently without advance notice, leaving 306 disenrollees without a key advocate.

John Lavelle: Supreme Court weighs key tribal sovereignty issue
Law | Opinion

John Lavelle: Supreme Court weighs key tribal sovereignty issue (February 10, 2016)

In the past, tribes have fought against legal theories and policy maneuvers that threatened to condemn a disproportionate number of Indians to long sentences in federal prison, or even the death penalty.

Senate committee to examine Tribal Law and Order Act of 2010
Law | Politics

Senate committee to examine Tribal Law and Order Act of 2010 (November 19, 2015)

The law was the first significant Indian Country crime bill enacted by Congress in decades.

Delphine Red Shirt: Traditional tribal teachings benefit our youth
Opinion

Delphine Red Shirt: Traditional tribal teachings benefit our youth (November 2, 2015)

In many ways, like all government policy, when something is taken away that should have stayed in place (our religion) and is later restored the damage may be too great.

Turtle Talk Poll: The enduring legacy of Supreme Court decision
Law | National

Turtle Talk Poll: The enduring legacy of Supreme Court decision (August 31, 2015)

Although disenrollment wasn't really a word in 1978, the decision in Santa Clara Pueblo v. Martinez continues to be cited by courts that refuse to get involved in membership disputes.

Steve Russell: Disenrollments represent modern termination
Opinion

Steve Russell: Disenrollments represent modern termination (August 11, 2015)

After over 400 years surviving termination attempts, we have begun to terminate ourselves.

Navajo Nation couple weighs court challenge to marriage law
Law | National | Politics

Navajo Nation couple weighs court challenge to marriage law (August 3, 2015)

The Dine Marriage Act of 2005 bars the tribe from recognizing same-sex marriages.

Navajo Nation woman sentenced to year for death of daughter
Law | National

Navajo Nation woman sentenced to year for death of daughter (July 16, 2015)

The sentence for the death of 2-year-old Kiara Harvey was limited by the Indian Civil Rights Act of 1968.

Bill requires law degree to join Navajo Nation Supreme Court
Law

Bill requires law degree to join Navajo Nation Supreme Court (February 3, 2015)

The change could enable the court to exercise expanded authority under the Tribal Law and Order Act and the Violence Against Women Act.

Gabe Galanda: The legal consequences of tribal disenrollments
Law | Opinion

Gabe Galanda: The legal consequences of tribal disenrollments (February 3, 2015)

Although disenrollment fundamentally converts Indians to non-Indians, offending tribes fail to appreciate that disenrollment also erodes the very sovereignty and territorial jurisdiction that Indian Country has fought so hard to restore.

Tanya Lee: Violence against Native women a national disgrace
Law | National

Tanya Lee: Violence against Native women a national disgrace (July 30, 2014)

Tanya H. Lee writes about the history of federal Indian law and policy leading up to the reauthorization of the Violence Against Women Act.

Unsettled Ch. 19: Passamaquoddy Tribe restricts right to vote
Law | National | Politics

Unsettled Ch. 19: Passamaquoddy Tribe restricts right to vote (July 17, 2014)

The Portland Press Herald continues its Unsettled series with a story about the denial of voting rights within the Passamaquoddy Tribe.

Mississippi  Choctaws  to vote on change in tribal sentencing
Law

Mississippi Choctaws to vote on change in tribal sentencing (January 23, 2013)

The Mississippi Band of Choctaw Indians will vote on three amendments, including one that will allow the tribe to impose longer jail sentences. The tribe currently limits sentences to six...

Tim Giago: A clear and present danger to our tribal sovereignty
Opinion

Tim Giago: A clear and present danger to our tribal sovereignty (August 13, 2012)

By Tim Giago (Nanwica Kciji) © 2012 Unity South Dakota Indian law, sovereignty and jurisdiction are not “one size fits all” issues in Indian country. There are too many variations...

Hoopa Valley Tribe aims to banish man accused of drug dealing
Law

Hoopa Valley Tribe aims to banish man accused of drug dealing (July 26, 2012)

The Hoopa Valley Tribe of California is trying to banish a man who is accused of drug trafficking on the reservation. But Arthur Jones says the move is political. He...

Matthew Fletcher: Addressing problems of Indian Civil Rights Act
Opinion

Matthew Fletcher: Addressing problems of Indian Civil Rights Act (July 10, 2012)

"Harold Monteau’s recent op-ed on ICRA – labeling it a “dismal failure” in protecting the rights of individual Indians — is thought-provoking, to say the least. While I agree generally,...

Harold Monteau: Individual Indians not protected by tribal courts
Opinion

Harold Monteau: Individual Indians not protected by tribal courts (July 2, 2012)

"The Indian Civil Rights Act has been a dismal failure, if one considers its original intent; to protect tribal members and others subject to tribal jurisdiction from arbitrary and capricious...

10th Circuit won't help Pueblo man avoid criminal sentence
Law

10th Circuit won't help Pueblo man avoid criminal sentence (May 14, 2012)

A man from Nambe Pueblo in New Mexico who was sentenced to eight years by his tribe's court was turned away by the 10th Circuit Court of Appeals last Thursday....

Santa Clara Pueblo to change membership rules after vote
National

Santa Clara Pueblo to change membership rules after vote (May 2, 2012)

Santa Clara Pueblo in New Mexico will change its membership rules but the specifics are up in the air, the tribe's leader said. Gov. Walter Dasheno called the vote...

Report: Santa Clara Pueblo votes to change membership rule
Law

Report: Santa Clara Pueblo votes to change membership rule (May 1, 2012)

More than 30 years after a key U.S. Supreme Court decision, Santa Clara Pueblo in New Mexico will change its membership policy, The Santa Fe New Mexican reports. In Santa...

Ousted Pala Band members lobby for Congressional action
National | Politics

Ousted Pala Band members lobby for Congressional action (November 14, 2011)

Former members of the Pala Band of Mission Indians of California are asking members of Congress to address disenrollment disputes throughout Indian Country. The tribe recently removed eight people from...

9th Circuit allows multiple tribal  sentences for multiple offenses
Law

9th Circuit allows multiple tribal sentences for multiple offenses (August 17, 2011)

Tribes can sentence offenders to consecutive sentences for multiple crimes, the 9th Circuit Court of Appeals ruled today. Beatrice Miranda, a member of the Pascua Yaqui Tribe of Arizona, was...

Man from Taos Pueblo   questions tribe's taking of property
Law

Man from Taos Pueblo questions tribe's taking of property (May 27, 2011)

A man from Taos Pueblo in New Mexico says the tribe took property from him without just compensation. Meko Concha says the tribe exercised eminent domain to seize the former...

Tohono O'odham man accused of killing seven-year-old boy
Law

Tohono O'odham man accused of killing seven-year-old boy (April 13, 2011)

A member of the Tohono O'odham Nation who just completed a tribal court sentence has been charged with killing a seven-year-old boy in Arizona. Alvin Valenzuela, 21, allegedly shot and...