Tribal Law/Courts

53 ABA Journal Tribal Law/Courts articles.

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…

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,…

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