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:
Standing Rock Sioux Tribe confirms lack of easement for pipeline (8/30)
Supplies needed for #NoDAPL Defenders of Sacred Water School (8/30)
Lakota Country Times: Students witness history at pipeline camp (8/30)
Vi Waln: Media distorts peaceful nature of sacred #NoDAPL camp (8/30)
Tim Giago: Indian Country still suffering from boarding school era (8/30)
Mark Trahant: Congressional hopefuls debate on Fort Peck Nation (8/30)
Bill John Baker: Cherokee Nation invests in needs of communities (8/30)
Native Sun News: Ruling awaited in Indian Child Welfare Act case (8/30)
Clara Caufield: An appreciation for a modern-day 'Teeth Woman' (8/30)
Native Sun News Editorial: Lands were taken from our ancestors (8/30)
Mike Myers: Historic ties between the Haudenosaunee and Sioux (8/30)
Mark Anthony Rolo: Tribes remain at mercy of bad federal policies (8/30)
Congressional hopeful seeks debate on South Dakota reservation (8/30)
Federal judge stays off Ute Tribe sovereignty suit despite protest (8/30)
Defenders of the Water School opens at pipeline resistance camp (8/29)
Dave Archambault: Stopping the desecration of our Mother Earth (8/29)
Lakota Country Times: Resisters dispute emergency declaration (8/29)
Mark Trahant: State erects roadblock at peaceful #NoDAPL camp (8/29)
Latoya Lonelodge: Witnessing history at Camp of Sacred Stones (8/29)
Jon Eagle: Land remains sacred to the Standing Rock Sioux Tribe (8/29)
Albert Bender: Tribes join together at Camp of the Sacred Stones (8/29)
Steven Newcomb: Law of Christendom at play in #NoDAPL battle (8/29)
Arvol Looking Horse: Saving our Earth from energy development (8/29)
Senate Committee on Indian Affairs schedules hearing on 4 bills (8/29)
Quapaw Tribe hosts groundbreaking for meat processing facility (8/29)
Native Sun News: Youth learn about traditions with Native games (8/29)
Delphine Red Shirt: Taking control of teaching our own languages (8/29)
Denver American Horse: Veterans column in the Lakota language (8/29)
Johnny Rustywire: Native youth are curious about their heritage (8/29)
Opinion: Alaska enters a new era with tribes and land-into-trust (8/29)
Second switched at birth case uncovered at First Nation hospital (8/29)
Bishop Paiute Tribe urges patience after officer involved shooting (8/29)
Author in Virginia credits Powhatan Tribe with inventing barbecue (8/29)
Brian Fraser: Don't let tribes open casinos everywhere they want (8/29)
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.