Judge J. Matthew Martin (Associate Judge at EBCI) has a new law review article out The Nature and Extent of the Exercise of Criminal Jurisdiction by the Cherokee Supreme Court: 1823-1835 at 32 North Carolina Central Law Rev. 27 (2009). The most interesting part of the article is the evidence that the Cherokee Nation did exercise criminal jurisdiction over non-Indians (albiet over the non-Indians’ objection). It’s on westlaw and an earlier version of the final piece is here.
Archive for the ‘Research’ Category
New Law Review Article – Cherokee Legal History
Monday, April 26th, 2010New Indian Child Welfare CD Available from OILS
Thursday, May 7th, 2009Oklahoma Indian Legal Services, Inc. announces the 2009 edition of The Indian Child Welfare Act: Case and Analysis has been completed and is available for sale. The book, contained on CD-ROM, is a nationally-recognized resource for ICWA practitioners, and one of the few resources that is updated annually.
The book, written by C. Steven Hager, contains analysis of decisions from across the country, recognizes trends in the law that may impact nationally, and provides tribal addresses by state rather than BIA regional office. The book also contains case briefs, suggested forms, Oklahoma jury instructions, statutory text, and the Government Accountability Office’s 2005 analysis of ICWA compliance.
The Indian Child Welfare Act: Case and Analysis is available from OILS for $30.00. Further information is available at the OILS website, www.oilsonline.org
Publication by Cherokee Scholar Sean Teuton
Tuesday, February 24th, 2009
Professor Sean Teuton has a new book “Red Land, Red Power” with Duke University Press. Professor Teuton currently holds a joint appointment in English and American Indian Studies at the University of Wisconsin-Madison. Congratulations Sean!
Press Release, KU Tribal Law Conference
Tuesday, February 10th, 2009LAWRENCE — Most people think of Indian treaty making as a convention of the past, but a leading tribal scholar will make a case for its resurgence during the 13th annual Tribal Law and Government Conference at the University of Kansas School of Law. Robert Clinton, Foundation Professor of Law at the Arizona State University Sandra Day O’Connor College of Law, will present “The Return of Indian Treaty Making” during the event, set to run from 8:30 a.m. to 4:30 p.m. Friday, Feb. 13, at the Gridiron Room in the Burge Union, 1601 Irving Hill Road. His presentation is part of a lineup that represents a forward-focused view of tribal law and governance. “The speakers are experts in their field and represent a good interdisciplinary cross-section of law and policy,” said Stacy Leeds, professor of law and director of the Tribal Law and Government Center at the KU School of Law. “In contrast to many conferences that focus on federal case decisions and federal law as it relates to Indian tribes, the speakers at this conference will offer observations on the role of tribal law and tribal governments. “They each will discuss new approaches or new perspectives on tribal decision making and tribal governance with an eye toward the future. The presentations will not dwell on the history of federal Indian law and policy but instead, on the future of indigenous law and policy making.” In addition to Clinton, who is chief justice of the Winnebago Supreme Court and associate justice of other tribal courts, conference presenters will include: — Patrice Kunesh, University of South Dakota School of Law, “Tribal Self-Determination in the Age of Scarcity”
Tribal law conference casts eye on future of indigenous policy making
— Aliza Organick, Washburn University School of Law, “Teaching Culture in the Classroom: Tribal Law and Best Practices in Legal Education”
— Steve Russell, Indiana University, “Sequoyah Rising: Doing What We Can with What We’ve Got”
— Christine Zuni-Cruz, University of New Mexico School of Law, “‘Who are You?’ Indigenous Identity and the Lines of Tribe”
— Jeff Corntassel, University of Victoria School of Law, “Indigenous Governance Amidst the Forced Federalism Era”
Final Agenda – 13th Annual Tribal Law & Government Conference – February 13, 2009
Monday, February 2nd, 2009
KU's annual Tribal Law & Government Center Conference
will be held on February 13th, 2009 in Lawrence, Kansas.
The conference is free of charge and open to the public, but please register in advance
SPEAKERS
- Robert Clinton, Foundation Professor, Arizona State University
- Jeff Corntassel, Associate Professor, University of Victoria
- Patrice Kunesh, Professor, University of South Dakota
- Aliza Organick, Associate Professor, Washburn University
- Steve Russell, Professor, University of Indiana
- Christine Zuni-Cruz, Professor, University of New Mexico
AGENDA
| 8:30-9 a.m. | Registration and Coffee |
| 9-9:30 a.m. | Welcome and Introductions Stacy L. Leeds, Professor of Law and Director, Tribal Law & Government Center, University of Kansas School of Law Gail Agrawal, Dean and Professor of Law, University of Kansas School of Law |
| 9:30-10:20 a.m. | "Tribal Self-Determination in the Age of Scarcity" Patrice Kunesh, Professor of Law, University of South Dakota School of Law |
| 10:20-10:40 a.m. | BREAK |
| 10:40-11:30 a.m. | "Teaching Culture in the Classroom: Tribal Law and Best Practices in Legal Education" Aliza Organick, Professor of Law, Washburn University School of Law |
| 11:40 a.m.-12:30 p.m. | "Sequoyah Rising: Doing What We Can With What We've Got" Steve Russell, Professor, University of Indiana |
| 12:30-1:30 p.m. | LUNCH on own |
| 1:30-2:20 p.m. | "The Return of Indian Treaty Making" Robert Clinton, Foundation Professor of Law, Arizona State University Sandra Day O’Connor College of Law |
| 2:30-3:20 p.m. | "'Who Are You?' Indigenous Identity and the Lines of Tribe" Christine Zuni-Cruz, Professor of Law, University of New Mexico School of Law |
| 3:20-3:40 p.m. | BREAK |
| 3:40-4:30 p.m. | "Indigenous Governance Amidst the Forced Federalism Era" Jeff Corntassel, Associate Professor, University of Victoria School of Law |
| 4:30 p.m. | Closing Remarks |
New Feature: Publications by Cherokee Scholars
Friday, January 23rd, 2009As a run up to the upcoming Cherokee Scholars Meeting (February 14, 2009), this site will increase the efforts to promote scholarship by Cherokee Scholars to other scholars and to the community at large. I'm adding a new link for Publications by Cherokee Scholars and I'll feature a weekly book, article, essay or review. If you'd like to recommend a publication for posting, send it to me.
Primary Documents
Tuesday, July 15th, 2008I have had several requests for legal documents relating to the allotment of Cherokee lands. The full text of the Curtis Act and the 1902 Cherokee Agreement have now been added to the Cherokee Documents page of this blog. The Curtis Act is the federal legislation paving the way for the allotment of the Five Tribes’ lands. The 1902 Agreement is the Cherokee-specific allotment process adopted by vote of the Cherokee citizens at that time.
Another Free Legal Research Database
Wednesday, March 12th, 2008Wado to Brian Leiter for posting another free legal research database. The search engine is good and the full text of the opinions include pinpoint page references. For today’s history lesson, I reread the 1904 opinion in Delaware v. Cherokee. I’m adding this to the links page.
A Cherokee Delegate to Congress
Monday, February 25th, 2008FYI. A new law review article on the Cherokee treaty right to seat a congressional delegate has been published by professor Ezra Rosser. The article includes a discussion of the "treaty negotiations" that led to the congressional delegate provision in the Treaty of New Echota. He compares the possible Cherokee delegate to other non-voting delegates in Congress. The article ends with a pragmatic discussion of the challenges to enforcement.