Legal Opinion
PENOBSCOT NATION, Appellant, v. Cynthia A. FELLENCER, Appellee
Court of Appeals for the First Circuit
Decided January 19, 1999No. 98-1326PublishedCited by 22 opinions
1Opinion of the Court
LIPEZ, Circuit Judge.
This case requires us to revisit and further define the allocation of sovereign powers between the Penobscot Nation (the Nation) and the State of Maine. The question before us is whether the decision of the Penobscot Nation Tribal Council to terminate the employment of a community health nurse constitutes an “internal tribal matter” within the meaning of the Maine Indian Claims Settlement Act of 1980, 25 U.S.C. §§ 1721 -1735. The district court held that it does not. We disagree. That employment termination decision is an “internal tribal matter” and, as such, cannot be…
2Cases cited21 opinions
- Morton v. MancariSupreme Court of the United States · 1974
- Santa Clara Pueblo v. MartinezSupreme Court of the United States · 1978
- Montana v. United StatesSupreme Court of the United States · 1981
- White Mountain Apache Tribe v. BrackerSupreme Court of the United States · 1980
- Washington v. Confederated Tribes of the Colville Indian ReservationSupreme Court of the United States · 1980
16 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- United States v. NewellCourt of Appeals for the First Circuit · 2011
- Equal Employment Opportunity Commission v. Karuk Tribe Housing Authority, OpinionCourt of Appeals for the Ninth Circuit · 2001
- Great Northern Paper, Inc. v. Penobscot NationSupreme Judicial Court of Maine · 2001
- Penobscot Nation v. Georgia-Pacific Corp.Court of Appeals for the First Circuit · 2001
- Aroostook Band of Micmacs v. RyanCourt of Appeals for the First Circuit · 2005
17 more not listed; retrieve them via the Exa API.