A wide variety of internal matters from elections to membership were deemed red bull and ktm factory racing full printing shirt reviewable pursuant to the Indian Civil Rights Act by federal courts. 56
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who are licensed to practise in the state in which the reservation is located. Other tribes extend this privilege to all lawyers who are certified by any state. red bull and ktm factory racing full printing shirt A number of tribes formally demand that a lawyer pass a bar examination created by them on tribal and federal Indian law before being able to appear in a tribal court.69 An unknown number of tribes authorize the chief judge of the tribal court to control the admission process, which appears to result in an informal, oral interview system for admission. Some tribal officials with whom we spoke strongly favour retaining non-legally trained judges. Others suggest that the time may come when judges will have to receive formal legal education before being appointed.
The decision appears to be a matter left to the inclinations of each tribe, but, for the most part, it is safe to say that tribal judges generally are not trained as lawyers, although several are. The Act guarantees an accused in a tribal court proceeding the right of access to the federal courts by way of a writ of habeas corpus”to test the legality of his detention by order of an Indian tribe.”54 Although this provision appears limited in its scope, the very first case under the ICRA concluded that a U.S. district court had jurisdiction to invoke civil remedies to prevent the exclusion by the tribal council of a white lawyer who was director of the Navajo Legal Services from the reservation.55 A number of subsequent cases expanded upon this interpretation of the ICRA to find an implied waiver of tribal sovereign immunity that permitted the remedies of injunction, declaratory relief, damages and mandamus.
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