California Native American Law Questions & Answers

Q: I need a native law lawyer for sexual harassment. I work for a native casino

1 Answer | Asked in Native American Law and Sexual Harassment for California on
Answered on Jun 29, 2017
Ali Shahrestani, Esq.'s answer
An employment lawyer should suffice, as you have a potential harassment, discrimination, and hostile work environment issue that needs review. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas...

Q: .. Can a parent who is indian file custody in tribal court,when the other parent is not indian

1 Answer | Asked in Child Custody, Family Law and Native American Law for California on
Answered on Nov 1, 2016
Joseph J Wiseman's answer
Generally, yes; however there is the question of whether the tribal court has jurisdiction over the non-Indian parent. That question is being litigated around the country and there is no clear answer. A lot depends on the specific facts, so you should seek out competent counsel for advice.

Q: If a Native American marries a non native, when he dies is she entitled to his casino royalties?

1 Answer | Asked in Native American Law for California on
Answered on Feb 6, 2014
Joseph J Wiseman's answer
The answer to your question depends on a variety of facts that should be explored by competent counsel. Your should consult with an attorney who is familiar with federal Indian Law and probate law. Good luck.

Q: What is the name of the law that protects tribal members from their own tribal government

1 Answer | Asked in Native American Law for California on
Answered on May 10, 2012
Matthew Parham's answer
It sounds likely that you are thinking of the Indian Civil Rights Act, which is at 25 USC 1301-03. The tribe itself may also have something akin to a bill of rights that it has itself enacted, or customary laws or doctrines recognizing additional or different rights than those in the ICRA. But in the ICRA Congress imposed on tribes the obligation to enforce a subset of the bill of rights, though the tribe has interpretive authority to interpret those rights differently than the federal courts...

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