Join the MSU Indigenous Law and Policy Center

The Michigan State University Indigenous Law and Policy Center (ILPC) and College of
Law seek entry-level and lateral candidates for full-time, tenure system faculty positions with
research and teaching interests related to federal Indian law, tribal law, or the international
human rights of Indigenous peoples.

A successful candidate will form an integral part of the Indigenous Law and Policy Center
community. This will include teaching, research, and participation in the Center’s
programming and external engagement.

An important part of the Center’s purpose is to educate Native law students and to train
lawyers prepared to work on behalf of tribes around the country, whether for tribal, federal,
or state governments, private law firms, or non-profit organizations. The Center also oversees
MSU law’s Indigenous Law Certificate Program which exists to prepare students to practice
Indigenous law by providing rigorous and comprehensive training in Indigenous law, policy,
and practice.

The Center hosts an annual Indigenous law conference and a yearly speaker series, both of
which bring speakers from around the country to discuss issues involving Indigenous justice
systems, tribal sovereignty, and self-determination. The ILPC also hosts Turtle Talk, the
leading blog on legal issues in Indian Country. In addition, the Center is affiliated with an
Indian law clinic at the Law College.

MSU encourages applications from and nominations of women, persons of color, veterans
and persons with disabilities. All qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender identity,
national origin, citizenship, age, disability or protected veteran status.
Please email application materials, a letter of interest and cv, or nominations to Professor
Tiffani Darden, Co-Chair of Faculty Appointments Committee, dardent@law.msu.edu. More
information about the Law College can be found at http://www.law.msu.edu.

View the PDF here.

Briefing Completed in Haaland v. Brackeen [ICWA]

With the reply briefs filed yesterday, all of the briefing is completed in the Supreme Court case Haaland v. Brackeen. Oral argument will be at the Court on November 9th. There will be a decision before the end of June, 2023, though there’s no good way to determine when that will arrive other than that.

Split Eighth Circuit Reverses State Tax Preemption Judgment Favoring Flandreau Santee Sioux

Here is the opinion in Flandreau Santee Sioux Tribe v. Houdyshell.

Briefs here.

OU Law Will Host National Native American Law Competition

NORMAN, OKLA. The University of Oklahoma College of Law will host the 31st annual National Native American Law Students Association (NNALSA) moot court competition on February 25 – 26, 2023 at the OU Law Center.
NNALSA selected OU Law’s bid in July 2022. Professors M. Alexander Pearl and Taiawagi Helton are co-authoring this year’s moot court problem, in which the teams will brief and argue.
“In partnership with Native Nations from in-state and around the country, we have long led the way in integrating Indigenous Peoples’ Law across doctrinal and experiential aspects of our program,” notes college dean Katheleen Guzman. “Given that this year marks the 200th anniversary of a foundational case for federal Indian law and policy [Johnson v. M’Intosh], as well as the 50th anniversary of our own American Indian Law Review – the first of its kind in the nation – we are especially honored that NNALSA selected OU Law to host this year, and proud of the work that our NALSA Chapter members engaged to secure this singular opportunity and will expend on running a first-rate event.”
Recognized as the premier federal Indian law moot court competition in the nation, the OU Law NALSA chapter will coordinate this year’s competition comprised of 34 teams from law schools around the country. Team registration will be on a first-come, first-served basis with a limitation of 2 teams per school.
Respectively, the University of North Dakota hosted the 29th annual competition and the University of Colorado hosted the 30th annual competition. OU Law is excited to return to an inperson format for the 31st annual competition.
“We are proud to have been chosen this year and we are excited to be able to showcase the College that hosts our incredible Indian law curriculum and the faculty that teaches our Native students. We look forward to personally meeting everyone in February,” comments OU NALSA President Reagan McGuire.
The competition website will go live in October. Stay tuned for more information.

Long Conference Update: SCOTUS Denies Cert in a Several Indian Law Cases

Here is yesterday’s order list.

1. The Court denied cert in Acres v. Marston, part of a longstanding — and by now patently ridiculous — effort by a nonmember to punish an Indian tribe’s employees for working at the tribe. The petition is here (the respondent’s waived the right to respond):

2. The Court also denied cert in Mill Bay Members Assn. v. United States, another petition related to a longstanding effort by nonmembers to punish an Indian tribe for existing, this time by suing the federal government. The petition is here (the government waived the right to respond):

3. The Court also denied cert in Becker v. Ute Indian Tribe, a case about tribal exhaustion with a plausible, if weak, circuit split — perhaps, again, because this is a longstanding, ridiculous dispute between a nonmember and tribe (both sides ridiculous this time). The cert stage briefs are here.

4. The Court, finally, denied cert in Quaempts v. Lopez, an unremarkable sovereign immunity matter.

Having fun with DALL-E: “Darth Vader arguing with a tribal judge about fish.”

D.C. Federal Court Rules in Favor of Scotts Valley Pomo in Indian Lands Dispute with Interior, Remands to Agency

Here are the materials in Scotts Valley Band of Pomo Indians v. Dept. of the Interior (D.D.C.):

48 Scotts Valley MSJ

54-1 US Cross Motion

56 Yocha Dehe Wintun Nation Amicus Brief

58 Scotts Valley Reply

59 US Reply

64 Memorandum Opinion

Complaint posted here.