SCOTUS Decides Sturgeon v. Frost II

Posted on March 26, 2019 by

Here is the opinion.

Materials here.

Update — footnote 2 of the majority:

As noted earlier, the Ninth Circuit has held in three cases—the so called Katie John trilogy—that the term “public lands,” when used in ANILCA’s subsistence-fishing provisions, encompasses navigable waters like the Nation River. See Alaska v. Babbitt, 72 F. 3d 698 (1995); John v. United States, 247 F. 3d 1032 (2001) (en banc); John v. United States, 720 F. 3d 1214 (2013); supra, at 12. Those provisions are not at issue in this case, and we therefore do not disturb the Ninth Circuit’s holdings that the Park Service may regulate subsistence fishing on navigable waters. See generally Brief for State of Alaska as Amicus Curiae 29–35 (arguing that this case does not implicate those decisions); Brief for Ahtna, Inc., as Amicus Curiae 30–36 (same). 

Posted in Author: Matthew L.M. Fletcher, Environmental, Research, Supreme Court, trust relationship | Tagged , , , ,

Stillaguamish Marine U&A Allowed to Proceed [U.S. v. Washington Subproceeding 17-03]

Posted on March 25, 2019 by

Here are the materials in United States v. Washington [subproceeding 17-03] or Stillaguamish Tribe of Indians v. State of Washington (W.D. Wash.):

60 Motion for Reconsideration of Contempt Motion

61 DCT Order Denying Reconsideration

64 Upper Skagit MTD

65 Tulalip MSJ

66 Swinomish MTD

69 Sauk-Suiattle Response

70 Jamestown & Port Gamble Response

72 Muckleshoot Response

73 Hoh Response

74 Stillaguamish Response to 65

75 Stillaguamish Response to 64 & 66

84 Skagit Reply

85 Swinomish Reply

86 Swinomish Reply

87 Tulalip Reply

91 DCT Order Denying Motions

Prior post here.

Posted in Author: Matthew L.M. Fletcher, Research, treaty rights | Tagged , , , , , ,

Hualapai Nation Police Chief on Policing in Indian Country

Posted on March 25, 2019 by

Here:

Season 1 | Episode 4: What’s New In Blue: Policing in Indian Country feat. Chief Francis Bradley Sr.

In this episode of What’s New in Blue, Chief Francis Bradley Sr. discusses the importance of culture in policing in Indian Country. Francis Bradley is the Chief of Police for the Hualapai Nation in Peach Springs, AZ. He is a graduate of the FBI National Academy Session 232 and retired as a commander with the Navajo Nation Police Department where he served from 1980 to 2002.

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged ,

Elizabeth Kronk Warner [Sault Tribe Member] Named Dean at Utah Law School

Posted on March 25, 2019 by

New dean announced for S.J. Quinney College of Law

University of Utah Senior Vice President for Academic Affairs Dan Reed announced that Elizabeth Kronk Warner has accepted an offer to serve as the next dean of the S.J. Quinney College of Law. Elizabeth Kronk Warner is the first woman named to the deanship in the 106-year history of the law school.

Kronk Warner is currently associate dean of Academic Affairs, professor and director of the Tribal Law and Government Center at the University of Kansas School of Law. She is the first woman named to the deanship in the 106-year history of the University of Utah’s law school.

“Kronk Warner is highly regarded as a natural leader and consensus builder who engages deeply, prioritizes both faculty scholarship and student success, and is committed to equity, diversity and inclusion,” Reed said. “Her academic background is aligned with the strengths of our law school and her experience in administration, alumni and donor relations, scholarship and community service will help move our outstanding law school to new heights.”

Following completion of the appointment approval process, Kronk Warner will begin on July 1, 2019.

“I am impressed with the S.J. Quinney College of Law’s strong reputation for scholarly excellence, commitment to students and record of community engagement,” Kronk Warner said. “The school has done an exceptional job of balancing a commitment to excellent educational opportunities for students at an appropriate cost while also promoting outstanding scholarly work. I look forward to leading the college to even greater success in the coming years.”

Kronk Warner joined the University of Kansas in 2012 as director of its Tribal Law and Government Center. She was appointed associate dean in 2015, overseeing operational issues and coordinating on admissions, career services and administration of 12 joint degree and eight certificate programs. Kronk Warner currently is responsible for all matters related to academic compliance and student affairs; she served as acting dean for a four-month period in 2016.

Kronk Warner also chairs the school’s faculty and staff diversity and inclusion committee, is an ex officio member of the student Dean’s Diversity Leadership Council and is president of the university’s Native Faculty and Staff Council. Kronk Warner previously was an active member of the Federal Bar Association, serving on its national board of directors. She is currently active in the American Bar Association, where she is co-chair of the Native American Resources Committee.

Kronk Warner is a nationally recognized expert in the intersection of environmental and Indian law. She has taught courses in property, Indian, environmental and natural resources law and supervises the school’s Tribal Judicial Support Clinic. Kronk Warner has received several teaching excellence awards, co-authored several books on environmental issues and Native Americans, and has 40 articles and book chapters to her credit. Kronk Warner, a citizen of the Sault Ste. Marie Tribe of Chippewa Indians, serves as an appellate judge for the tribe and as a district judge for the Prairie Band Potawatomi Tribe.

Kronk Warner received her juris doctorate from the University of Michigan Law School; she received her undergraduate degree in communication from Cornell University and also studied at Nanyang Technological University in Singapore. She worked in private practice for several years before entering academia. Prior to joining the University of Kansas, Kronk Warner was a law professor at the University of Montana and Texas Tech.

Posted in Author: Matthew L.M. Fletcher, Michigan Indian, News | Tagged ,

New Issue from UCLA’s Indigenous Peoples’ Journal of Law, Culture & Resistance

Posted on March 25, 2019 by

Here:

Table of Contents

Table of Contents

Articles

Introduction: Global Dimensions of Indigenous Self-Determination
Maasai Resistance to Cultural Appropriation in Tourism
The Doctrine of Discovery: The International Law of Colonialism
‘Paradigm Wars’ Revisited: New Eyes on Indigenous Peoples’ Resistance to Globalization
Posted in Author: Matthew L.M. Fletcher, Scholarship, Student Activities | Tagged

Qualified Expert Witness Case from Alaska [ICWA]

Posted on March 25, 2019 by

Eva H. v. State of Alaska

This is a case worth reading in its entirety for the discussion of the qualifications of the QEW but also the discussion of the testimony supporting the casual connection between the parents’ behavior and the removal of the children.

This QEW had been a Guardian ad Litem in the Yukon Kuskokwim Delta region for a number of years, however:

She agreed that she had no formal education in psychology, mental health, chemical dependency, substance abuse, social work, or therapy, and she did not recall having read any scholarly literature in these areas. She acknowledged that she was unable to “diagnose mental health issues,” though she testified she could recognize them based on her experience as an attorney and a GAL. But she further admitted that she did not use “any documents or models, like professional references, in order to make those conclusions”; she relied solely on her experience as an attorney and a GAL.

Then, she

did not address causation, as framed in the regulation, by testifying about how Keith and Eva’s conduct was likely to cause “serious emotional or physical damage to” the two boys. She drew no connections between specific conduct
and the likelihood of specific harm. We have held in the past that expert testimony need not directly address every aspect of this element of a termination decision; trial courts are allowed to consider “reasonable inferences from the expert testimony, coupled with lay witness testimony and documentary evidence from the record.” But when expert testimony is required in order to support termination in ICWA cases, trial courts may rely on reasonable inferences only from the testimony of witnesses who are qualified to testify on the subject.

Posted in Author: Kate E. Fort, Child Welfare, ICWA, Research | Tagged , , ,

NYTs: “‘A State of Emergency’: Native Americans Stranded for Days by Flooding”

Posted on March 24, 2019 by

Here.

Posted in Author: Matthew L.M. Fletcher, News | Tagged ,

Waiting for the Green New Deal . . . Meanwhile, “Recording Reveals Oil Industry Execs Laughing at Trump Access”

Posted on March 23, 2019 by

Here.

Posted in Author: Matthew L.M. Fletcher, Environmental, News | Tagged ,

Friday Job Announcements

Posted on March 22, 2019 by

Job vacancies are posted on Fridays. Any posts received prior to 12pm EST on Friday will appear in that Friday’s announcements. If you would like to submit a post for an open Indian law or leadership job, please send a brief description of the position (which includes position title and location) as well as a PDF job announcement to indigenous@law.msu.edu.

INTERN/FELLOWSHIP OPPORTUNITIES

The Navajo Nation

Law Clerk Intern (summer), Department of Justice, Office of the Prosecutor, multiple worksite locations: Window Rock, AZ, Crownpoint, NM, Ramah, NM, Tohajiilee, NM, Shiprock, NM, Chinle, AZ, Kayenta, AZ, and Tuba City, AZ. For more information please contact Gertrude Lee, Chief Prosecutor, at gertrudelee@navajo-nsn.gov and see the position description.

Department of the Interior National Indian Gaming Commission

Legal Fellow, Office of General Counsel, Washington D.C. The Commission’s primary mission is to work within the framework, created by the Indian Gaming Regulatory Act (IGRA) for the regulation of gaming activities conducted by tribes on Indian lands, to fully realize IGRA’s goals. For more information see the attachment or click here. Application closes April 8, 2019.

Association on American Indian Affairs

Cultural Sovereignty Fellowship, Washington D.C. This position will support the development of national policy in Indian affairs, and provide research, analysis and writing to support programs that include youth education, juvenile justice issues, Indian child welfare, sacred site protection, repatriation, protection of cultural heritage, federal acknowledgement, environmental security, and other program issues. Please see the job description or visit the website for more information. Applications are due April 1, 2019.

JOB OPPORTUNITIES

The Leech Lake Band of Ojibwe

Associate Tribal Attorney III, Cass Lake, MN. Seeking a recent law school graduate to assist the Legal Department Director with analysis for ongoing legal cases and issues in a broad spectrum of practice areas. This position is also responsible for preparing and analyzing contracts, legal documents, Tribal Codes, Ordinances, and Resolutions. Entry-level candidate preferred, but all qualified applicants will be considered. Please see the attached job description for more information on this position. Please visit www.llojibwe.org/jobs/llbojobs.html to apply.

Tribal Law and Policy Institute

Program Assistant, St. Paul, MN. The Tribal Law and Policy Institute (TLPI) is an Indian owned and operated non-profit corporation organized to design and deliver education, research, training, and technical assistance programs that promote the improvement of justice in Indian country and the health, well-being, and culture of Native peoples. TLPI focuses upon collaborative programs that provide critical resources for tribal court systems, victim’s assistance programs, violence against women programs, and others involved in promoting the improvement of justice in Indian country. For more information please visit www.home.tlpi.org. Deadline to apply, April 15, 2019.

Rosette, LLP

Litigation Associate Attorney, Grand Rapids, MI. Seeking an ambitious and experienced attorney. This firm specializes in representing federally recognized Indian tribes, their governmental entities and agencies, and businesses. For more information please see the job description.

The Confederated Tribes of the Umatilla Indian Reservation (CTUIR)

Tribal Attorney, Environmental Law Attorney, Office of Legal Counsel, Pendleton, OR. Among other demonstrated competencies, applicant should be familiar with federal Indian law, Superfund site assessment and clean-up, CERCLA, RCRA, Clean Water Act(s), Clean Air Act, NEPA, ESA, Nuclear Waste Policy Act and its implementation under DOE 435.1.  For questions contact CTUIR Human Resources at (541)276-3570. Position closing date is April 12, 2019. To apply click here and see the job description for more information.

DNA-People’s Legal Services, Inc.

Seeking the following positions. To apply, email Hresources@dnalegalservices.org and visit https://dnalegalservices.org. Call (928) 283-3206 for more information.

  • Managing Attorney, Public Defender, Keams Canyon, AZ
  • Staff Attorney, Public Defender, Keams Canyon, AZ
  • Managing Attorney (Civil), Keams Canyon, AZ
  • Staff Attorney (Civil), Keams Canyon, AZ
  • MLP Attorney, Tuba City, AZ
  • Receptionist, Flagstaff, AZ
  • (2) Staff Attorney, Farmington, NM
  • MLP Managing Attorney, Farmington, NM
  • NMVOCA Project Attorney, Farmington, NM
  • Director of Litigation, Window Rock, AZ
  • Director of Information Technology, Window Rock, AZ
  • Community Outreach/Legal Education Coordinator, Window Rock, AZ

The Swinomish Indian Tribal Community

Tribal Advocate, LaConner, WA. Represent eligible clients in Swinomish Tribal Court in criminal prosecutions and in Wellness Court hearings, and also provides general advice on a variety of civil matters.  The role of the Tribal Advocate in criminal matters is similar, but not identical to a public defender in the state court system. For more information please see the job description and view the employment application.

 

See posts from March 15, 2019.

Posted in jobs, Research | Tagged , , , , ,

Anishinaabe Racial Justice Conference Registration Open

Posted on March 22, 2019 by

2nd Annual Anishinaabe Racial Justice Conference

May 24-26, 2019

Baraga, MI

Visit the event page for conference details and to register. For more information please email samajack@umich.edu.

 

ARJC Official Flyer 2019

Posted in Research | Tagged , ,