Stacy Leeds on the Policing Impacts of McGirt

From Slate, here is “What the Landmark Supreme Court Decision Means for Policing Indigenous Oklahoma: For Indigenous people, cries of ‘law and order’ have always contained a loaded message.”

Also in Slate, Mark Joseph Stern’s “Why Gorsuch Keeps Joining the Liberals to Affirm Tribal Rights.

Washington SCT Vacates 105-Year Old Opinion Rejecting Treaty Rights Defense for Yakama Fisher

Here is the order in State of Washington v. Towessnute:

13083-3 Order

Here are a couple contemporaneous newspaper accounts:

The Spokesman Review, Sat., Feb. 5, 1916

The Oregon Daily Journal, Thu., June 1, 1916

Friday Job Announcements

To post an open Indian law or leadership job to Turtle Talk, send the following information to indigenous@law.msu.edu:

  1. In the email body, a typed brief description of the position which includes
    • position title,
    • location (city, state),
    • main duties,
    • closing date,
    • and any other pertinent details such as links to application;
  2. An attached PDF job announcement.

 

Standing Rock Sioux Tribe 

Associate Chief Judge, Fort Yates, ND.  Preside over cases in the Children’s, Civil and Criminal Court as assigned by the Chief Judge.  Responsible for drafting opinions, ruling on evidentiary issues and discharging the duties of a Judge.  The position is open until filled.  Submit cover letter, resume, proof of Bar membership  to Dellis Agard, SRST Court Administrator at dagard@standingrock.org.

Chief Prosecutor, Fort Yates, ND. Responsible for representing the Tribe in all criminal proceedings in the criminal court or the Children’s Court, Traffic Court.  The Chief Prosecutor will also represent the Tribe or Individuals petitioning for Involuntary Commitments.  Limited representation in Abuse and Neglect proceedings in Children’s Court.  The Chief Prosecutor reports to the SRST Judicial Committee.  The term of office and salary are negotiable. The position is open until filled.  Submit cover letter, resume, proof of Bar membership  to Dellis Agard, SRST Court Administrator at dagard@standingrock.org.

Assistant Tribal Prosecutor, Fort Yates, ND. Responsible for representing the Tribe in all criminal proceedings in the criminal court or the Children’s Court, Traffic Court.  The Assistant Tribal Prosecutor will also represent the Tribe or Individuals petitioning for Involuntary Commitments.  Limited representation in Abuse and Neglect proceedings in Children’s Court.  The Assistant Tribal Prosecutor reports to the Chief Prosecutor.  The term of office and salary are negotiable.  The position is open until filled.  Submit cover letter, resume, proof of Bar membership  to Dellis Agard, SRST Court Administrator at dagard@standingrock.org.

Ho-Chunk Nation

Attorney General, Black River Falls, WI. Please see the job description and a fillable application for more information. The Attorney General performs a wide variety of legal work representing the Nation as a government, its departments, boards, and commissions. The Attorney General, will prepare pleadings, for hearings and for other legal proceedings, presenting criminal and civil regulations, performing legal research, writing opinions, and other duties as assigned by the Ho-Chunk Nation President. Application is open until filled. Please see the job description, employmentapp@ho-chunk.com, and application fillable application here for more information.

ACLU Northern California

Staff Attorney / Senior Staff Attorney, San Francisco, Fresno or Sacramento, CA. Integral to building and strengthening the work of the ACLU-NorCal’s program areas. The Senior Staff Attorney/Staff Attorney supports and models a culture of shared purpose, mentorship and mutual respect in the Program team, in the Legal-Policy Department, across the ACLU NorCal and with partners. Closing date is July 15, 2020. See the job description for more information or visit the website.

Michigan State University College of Law

Field Career Services Coordinator, The Career Services Office, East Lansing, MI. The Law Provides comprehensive professional development, career planning, and career advising services, as well as oversees the design and implementation of career and professional development programming for students. Please see the position description for more information. Applications are due by Tuesday, August 4, 2020.

Environmental Law Institute

Development & Membership Associate, Washington, DC. The Environmental Law Institute is looking for a highly organized associate. Major areas of focus for this position will be on raising the restricted and unrestricted funds for the operation of the Institute, promoting the communications of the organization, and ensuring donor and membership communication and engagement activities run smoothly. Submit an application package via ELI’s online application system. Visit https://www.eli.org/employment to get started. Applications must be submitted no later than July 31, 2020 and will be reviewed on a rolling basis in an effort to fill this vacancy as soon as possible.

Manager, Education & Membership Events, Washington, DC. If you are organized, team-orientated, and striving to effect positive change in this world then this may be your ideal job. Ensure the smooth operation and promotion of all education and member related events. Submit an application package via ELI’s online application system. Visit https://www.eli.org/employment to get started. Applications must be submitted no later than July 31, 2020 and will be reviewed on a rolling basis in an effort to fill this vacancy as soon as possible.

Navajo Nation Department of Justice

Office of the Attorney General

Senior Attorney, Window Rock, AZ.  Under general direction of Assistant Attorney General or the Attorney General, and Deputy Attorney General, Provides legal direction to Navajo Nation Divisions, Departments and Offices, regarding a wide range of legal issues, including statutory and regulatory grounds for local authority, contract disputes and procurement issues, and intergovernmental relations; performs professional legal work in counseling, research, trial and other legal work; present cases in courts; and performs related duties as required.  This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Attorney, Window Rock, AZ.  Under general direction of Assistant Attorney General or the Attorney General, and Deputy Attorney General. Primary duties include responding to Requests for Legal Services submitted by Chapter Officials/Staff or Division of Community Development Staff by researching applicable laws and the drafting legal memoranda, meeting with Chapter Staff/Officials and Division Staff, travel to Chapters, drafting and reviewing contracts including construction contracts, drafting and reviewing other legal documents on behalf of the Chapters.  This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Office of the Prosecutor

Chief Prosecutor, Window Rock, AZ.  The Chief Prosecutor performs administrative, managerial, and prosecution work in directing the Office of the Chief Prosecutor and component districts including the Juvenile Justice and White Collar Crime programs. Administers short and long range planning, organizing, directing, strategic  planning for  annual, external, and supplemental budgets, and related activities of the Office of the Chief Prosecutor.  Coordinates  and  evaluates  the  overall  effectiveness of the assigned program offices and districts. Responsible for adhering to the Plan of  Operation  and  establishing  annual  goals  and  objectives, and making necessary amendments.  This position serves at the pleasure of the Attorney General.  This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Prosecutor, Tuba City, AZ.  Under the general supervision of the Chief Prosecutor, this position represents the interest of the Navajo Nation in prosecuting individuals alleged to have violated provisions of the Navajo Nation Code; reviews citations, arrest sheets and other law enforcement documents and reports; interviews witnesses, gathers facts and data; determines if sufficient evidence exists to support the charges; conducts legal research; drafts complaints, motions and/or other legal proceedings; prepares a legal strategy; gathers and compiles evidence; identifies and subpoenas witnesses, records and other information required to present the case.  This position serves at the pleasure of the Chief Prosecutor.  This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Prosecutor, Shiprock, NM.  Under the general supervision of the Chief Prosecutor, this position represents the interest of the Navajo Nation in prosecuting individuals alleged to have violated provisions of the Navajo Nation Code; reviews citations, arrest sheets and other law enforcement documents and reports; interviews witnesses, gathers facts and data; determines if sufficient evidence exists to support the charges; conducts legal research; drafts complaints, motions and/or other legal proceedings; prepares a legal strategy; gathers and compiles evidence; identifies and subpoenas witnesses, records and other information required to present the case.  This position serves at the pleasure of the Chief Prosecutor.  This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Prosecutor, Window Rock, AZ.  Under the general supervision of the Chief Prosecutor, this position represents the interest of the Navajo Nation in prosecuting individuals alleged to have violated provisions of the Navajo Nation Code; reviews citations, arrest sheets and other law enforcement documents and reports; interviews witnesses, gathers facts and data; determines if sufficient evidence exists to support the charges; conducts legal research; drafts complaints, motions and/or other legal proceedings; prepares a legal strategy; gathers and compiles evidence; identifies and subpoenas witnesses, records and other information required to present the case.  This position serves at the pleasure of the Chief Prosecutor.  This position is open until July 22, 2020 by 5:00 p.m. please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Prosecutor, Crownpoint, NM.  Under the general supervision of the Chief Prosecutor, this position represents the interest of the Navajo Nation in prosecuting individuals alleged to have violated provisions of the Navajo Nation Code; reviews citations, arrest sheets and other law enforcement documents and reports; interviews witnesses, gathers facts and data; determines if sufficient evidence exists to support the charges; conducts legal research; drafts complaints, motions and/or other legal proceedings; prepares a legal strategy; gathers and compiles evidence; identifies and subpoenas witnesses, records and other information required to present the case.  This position serves at the pleasure of the Chief Prosecutor.  This position is open until July 29, 2020 by 5:00 p.m. please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Prosecutor, Kayenta, AZ.  Under the general supervision of the Chief Prosecutor, this position represents the interest of the Navajo Nation in prosecuting individuals alleged to have violated provisions of the Navajo Nation Code; reviews citations, arrest sheets and other law enforcement documents and reports; interviews witnesses, gathers facts and data; determines if sufficient evidence exists to support the charges; conducts legal research; drafts complaints, motions and/or other legal proceedings; prepares a legal strategy; gathers and compiles evidence; identifies and subpoenas witnesses, records and other information required to present the case.  This position serves at the pleasure of the Chief Prosecutor.  This position is open until July 29, 2020 by 5:00 p.m. please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

Water Rights Units

Assistant Attorney General, Window Rock, AZ.  The Assistant Attorney General (AAG) for the Water Rights Unit is the lead water rights attorney for the Navajo Nation, representing the Nation in multiple water rights adjudications pending in state and federal courts, in state administrative water rights matters and in any settlement negotiations concerning the Nation’s water rights. The AAG directs and supervises the work of all attorneys within the Unit and contract attorneys representing the Navajo Nation on water rights matters.  The AAG reports to the Attorney General of the Navajo Nation and provides legal advice on all water rights matters to the Office of the President and Vice President, the Office of the Speaker, the Navajo Nation Council, and its committees and subcommittees.  This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.

 

See posts from July 3, 2020.

Kirsten Carlson Commentary on McGirt v. Oklahoma

Here is “Supreme Court upholds American Indian treaty promises, orders Oklahoma to follow federal law,” in The Conversation.

Other commentaries —

Bob Miller on VOA.

Ronald Mann on SCOTUSblog.

Ian Millhiser on VOX.

Materials in HCI Construction Contract Breach Claim against United States

Here are the materials so far in HCIC Enterprises LLC v. United States (Fed. Cl.):

1 Complaint

13 HCIC Motion for Summary J

14 US Cross-Motion

17 HCIC Reply

18 US Reply

27 HCIC First Motion to Amend

28 DCT Order

29-1 Proposed Second Amended Complaint

30 US Opposition to 27

31 Reply in Support of 27

32 DCT Order Denying 27

33 US Response to 29

34 Reply in Support of 29

37 DCT Order Denying 29

SCOTUS Remands Four Okla. Criminal Cases, Grants Cert in Financial Services Cases Involving Tribal Businesses

Here is today’s order list.

The Court granted review in AMG Capital Management LLC v. Federal Trade Commission. Here is the Ninth Circuit’s opinion in FTC v. AMG Capital Management LLC. District court materials here.