Does Brackeen v. Haaland Apply:

This document is primarily for non-lawyers, so while you can @ me about details, there is a reason this document doesn’t get into the nitty gritty question of federal court jurisdiction in state court trials (please note the work the word “may” is doing). We hope this will be helpful for tribal social workers, their state counterparts, reporters, and maybe some lawyers who are trying to understand the implications of a 325 page decision.

Harvard Law Review Casenote on Williams v. Medley Opportunity Fund II [tribal payday lending]

Here is “Williams v. Medley Opportunity Fund II, LP: Third Circuit Rules that Tribal Payday Lenders Cannot Compel Arbitration.”

We posted the materials on this case here.

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
    1. position title,
    1. location (city, state),
    1. main duties,
    1. closing date,
    1. and any other pertinent details such as links to application;
  2. An attached PDF job announcement.

The Northern Arapaho Tribe

Staff Attorney, Ethete, Wyoming. The Northern Arapaho Tribe is expanding its legal department. The staff attorney will work under the direction of the in-house counsel. This position will work directly with tribal programs and work on legal matters affecting the tribe at the direction of the Northern Arapaho Business Council and the in-house counsel. The Tribe is looking to fill this position immediately. The closing date for this position is June 1, 2021. Please send resumes to the in-house counsel at clare.johnson@northernarapaho.com. See the position description for more information.

Hoopa Valley Tribe

Associate Tribal Attorney – Hoopa Valley Tribe Hoopa, CA The Associate Tribal Attorney will serve in the Office of Tribal Attorney and will provide a broad range or legal services to the Hoopa Valley Tribal Council, Chairperson, tribal departments and entities, including consultation, research, drafting, representation in administrative proceedings, and other duties as assigned. Deadline to apply is June 3, 2021. Link to required employment application here.

Senior Tribal Attorney – Hoopa Valley Tribe Hoopa, CA The Senior Tribal Attorney administers and supervises the Office of Tribal Attorney and will provide a broad range or legal services to the Hoopa Valley Tribal Council, Chairperson, tribal departments and entities, including consultation, research, drafting, representation in administrative proceedings, and other duties as assigned. Deadline to apply is June 7, 2021. Link to required employment application here.

Lummi Indian Business Council (LIBC)

Staff Attorney I, Bellingham, WA. Staff Attorney I works within the Office of the Reservation Attorney for the Lummi Nation representing and assisting the Lummi Nation Child Support Program.  Job performance of the Staff Attorney I is evaluated by the Legal Director in consultation with the Lummi Child Support Program Director. Click here for the application and see the position description for more information.

Forest County Potawatomi Community

Health & Insurance Attorney, Milwaukee, WI.  This attorney will work with the tribal insurance department and the health & wellness center. Resumes can be emailed to: mary.wilkes@fcpotawatomi-nsn.gov. The application will remain open until the position is filled. Please see the position description for more information.

Rincon Band of Luiseño Indians

Federal Law Summer Internship, Rincon Band of Luiseño Indians Reservation (located in the northeastern San Diego County). The selected law student(s) will assist the Attorney General to research and draft Tribal ordinances, policies and resolutions; review and revise agreements; and research and prepare legal memoranda on a wide variety of legal matters handled by the office. Application is open until filled. This is a 10-week, full time, on Reservation internship (some telecommuting permitted). Please see the description for more information.

Reno-Sparks Indian Colony

Senior Staff Attorney, Legal Department, Reno, NV.  The Staff Attorney provides legal counsel and representation to the RSIC Tribal Chairman, Tribal Council and Department Directors, Managers, and Supervisors on legal and quasi-legal matters as directed by the Tribal Chairman and Tribal Council, and directs and supervises the work of the Staff Attorney.


United South & Eastern Tribes, Inc.

USET SPF Policy Analyst, Washington, DC (remote work available temporarily). Conduct advocacy on behalf of the collective interests of member Tribal Nations before all branches of the federal government, as well as other partners both within and outside of Indian Country; Develop and maintain an on-going communication between USET SPF and these entities; and more. This position is open until filled. The application link is here on Indeed. Please see the position description for more information.

The Wilderness Society

Senior Government Relations Representative, Energy/Climate. The Senior Representative will lead government relations strategies to advance key climate and energy policies for public lands, including rapidly phasing down fossil energy emissions, to achieve a climate goal of net-zero emissions from federal lands by 2030 and zero emissions by 2050, including advancing just and equitable policies that make our public lands a leading solution to the climate crisis.  Application Deadline: May 23.

Government Relations Representative or Senior Government Relations Representative, Land. The Senior Representative or Representative (depending on experience level) will lead government relations strategies to advance legislative and administrative protections for priority lands to help achieve The Wilderness Society’s goals of protecting 30% of US lands and waters by 2030 and ensuring that all people benefit equitably from public lands.  In addition to proposals for landscape conservation, this person will help defend against reckless mining on federal lands and support Tribes and Indigenous community partner efforts to advance protections for culturally significant lands, sacred sites and cultural resources on federal lands.  Application Deadline: May 23. Information on other open positions at TWS can also be found here.

University of Idaho-Boise

(2) Academic Success Visitors, Boise, Idaho. The University of Idaho College of Law seeks two entry-level or experienced faculty members to serve as full-time, temporary faculty members for the 2021-2022 academic year. These faculty members will teach academic skills courses, develop and administer academic support and advising programs, and provide individualized academic counseling and advising. The positions are open until filled, with a first consideration date of May 19, 2021. Apply here. Questions about the positions may be directed to Kristi Running, Associate Dean of Students-Moscow, at krunning@uidaho.edu.

Nevada Legal Services

Staff Attorney, Indian Law Program, Reno office or Elko office. Serve the surrounding communities in northern and eastern Nevada. Nevada Legal Services is a statewide non-profit that provides free legal assistance to low income Nevadans across the state. The Indian Law Program serves the 27 Native American tribes and colonies within the State of Nevada.  Applications will be considered on a rolling basis but no later than June 10.  Please see the position description for more information.

Maier Pfeffer Kim  Geary & Cohen  LLP

Associate Attorney, Oakland California. The position will remain open until filled. Qualifications include 2+ years of Indian/tribal law experience. Please see the position description for more information.

Patterson Earnhart Real Bird & Wilson LLP

Associate Attorney, Louisville, Colorado Office. This is a national law firm dedicated to the representation of American Indian tribes and organizations.  We represent tribes and tribal entities in a wide spectrum of services including business transactions, litigation, and governmental affairs in many forums, including state, federal and tribal courts. The duties and responsibilities for this position are more fully outlined in the attached pdf.  The job posting will remain open for 60 days, or until filled, whichever occurs first.

Litigation Associate Attorney, Louisville, Colorado Office. We represent tribes and tribal entities in a wide spectrum of services including business transactions, litigation, and governmental affairs in many forums, including state, federal and tribal courts. The duties and responsibilities for this position are more fully outlined in the attached pdf.  The job posting will remain open for 60 days, or until filled, whichever occurs first.

Alaska Legal Services Corporation (“ALSC”)

Anchorage Native Law Staff Attorney. ALSC is seeking a full-time staff attorney to provide legal services to Association of Village Council Presidents (“AVCP”) member Tribes and tribal members. The position is located in ALSC’s Anchorage office and primarily involves representation of tribal clients in state child welfare proceedings and enforcing the Indian Child Welfare Act in cases outside of the Bethel region, and may also involve litigating other Native law matters on behalf of AVCP Tribes and tribal members. Travel to rural areas may be required, public health guidelines permitting. Please see the position description for more information.

Bethel Native Law Staff Attorney. ALSC is seeking a full-time staff attorney to provide legal services to Association of Village Council Presidents (“AVCP”) member Tribes and tribal members. This position primarily involves representation of tribal clients in state child welfare proceedings and enforcing the Indian Child Welfare Act, and may also involve litigating other Native law matters on behalf of AVCP Tribes and tribal members. The Bethel ICWA attorney will be serving clients in cases primarily heard in Bethel, Alaska courts, serving clients in the Yukon-Kuskokwim Delta. The attorney will be supervised and supported by ALSC staff.  The Bethel ICWA attorney will be expected to manage a caseload of state court child in need of aid cases and will also have the opportunity to participate in appellate and impact litigation. Please see the position description for more information.

Navajo Nation Department of Justice

RFP. Under the direction of the Navajo Nation Attorney General or her designee, the Attorney(s) will provide professional Government Relations and Advocacy services to the Navajo Nation Office of the Attorney General. Due Friday, May 28, 2021 at 3 p.m. MDT. Please see the RFP for more information.

See previous posts.

Jamul Action Committee v. Simermeyer Cert Petition

Here:

Jamul Pet2

Questions presented:

1. Whether, in 1994, Congress eliminated the distinction between “historic tribes” and “created tribes” and, thereby, eliminated the requirement that a tribe must have pre-existed the United States to have tribal immunity
2. Whether the JIV, which became a quarter-blood Indian group in 1996, is a federally recognized tribe, with tribal immunity, by virtue of the fact that it is still on the list of “Indian tribal entities” eligible to receive BIA services.

Lower court materials here.