Background Materials in Arizona v. Navajo Nation

SCOTUSblog preview here.

Merits stage briefs:

Federal Brief

Colorado Brief

Arizona Brief

Navajo Nation Brief

Arizona Reply

Colorado Reply

Federal Reply

Joint Appendix

Merits Stage Amicus Briefs (supporting Petitioners; there’s a second one but I refuse to give space on my blog to those rancid bigots):

Western Water Users Amicus

Merits Stage Amicus Briefs (supporting Respondents):

Coalition of Large Tribes Amicus Brief

DigDeep Right to Water Project Amicus Brief

Diné Hataalii Association Amicus Brief

Historians Amicus Brief

McCool Rosser Wilkins Amicus Brief

Southern Ute and Ute Mountain Ute Amicus Brief

Tribal Nations and Indian Organizations Amicus Brief

Ute Indian Tribe Amicus Brief

Water Scholars Brief

Cert Stage Briefs:

Arizona Petition 21-1484

Navajo Opposition 21-1484

Federal Response in 21-1484

Arizona Reply 21-1484

Federal Petition 22-51

Navajo Opposition 22-51

States Reponse 22-51

Federal Reply 22-51

Ninth Circuit En Banc Materials

Amended Order + Denial of En Banc Petition

US En Banc Petition

Water District En Banc Petition

Navajo Response

Ninth Circuit Panel Materials:

Opinion

 
 
 
 

District Court Materials:

Third Amended Complaint materials

339 US Response

340 Utility and State Response

346 Navajo Reply

360-1 Navajo Renewed Motion

369 Utility and State Response

370 US Response

375 Navajo Reply

385 DCT Order

This don’t look like this no more.

Univ. of Michigan Posts Native Studies Professor Job Opening

Here.

ACTIVE SEARCH:

NATIVE AMERICAN STUDIES. The Department of American Culture and the program in Native American Studies (NAS) at the University of Michigan invite applications for an open-rank tenured or tenure track position in Native American and/or other U.S.-related Indigenous Studies as part of the Provost’s Anti-Racism Hiring Initiative (ARHI).

We seek qualified scholars in all fields with either disciplinary or interdisciplinary training. The search will consider scholars whose work focuses on Indigeneity, Race, and American Belonging in the United States and those who use comparative and transnational frameworks in relation to the United States. Scholars whose expertise in Native American and Indigenous studies falls within the humanities or humanistic social sciences (including but not limited to gender & sexuality, environmental studies, history, digital studies, museum studies, visual and expressive culture, etc.) are encouraged to apply.

Applicants must demonstrate evidence of excellence in teaching and research. A Ph.D. in a relevant discipline in the arts, humanities, or social sciences is required prior to appointment. This is a university-year appointment with an expected start date of August 26, 2024.

HOW TO APPLY

Application Deadline for full consideration is August 21, 2023, 11:59 p.m., Eastern Standard Time.

Qualified persons should submit preliminary application documents as email attachments to

ac-position@umich.edu under the subject line “NAS ARHI Position.”

Please include the following components (each submitted as a separate PDF file):

  1. Cover Letter addressed to the Chair, NAS Search Committee. Please be sure the cover letter includes: Your name and address; your email address and phone contact information.    
  2. Curriculum Vitae    
  3. Writing Sample (limit to 25 pages)

Persons whose applications are selected for further review will be individually asked to provide additional documents, including but not limited to: evidence of teaching excellence, a statement of teaching philosophy and experience, a diversity statement, and a statement of current and future research plans.

Confirmation: Upon receipt of your preliminary application you can expect an email acknowledgment with a request and instructions to submit a voluntary survey to the College of Literature, Science, and the Arts.

The University of Michigan is committed to fostering and maintaining a diverse work culture that respects the rights and dignity of each individual, without regard to race, color, national origin, ancestry, religious creed, sex, gender identity, sexual orientation, gender expression, height, weight, marital status, disability, medical condition, age, or veteran status. The University of Michigan is supportive of the needs of dual career couples and is an Equal Opportunity/Affirmative Action Employer. Offers for this appointment are contingent upon a successful background screening.

UMich NALSA to Host Panel on Sacred Justice feat. Mike Petoskey, Tim Connors, Margaret Connors, and Fletcher

FTCA Suit Brought against Federal Bureau of Prisons for Death of Andrea Circle Bear

Here is the complaint in LeBeau v. United States (D.S.D.):

We posted news coverage here way back when. Ms. Circle Bear was the first federal prisoner to die of COVID in 2020. According to the complaint, she was 8 months pregnant in March 2020 when the government decided to transfer her to a prison in Texas, where she immediately contracted the virus. She gave birth while intubated.

Sad News — KBIC Judge Bill Jondreau Walks On

GTB Citizen and Journalist to Discuss Michigan Indian Boarding Schools at Ann Arbor District Library on April 24

Here.

Ninth Circuit Reinstates Alaska’s Challenge to Kake Emergency Subsistence Hunt

Here is the opinion in State of Alaska v. Federal Subsistence Board.

Briefs here.

New Mexico SCT Suspends Lawyer for 18 Months for Criticizing Judge in Navajo Water Rights Case

Here is the opinion in In re Marshall:

Colorado Federal Court Refuses to Accept Plea Deal for Lesser Included Offense in Major Crimes Act Prosecution

Here are the materials in United States v. English (D. Colo.):

1 Indictment

33 Joint Memorandum in Support of Plea Agreement

36 Magistrate Minute Order: “This Court does not have jurisdiction over the charge in the proposed Plea Agreement. . . .”

37 Government Objection

39 English Objection

41 DCT Order

An excerpt:

The Major Crimes Act represents one way in which Congress has permitted federal courts to exercise jurisdiction over crimes occurring on tribal lands which otherwise would be subject to the exclusive jurisdiction of the tribal courts. Now codified at 18 U.S.C. § 1153, the Act gives federal courts exclusive federal jurisdiction over certain enumerated felonies occurring between Indians in Indian Country, including, specifically, “a felony assault under section 113.” 18 U.S.C.A. § 1153(a). See also United States v. Burch, 169 F.3d 666, 669 (10th Cir. 1999). Prosecution of crimes not expressly designated in section 1153, including, specifically, simple assault – is reserved to the tribal courts, in recognition of their inherent sovereignty over such matters. United States v. Antelope, 430 U.S. 641, 643 n.1, 97 S.Ct. 1395, 1397 n.1, 51 L.Ed.2d 701 (1977); United States v. Quiver, 241 U.S. 602, 700-01, 36 S.Ct. 699, 605-06, 60 L.Ed. 1196 (1916); United States v. Burch, 169 F.3d 666, 668-69 (10thCir. 1999). See also United States v. Lara, 541 U.S. 193, 199, 124 S.Ct. 1628, 1632-33, 158 L.Ed.2d 420 (2004) (“[25 U.S.C. § 1301] says that it ‘recognize[s] and affirm[s]’ in each tribe the ‘inherent’ tribal power … to prosecute nonmember Indians for misdemeanors.”).

Update in Shoshone-Bannock Tribes Land Claim against United States and City of Pocatello

Here are the materials in Shoshone-Bannock Tribes of the Fort Hall Reservation v. United States (D. Idaho):

77-1 US Motion to Dismiss

91 Tribe Response

94 US Reply

102 DCt Order

108-1 US Motion to Reconsider

110 Tribe Response

111 US Reply

112 DCt Order

114-1 Tribe Motion to Reconsider

121 US Response

122 Pocatello Response

123 Tribe Reply re 121

124 Tribe Reply re 122

126 DCt Order

Prior post here.