Kansas Tribal Law and Government Conference (2018): Judges Petoskey and Wahwassuck; Sarah Deer; Victoria Sweet; Tonya Kowalski

Kansas Tribal Law and Governance Conference (2018) — Bill Thorne, Keynote

Ute Indian Tribe Sues US for Breach of Trust

Here is the complaint in Ute Indian Tribe v. United States (D.D.C.):

1 Complaint

NYTs: “The Next Standing Rock? A Pipeline Battle Looms in Oregon”

Here.

Pre-Law Summer Institute Accepting Applications for PLSI 2018

Share this with future Native lawyers!  The Pre-Law Summer Institute (PLSI) is accepting applications for PLSI 2018. Join other future Native American lawyers at the oldest and most successful pre-law program for American Indians and Alaska Natives. For more information and to download an application, go to http://ailc-inc.org/PLSI.htm.

Important Dates:
March 23 — Applications Due
May 30-31 — Registration
June 1 — Mandatory Orientation
June 4 — Classes Begin
July 27 — Program Concludes

Univ. of Kansas Law School Tribal Law & Governance Conference Tomorrow

tribal-law-poster-WEB

Here is the agenda: Continue reading

Federal Court Rejects Habeas Petition Seeking Vacature of Major Crimes Act Domestic Violence Conviction [Hualapai]

Here are the materials in Smith v. United States (D. Ariz.):

1 Motion to Vacate

8 US Response

13 Reply

14 Magistrate Report

15 Objection

17 DCT Order

Arizona COA Restores Hopi Suit against Arizona Snowbowl

It’s was a month ago, but here goes:

1 CA-CV 16-0521 Hopi v. AZ Snowbowl

Thanks to D.C. for sending this along.

Briefs here.

Osage Wind LLC v. Osage Minerals Council Cert Petition

Here:

Petition for a Writ of Certiorari

Questions presented:

1. Whether the court of appeals had jurisdiction over the appeal filed by a nonparty when the nonparty did not participate in any capacity in the district court proceedings.

2. Whether the Tenth Circuit improperly invoked the Indian canon of construction to deprive surface-estate owners who are members or successors-in-interest to Indian tribe members of important property rights by overriding clear regulatory language for the express purpose of favoring the economic interests of an Indian tribe without examining congressional intent.

Lower court materials here.

UPDATES:

Osage Minerals Council BIO

Reply

SG Brief [Osage]

Petitioner Supplemental Brief

Interior OIG Report: Ethics Violation by Senior DOI Official

Here:

Report

From the report:

We investigated allegations that a senior U.S. Department of the Interior (DOI) official expressed to other DOI employees his intent to assist two American Indian tribes he had worked with before becoming a DOI employee. In addition, we learned during our investigation that the senior DOI official may have encouraged the hiring of former business associates involved in the guarantee of a DOI loan to another Indian tribe; the senior official himself had been involved in issuing the loan before he started working at the DOI, and the tribe had defaulted on it. The senior official allegedly suggested that a subordinate needed to approve payment of the loan guarantee even though the DOI had already decided not to pay it. He also allegedly asked a DOI employee to hire one of his relatives.
We found that in the short time he worked for the DOI, the senior official made several comments that created an appearance to other DOI employees that he was planning to give preferential treatment to entities he had relationships with. We confirmed that soon after he began working for the DOI, he told three DOI employees that he intended to continue assisting two tribes that he had worked with before coming to the DOI. We found that he assisted the tribes as a DOI employee only once, when he volunteered to schedule meetings between the tribes and Interior Secretary Ryan Zinke. The senior DOI official also spoke to his subordinates about hiring his former business associates and paying the guarantee on the loan he was associated with; although this did not violate regulations, his statements made his subordinates uncomfortable. In addition, we confirmed that he asked a DOI employee to hire his relative, but he claimed that he had been joking when he made the request.
The senior official left the DOI after we began our investigation. We provided this report to the Deputy Secretary of the Interior for any action deemed appropriate.

Related post.