Ninth Circuit Briefs in Tribal Disenrollee (San Pasqual Band of Diegueño Mission Indians) Suit against Interior

Here are the briefs in Alto v. Jewell:

Alto Opening Brief

Federal Answer Brief

San Pasqual Band Amicus Brief

Reply Brief

Lower court briefs here.

Ninilchik Subsistence Gillnetting Suit Continues

Here are the materials in Ninilchik Traditional Council v. Towarak (D. Alaska):

10 US Motion to Dismiss

20 DCT Order re Judicial Notice

21 Opposition

32 Reply

37 DCT Order re Judicial Notice

40 DCT Order

Indigenous Law & Policy Center Fellow Job Announcement

The Indigenous Law & Policy Center welcomes applications for the 2016–2017 Fellow position.

Position Summary

The ILPC Fellowship is a flexible position that offers one new law grad each year the chance to work in a setting that is both academic and clinical in nature. Depending on the particular interests of the Fellow, there may be more time spent developing academic articles, researching and writing briefs, interacting with students and legal professionals, or attending conferences centered on Indian law.

Duties and Responsibilities

The following duties and responsibilities are an approximate list of the duties and responsibilities of past Fellows. The Fellow chosen will have the opportunity to spend more time in areas that interest them, but may have to complete additional duties as required by the ILPC.

  1. Maintain a weekly study skills and community-building meeting with 1L students interested in the Indigenous Law & Policy Certificate.
  2. Co-teach the Indian Law Clinic class and the NNALSA Moot Court class.
  3. Act in a staff attorney capacity, researching and writing on problems of federal Indian law as they arise, especially in the ICWA Appellate Project of the Indian Law Clinic.
  4. Assist with the preparation of party and amicus briefs handled by the ILPC.
  5. Publish or work towards publishing a scholarly article, white paper, or working paper based on independent research.
  6. Help with the organization and facilitation of the annual ILPC conference.

Qualifications

  1. Recent graduate of an ABA accredited law school.
  2. Taken a course or have experience in Federal Indian Law.
  3. Commitment and availability to hold the Fellow position from July 2016–June 2017, as well as a willingness to travel occasionally to conferences.
  4. Bar passage is not required, but Fellows are encouraged to take the bar exam.

Compensation

$42,099, plus Michigan State University College of Law full time staff benefits.

Application Requirements

Please submit a cover letter outlining your interest and personal goals, a current resume and writing sample, and two references to Sarah Donnelly at donnel93@law.msu.edu via PDF attachment by May 1, 2016.

News Profile of Nooksack Disenrollments (and others, too)

Here is “In Washington, the Nooksack 306 fight to stay in their tribe” from the High Country News.

Gila River Indian Community Letter to NACDL re: Bryant Amicus Brief

Here:

NACDL US v Bryant 04-15-16

An excerpt:

I am writing to you to express the Gila River Indian Community’s concerns regarding the Brief Amici Curiae of the National Association of Criminal Defense Lawyers and Experienced Tribal Court Litigators in Support of Respondent (“Brief’) recently filed with the Supreme Court of the United States in United States v. Bryant (No. 15-420). The Brief makes numerous attacks on the Community’s criminal justice system, hasty generalizations regarding tribal justice systems, and omits relevant facts and conclusions regarding the Community.

The stated purpose of the Brief is “to draw upon amici’s knowledge and experience with tribal-court criminal litigation to give this Court an informed perspective from which to assess these claims.” Brief at 4 (emphasis added). Unfortunately, the Brief does not do so. Instead, it reads as a narrative and anecdotal attack on tribal justice systems, prominently including the Community. These attacks on the Community’s criminal justice system have often come in a third-party form, such as letters from the National Association of Criminal Defense Lawyers and National Association of Federal Defenders to members of Congress regarding proposed legislation. Despite prominent mention of the Community, these letters- and the Brief-were not provided to the Community when sent or filed. We suspect it may have to do with the favorable outcomes to the Community in the cases discussed in the Brief.

Briefs and other materials in this case are here.

Updated Materials in Suit over N. Arapaho from Wind River Joint Business Council

Here are the new materials in Northern Arapaho Tribe v. Lacounte (D. Mont.):

17-1 NAT Motion for PI

26 Shoshone Business Council Motion to Dismiss

28 Tribal Court Parties Motion to Intervene

40 Shoshone Business Council Response to 17

44 DOI Response to 28

45 Shoshone Business Council Response to 28

49 NAT Reply in Support of 17

50 DCT Order Denying Motion to Intervene

51 NAT Response to 26

Complaint here.

National Indian Law Library Bulletin 4/15/2016

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 4/15/16.

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Oklevueha Native American Church Of Hawaii, Inc. v. Lynch (Religious Freedom; Controlled Substances)
Navajo Nation v. Department of Interior (Native American Graves Protection and Repatriation Act – Inventory Remains)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In re CM (Indian Child Welfare Act – Foster Care Supervision)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature an article on saving the salmon with planned removal of dams on Klamath River.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a notice of the Department of Interior on a draft environmental justice strategic plan which includes cooperation and participation of tribal governments.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
We added these articles:
Contract and (tribal) jurisdiction.
Tips for practicing in tribal courts.
Judicial abrogation: Montana and its progeny’s effect on Freedmen’s treaty rights.
Tribal court comity: Settled areas of the law.
Manifest Destiny: A comparison of the constitutional status of Indian tribes and U.S. overseas territories.
Insights from in-House and Interior: Top 10 lessons from my 10 years of experience.
New approaches to energy development in Indian Country: The trust relationship and tribal self-determination at (yet another) crossroads.
Exploring the intersection of economic development and community well-being in Indian Country.
Ethics and Indian Country.
The Obama administration and Indi an law–a pledge to build a true nation-to-nation relationship.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
We added two bills:
S.2785: A bill to protect Native children and promote public safety in Indian country.
S.2796: A bill to repeal certain obsolete laws relating to Indians.

US Confiscates Fake Indian Art from Santa Fe Plaza Stores

Here is the complaint in United States v. 13 Pieces of Counterfeit Native American Jewelry (D.N.M.):

Complaint

And here is the complaint in United States v. $20,109 in U.S. Currency (D.N.M.):

Complaint

Federal Court Dismisses Wrongful Termination Claim against Coushatta Tribe

Here are the materials in Anderson v. Coushatta Casino Resort (W.D. La.):

18-1 Motion to Dismiss

22 Reponse

25 DCT Order

Cert Stage Briefs in Citizens Against Casino Gambling in Erie County v. Chaudhuri

Here:

2015 12 14 Petition for Writ; Citizens Against Casino Gambling in Erie County et al v Chaudhuri et al

US Cert Opp

Reply

Lower court materials here.