Author: Matthew L.M. Fletcher

Association on American Indian Affairs Seeking Executive Director

Matthew L.M. Fletcher

ASSOCIATION ON AMERICAN INDIAN AFFAIRS

JOB ANNOUNCEMENT

EXECUTIVE DIRECTOR – The Association on American Indian Affairs, www.indian-affairs.org, a national Indian advocacy nonprofit is seeking a qualified individual for the position of Executive Director.  As the chief operating officer, the candidate must possess significant fundraising, administrative and programmatic experience, have excellent writing and public speaking skills and knowledge about American Indian affairs.  Salary depends on experience and qualifications.   To apply, by May 8 please submit a cover letter of interest and resume, including three references, in confidence to Chair, Board Search Committee at general.aaia@indian-affairs.org or to 966 Hungerford Drive, Ste. 12-B, Rockville, MD  20850.  Full job description is available at http://indian-affairs.org/about/docs/AAIAExecDirectorJobDescription.pdf

Minnesota Court of Appeals Decides ICWA Notice Appeal

Matthew L.M. Fletcher

Here is the unpublished opinion in In re Welfare of Child A.N.T. (Minn. App.):

In re ANT

An excerpt:

The district court properly inquired into whether ICWA applies here. After extensive testimony, the district court’s reopening of the ICWA issue, and dozens of tribal notifications, including one to the United States Bureau of Indian Affairs, no evidence was located to suggest that daughter is eligible for membership in any Indian tribe. Mother, through her mother, provided scant information pertaining only to practices and purported Native American heritage, but nothing concerning tribal membership or eligibility for membership. OCCS, despite extensive and documented efforts, was unable to verify that daughter is an Indian Child as defined by ICWA.
We have held that a district court does not err when it declines to apply ICWA where “there is no evidence that the children are eligible for membership in any Indian tribe.” In re Welfare of Children of M.L.A., 730 N.W.2d 54, 59 (Minn.App.2007). Further, in In re Matter of Baby Boy Doe, 849 P.2d 925, 931 (Idaho 1993), cert. denied 510 U.S. 860, 114 S.Ct. 173 (1993), the Idaho Supreme Court held that “[t]he party asserting the applicability of ICWA has the burden of producing the necessary evidence for the trial court to make” the determination of whether ICWA applies.
Mother failed to meet her burden of production concerning the application of ICWA. Therefore, the district court did not err in concluding that ICWA does not apply here.

Big Sandy Rancheria Moves to Returned Smokes Seized by Feds

Matthew L.M. Fletcher1 Comment

Here is the motion in In Re 365,380 Ea 640 Boxes of Cigarettes worth 568,000.00 (Big Sandy Tobacco Redistribution) (C.D. Cal.):

1 Motion for Return of Seized Property

Candy Smokes

Newtok Village Leadership Dispute Complaint Filed in Federal Court [Updated with Default Judgment]

Matthew L.M. Fletcher1 Comment

Here is the complaint captioned Newtok Village v. Patrick (D. Alaska):

1 Complaint

Update (2/25/21):

14 Motion for Default Judgment

16 DCT Order Granting Default

The Commerce Clause Argument against the Washington Football Team’s Nickname

Matthew L.M. Fletcher

Here is “Racial Slurs Shouldn’t Be Trademarked:The Washington football team’s name is an obstacle for interstate commerce,” by Robert Tsai and Christine Haight Farley.

An excerpt:

But one argument the DOJ makes only tepidly deserves far greater emphasis: In regulating commerce, Congress has the power—and perhaps even an obligation—to confront pervasive forms of inequality. As the DOJ explains, trademark law “prevents a mistaken perception of official endorsement of insult and calumny.” Yet the power to deny state approval goes further than that: It implicates the very idea of democratic self-governance. Disparaging marks can foster corrosive cultural stereotypes on the basis of race, religion, sex, or sexual orientation. Left entirely unregulated, the market would become the engine for perpetuating, and even entrenching, illiberal values.

National NABA resolution Requesting Federal Civil Rights Investigation Into Death of Christina Dawn Tahhahwah in City of Lawton, Oklahoma Jail

Matthew L.M. Fletcher

Here:

2015-04-09 2015-05 NNABA Resolution Comanche

Stop the Casino 101 Coalition v. Brown Cert Petition

Matthew L.M. Fletcher1 Comment

Here:

Cert Petition

Questions presented:

1. Does the federal government have the unilateral power to alter California’s historic territorial jurisdiction and transfer that jurisdiction to an Indian tribe?

2. If the answer to the first question is affirmative, should a federal statute restoring tribal recognition and authorizing the United States to accept fee title to unspecified private lands within California’s borders be construed as transferring territorial jurisdiction from the state to the tribe when the statutory language is silent on that subject?

3. Can a state’s territorial jurisdiction shift by implication, or is an express, unequivocal acceptance of jurisdiction required under 40 U.S.C. § 3112?

Lower court materials here.

 

New Mexico Appleseed Staff Attorney Posting

Matthew L.M. Fletcher

New Mexico Appleseed

STAFF ATTORNEY

Santa Fe, New Mexico (possibly Albuquerque)

Practice Areas:  Hunger, homelessness, community development, poverty law, Native American

Job Description

The Staff Attorney is responsible for high-quality research, analysis, and writing for the organization on a wide variety of poverty-related issues such hunger, homelessness, and foster care.  Primary responsibilities include legal research and writing, policy analysis and advocacy, legislative drafting, negotiation, community education, and collaboration with non-profit, community-based, and governmental organizations.  This position does not involve litigation or individual client representation.  Diverse candidates are encouraged to apply.

 

Qualifications

  • Proven track record of superb, detail-oriented legal and policy research and writing. Candidate must be able to identify issues; research relevant statutes, regulations, and guidance at all levels of government; summarize them accurately, succinctly, and coherently; and edit his or her own work.
  • Deep, proven commitment to public service.
  • Proven ability to work with a wide array of professionals and community members from varying backgrounds
  • Willingness to work “law firm” hours on a fairly regular basis.
  • Ability to create and use Excel spreadsheets and do basic math.
  • Bar admission in any state preferred; willingness to take the New Mexico Bar required.
  • One to five years of experience as an attorney required.
  • Two to five years of experience doing advanced research and writing preferred.
  • Clerkship a major plus
  • Journal experience a plus.
  • Connection and/or commitment to New Mexico a plus.

Qualifications

  • Proven track record of superb, detail-oriented legal and policy research and writing. Candidate must be able to identify issues; research relevant statutes, regulations, and guidance at all levels of government; summarize them accurately, succinctly, and coherently; and edit his or her own work.
  • Deep, proven commitment to public service.
  • Proven ability to work with a wide array of professionals and community members from varying backgrounds
  • Willingness to work “law firm” hours on a fairly regular basis.
  • Ability to create and use Excel spreadsheets and do basic math.
  • Bar admission in any state preferred; willingness to take the New Mexico Bar required.
  • One to five years of experience as an attorney required.
  • Two to five years of experience doing advanced research and writing preferred.
  • Clerkship a major plus
  • Journal experience a plus.
  • Connection and/or commitment to New Mexico a plus.

 

Personal Qualities:

  • Intellectually curious, with a passion for research and writing
  • Highly detail-oriented
  • Very organized and able to prioritize projects
  • Extremely hard and dedicated worker
  • Flexible and easygoing
  • Willing to do both the exciting policy work and the less exciting grunt work involved with a small nonprofit
  • Self-starter
  • Ability to take and offer constructive criticism
  • Sense of humor
  • Can communicate with anyone from all walks of life

Salary:  Depending Upon Experience. Great office atmosphere and generous vacation. Competitive

Application Instructions:

To apply, send a cover letter, law school transcript, writing sample and resume to Jennifer Ramo at jramo@nmappleseed.org.