Here is the order in Miccosukee Tribe of Indians of Florida v. Cypress (S.D. Fla.):
299 DCT Order Denying Motion for Reconsideration
Reconsideration materials are here.
Dismissal materials are here.
Author: Matthew L.M. Fletcher
Little Traverse Bay Bands Odawa Special/Assistant Prosecutor Posting
SPECIAL/ASSISTANT TRIBAL PROSECUTOR POSITION (PDF)
Waganakising Odawak, known in English as Little Traverse Bay Bands of Odawa Indians, is a nation of citizens with inherent sovereignty and right to self-governance. The Little Traverse Bay Bands of Odawa Indians (“LTBB”) is a federally recognized Indian Tribe under Public Law 103-324, and is a party to numerous Treaties with the United States, the most recent of which are the Treaty of Washington of March 28, 1836 (7 Stat. 491) and the Treaty of Detroit of 1855 (11 Stat. 621).
PURPOSE AND BACKGROUND: The purpose of this posting is to invite proposals from persons interested in providing services as a Special / Assistant Tribal Prosecutor
QUALIFICATIONS: Applicants must be an attorney in good standing licensed to practice law in LTBB Tribal Court and any State in the United States. Indian Tribal Preference laws apply to this position.
PERIOD OF PREFORMANCE: Two year appointment to handle cases that involve a conflict of interest for Tribes current Prosecutor, or a vacancy in the Prosecutor position during the Two- year appointment.
COMPENSATION: As negotiated
APPLICATION REQUIREMENTS: Each application should include a letter of interest, letter of reference, a resume and proof of member in state bar association (Copy of Bar Membership or Certificate of Good Standing) Applications are accepted by email Chairman@ltbbodawa-nsn.gov , fax 231-242-1411 or Mail to: Little Traverse Bay Bands of Odawa Indians, Attn. Tribal Chairman’s Office, 7500 Odawa Circle, Harbor Springs, MI 49740
Native American Rights Fund on Humetewa Confirmation
Today the United States Senate unanimously confirmed Diane Humetewa as a United States District Court Judge for the District of Arizona. Humetewa is a member of the Hopi Tribe and is now the first American Indian woman federal judge. She was the U.S. Attorney for the District of Arizona from 2006 to 2009.
NARF Executive Director John E. Echohawk congratulated Judge Humetewa on her confirmation: “She is well-qualified for this position and the Federal Judicial Selection Project, staffed by NARF and NCAI attorneys, has long-supported her nomination and confirmation. With today’s historic vote, she will be the only Native American federal judge currently sitting and the first Native American woman in the federal judiciary. With this important milestone, we acknowledge that there are still a lot of judicial vacancies and accomplished, well-qualified Native American attorneys who are ready to serve. We look forward to supporting more nominees like Judge Humetewa in the future.”
Guest Post — Anthony Jones on the Federal Circuit’s Recent Trademark Decision and Its Import for the Washington Football Team’s Nickname
Patently-O commentator Mark Bartholomew points to this Federal Circuit case. The issue is when a trademark may be denied for containing “matter which may disparage” a group of persons. At issue in this case is a proposed mark of STOP THE ISLAMISATION OF AMERICA which was denied for violation of this disparagement provision. The Federal Circuit approved a two-prong test. Bartholomew further states:
- “Under the first prong of that test, a court must determine the likely meaning of the mark in question. Under the test’s second prong, the court examines whether the likely meaning refers to an identifiable group and, if so, whether that meaning is disparaging to a substantial composite of that group.”
- “The stakes are high here because the Federal Circuit is the typical route for appeals of [Trademark Trial and Appeal Board] decisions, and a highly anticipated decision from the TTAB on disparagement involving the WASHINGTON REDSKINS mark is due soon.”
There ought to be little doubt that the term “Redskins” refers to an identifiable group – i.e., American Indians. As to the issue of disparagement, the Federal Circuit has endorsed a rather permissive evidentiary standard, which allowed for consideration of anonymous blog posts to show public perception and reaction to a proposed mark, and statements from members of the disparaged group stating concern over such disparagement. One key issue that the Court did not address is what constitutes a “substantial composite” of the referenced group.
Blast from the (Recent) Past: Lummi COA Assumes Jurisdiction over Business Dispute involving Nonmember LLC
Here is the opinion:
An excerpt:
We reverse the trial court’s decision. Any challenge to tribal court jurisdiction raises two questions. First, does the Lummi Nation Code of Laws empower the court to hear the subject mailer of the suit and exercise personal jurisdiction over the parties? Second, does federal law restrict what the Lummi Code authorizes? We conclude that the Lummi Code authorizes the court to exercise personal and subject matter jurisdiction over this lawsuit and that federal law does not forbid it. Because the internal disagreement in MyTribe TV involves a Lummi Tribal member, a LLC registered to do business on the Reservation, and proceeds from Lummi contracts, Lummi Nation courts have jurisdiction to adjudicate these claims.
Dakota Plains Legal Services (Mission Office) Job Posting
Federal Court Hold Turtle Mountain Tribal Court Has Jurisdiction over Indian Claims against Insurance Company
Here are the materials in State Farm Insurance Companies v. Turtle Mountain Fleet Farm LLC (D.N.D.):
25 Greenwoods Motion for Summary J + Tribal Appellate Court Decision
27 State Farm Motion for Summary J
27-3 State Farm Tribal Court Motion to Dismiss
An excerpt:
In summary, the court concludes that the tribal court does have jurisdiction over the Greenwoods’ claims against State Farm. In reaching this conclusion, the status of the title of the land is not a significant consideration. Rather, the important factors for purposes of this case, given the nature of the activity at issue, are that the insurance policy was issued to members of the Tribe and is for a residence located on the reservation. Consequently, the court would reach the same conclusion if the Greenwoods’ residence was situated on non-Indian owned fee land.
Sen. Heitkamp Statement on Humetewa Confirmation
U.S. Senator Heidi Heitkamp today issued the following statement after the Senate voted unanimously to confirm Diane J. Humetewa to be United States District Judge for the District of Arizona.
Humetewa is the first Native American woman to serve as a federal judge, and the third Native American ever to do so.
“The confirmation of Ms. Humetewa to serve on the federal bench is historic,” said Heitkamp. “As the first Native American woman to serve as a federal judge, I have no doubt that she will hold the court to the highest standards, as she has done throughout her career. Her vast and diverse experience shows that she is more than qualified for this position – from her work as a prosecutor and appellate court judge to her tribe, the Hopi Nation in Arizona, to her advocacy for victims’ rights to her work in academia. She’s an inspiration to Native American families across North Dakota and the country, and I hope that other young Native Americans strive to give back to their communities and stand up for others in the way that Ms. Humetewa has. It’s long overdue that Native Americans are better represented on the federal bench, and today’s vote is an important step forward.”
NCAI Statement in Humetewa Confirmation
The National Congress of American Indians (NCAI) congratulates Diane J. Humetewa of the Hopi Indian Tribe on her confirmation as federal judge in the U.S. District Court of Arizona. As the newest member of the federal bench, she is the first Native American woman ever appointed to serve in that position.
The Honorable Humetewa is impeccably qualified for her new role. She has practiced law in federal courts for over a decade – as Special Assistant U.S. Attorney, as Assistant U.S. Attorney, and as the U.S. Attorney for Arizona – and is experienced in a wide array of complex proceedings, hearings, and cases.
Further, Judge Humetewa has dedicated time to serving the interests of Native peoples. She has been the Appellate Court judge for the Hopi Tribe, counsel to the U.S. Senate Committee on Indian Affairs, and special advisor to the President on American Indian Affairs at Arizona State University.
NCAI greatly appreciates the efforts of the President and Senate in achieving this historic confirmation. There are many qualified, talented people like Diane Humetewa in Indian Country who are able and willing to serve. We eagerly anticipate many more nominations of Native people to the federal bench and other offices.
National Native American Bar Association Statement on Humetewa Confirmation
The National Native American Bar Association applauds the historic confirmation of Diane Humetewa to be a district court judge for the U.S. District Court for the District of Arizona. Ms. Humetewa, an enrolled member of the Hopi Tribe, is the first Native American woman in the history of our nation to serve on the federal judiciary, and will be the only American Indian serving as an Article III judge in the federal judiciary. Ms. Humetewa was confirmed unanimously by the U.S. Senate.
Ms. Humetewa has had a distinguished career in public service. She previously served as the Senate-confirmed U.S. Attorney for the District of Arizona. Earlier in her career, she worked as an attorney on the U.S. Senate Indian Affairs Committee under then Chairman John McCain. Ms. Humetewa also worked in the U.S. Department of Justice and served as an Appellate Judge on the Hopi Appellate Court.
NNNABA applauds President Obama and Senator McCain for their support for Ms. Humetewa’s ascension to the federal bench in Arizona. “Ms. Humetewa’s exceptional career, including her former role as U.S. Attorney, will serve her well as the first female Native American ever appointed to the federal judiciary and the only American Indian in the federal judiciary,” said Mary Smith, NNABA President.
You must be logged in to post a comment.