Given this evidence regarding the efforts made to notify possible tribes which the children might have been affiliated with, as well as the lack of any mention by respondent throughout the proceedings regarding the application of the ICWA, we cannot conclude that petitioner and the circuit court violated the notice requirements of 25 USC 1912(a).1
Author: Kate E. Fort
Materials in North Dakota State Board of Higher Ed v. Jaeger
Documents only available through HTM links, not as PDFs.
| 3:00pm | Thursday, March 15, 2012 | |||||||||||||||||||||
|
|
||||||||||||||||||||||
| 20120112 | North Dakota State Board of Higher Education, Petitioner v. Al Jaeger, Secretary of State, in his official capacity, Fighting Sioux Ballot Measures aka Committee For Understanding and Respect, Respondents and North Dakota Legislative Assembly Intervenor |
|||||||||||||||||||||
| Nature of Action: | Writ of Prohibition (Civil) | |||||||||||||||||||||
| Counsel: |
|
|||||||||||||||||||||
| Issues: | Respondent’s Statement of the Issues: Fighting Sioux Ballet Measurers Issues: 1. Whether Article I, 3, regarding the free exercise and enjoyment of religion precludes the State Board of Higher Education (“SBHE”) to obtain a Writ of Injunction without joinder of the N.D. Sioux Tribes. 2. Whether the 1969 sacred Sioux ceremony giving the Fighting Sioux name to the University of North Dakota constitutes a religious function preventing civil interference. 3. Because the Secretary of State has not certified the Referral Petitions nor has there been an actual vote, whether the matter is ripe for Appellate Review. 4. Whether the actions by the majority of the State Legislature along with the State Board of Higher Education can be separated because the two entities acted in concert to promulgate SB 2370. 5. If SBHE and legislative actions can be separated so that constitutional authority can be chosen and decided by this Court, then the issue is whether or not retaining or retiring the Fighting Sioux name is an act to “organize or reorganize” under Article VIII, 6(6)(b) subject to statutory and constitutional limitations. 6. Because of the SBHE’s failure to assert any constitutional rights following the enactment of N.D.C.C. 15-10-46 and the subsequent repeal of said statute pursuant to SB2370, whether the matter has now vested to the power reserved to the people pursuant to Article III, 1 to approve or reject legislative acts for which the SBHE was directly and influentially involved. |
|||||||||||||||||||||
| Briefs: |
|
|||||||||||||||||||||
Western Mohegan Bankruptcy Petition
Petition for Bankruptcy filed in the U.S. Bankruptcy Court, Northern District of Illinois.
Onondaga Land Claim Materials Filed in 2nd Circuit
Job Opening: NICWA Development Manager
Please assist us in recruiting qualified applicants for a development manager position at NICWA. The closing date is March 9.
The National Indian Child Welfare Association (NICWA), based in Portland, Oregon, is seeking a development manager adept in maximizing opportunities for benefactor generosity and achieving fund raising goals. This is an outstanding opportunity for an outgoing development professional to make a difference in the lives of children in American Indian communities across North America. The ideal candidate is adept in sequential and systematic networking, relationship nurturing, follow-through, and time management. Success is achieved through
- strategic marketing;
- industrious networking; and
- friendly, persistent, and patient adherence to development processes.
Qualifications: AS/BS/BA in business marketing, communications, journalism, media relations, or equivalent specialized experience. The ability to plan, implement and achieve development program goals is paramount. Friendly and engaging interaction with executives; proven expertise in previous development campaigns; and experience working in American Indian culture, Indian Country, and tribal child welfare systems also required. Travel 15%-20%.
Salary range: $45K to $65K DOE; excellent benefit package. Email resume, cover letter, six professional references, and salary history to Carmen Farmer at Carmen@nicwa.org or fax to her at (503) 222-4007 or mail to NICWA, 5100 SW Macadam Ave, #300, Portland, OR 97239 by March 9, 2012
The job description can be found on the NICWA website at www.nicwa.org/careers/.
News Coverage of CERD Review of Canada
We mentioned this here.
Coverage from the Montreal Gazette here.
Canada’s international reputation came under fire in Geneva on Wednesday as a UN expert panel delivered scathing criticisms over the government’s treatment of First Nations and recent changes to the country’s immigration system.
Members on the Committee on the Elimination of Racial Discrimination, all of them human-rights experts from around the world, questioned why headway has not been made in resolving the disparities between First Nations communities and the rest of the country.
“This problem should not continue the same way as it has in the past,” said Noureddine Amir, vice-chairman of the Committee on the Elimination of Racial Discrimination. “How long will this be ongoing?”
The treatment of natives jumped back onto the federal political agenda after the Red Cross delivered humanitarian aid to the First Nations community of Attawapiskat in northern Ontario late last year.
DOJ Anti-Human Trafficking Training and Technical Assistance for Tribal Law Enforcement Grant
Information here (pdf).
The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) is pleased to announce that it is seeking applications to support training and technical assistance that will assist Indian tribes through tribal, federal, or local law enforcement in identifying and rescuing victims of human trafficking within tribal communities or native villages. This program furthers the Department’s mission by enhancing Indian tribes’ response, through tribal law enforcement, to human trafficking victims of tribal communities or native villages.
MN Court of Appeals Decides ICWA Case
On appeal from the denial of a petition to return custody, appellant argues that
(a) a challenge to a petition for return of custody under the Indian Child Welfare Act, 25 U.S.C. §§ 1901␣1963 (2006), requires application of all subsections of section 1912 to determine whether reunification is not in the child’s best interests, (b) the district court erred in concluding that remedial services provided to appellant five years ago satisfied ICWA’s requirement to demonstrate active efforts to provide appellant remedial services, and (c) the district court erred in determining that no showing of harm to appellant’s child was required under ICWA because appellant did not retain continued custody after voluntarily terminating her parental rights. Because (1) section 1916(a) requires district courts to apply all subsections of section 1912 in determining whether reunification is not in a child’s best interests, (2) the district court erred in concluding that the active-efforts requirement under section 1912(d) was satisfied, and (3) the district court erred by making no findings under section 1912(f), we reverse and remand.
Supreme Court Denies Cert in Ute Mountain Ute v. Padilla
The First Thirteen/Personal Reflections of the Argument–Event at UNM
Very interesting event at UNM & lots more information about it over at NARF:
Symposium:
The First Thirteen / Personal Reflections of the Argument
Friday, March 16, 2012 – 8:00 am – 5:00 pm
University of New Mexico School of Law
Albuquerque, NM
The First Thirteen Native attorneys who argued before the U.S. Supreme Court will be coming together to discuss their experiences in this history-making symposium. Dale White will interview them about their preparations, the day itself, and the impact on their careers and on Federal Indian Law. This is a rare opportunity that may never be repeated, so you don’t want to miss it! Proceeds will go to fund the Pre-Law Summer Institute for American Indians and Alaska Natives (PLSI).
Registration form available online at www.ailc-inc.org.
or Email: begay@law.unm.edu
Sponsored by American Indian Law Center, Inc., New Mexico Indian Bar Association, Indian Legal Program at the Sandra Day O’Connor College of Law at Arizona State University, and the Law & Indigenous Peoples Program at the University of New Mexico School of Law.
Turtle Talk 
You must be logged in to post a comment.