Rebecca Webster on Tribal/Local Jurisdiction in Indian Country

Rebecca Webster has published “Tribal and Local Governments: Jurisdictional Challenges within Shared Spaces” in the Wisconsin Lawyer.

An excerpt:

The concepts of shared governance and pooling resources have gained much attention in recent years. Often standing in the way of cooperation is the inability of local governments to regulate beyond their borders.1 While this area of law is well established and generally predictable with respect to local governments, the same cannot be said for instances when tribal governments are involved.2

With a focus on Wisconsin, this article briefly outlines the complex jurisdictional issues that arise when a tribal government and a local government exercise various levels of regulatory jurisdiction within an Indian reservation. Each government has a legitimate interest in protecting its jurisdictional authority; however, the path to determine the extent of that authority often has been paved with costly litigation. Despite the cost in time and money, the pursuit of jurisdictional certainty through the courts is riddled with inconsistencies and unanswered questions. Because this area of law is not well settled, it can be difficult for governments to come to an understanding of their respective jurisdictional limitations3 and therefore, to form cooperative relationships.4

Seminole Tribe’s Good Faith IGRA Suit Survives Florida’s Motion to Dismiss

Here is the order in Seminole Tribe v. State of Florida (N.D. Fla.):

15 DCT Order

Pleadings here.

“NY village vote on changing seal depicting white settler ‘choking Indian'”

Here, here, and here:

Whitesboro.jpg

Federal Circuit Materials in Two Shields v. United States

Oral argument audio in Two Shields v. United States (Fed. Cir.):

Briefs:

Two Shields Opening Brief

US Answer Brief

Reply Brief

Lower court materials here.

Former Federal Official that Stole Indian Ancestors Pleads Guilty

Here is the press release titled “Former Effigy Mounds National Monument Superintendent Admits to Stealing Human Remains:

Munson Plea PR

Nooksack Tribe Seeks Prosecutor and ICW Presenting Officer

RFP – Request for Prosecution and Indian Child Welfare Case Services

 

The Nooksack Indian Tribe is requesting qualified attorneys and law firms to submit statements in response to this Request For Proposals.  The legal services include attendance and preparation for hearings to represent the Nooksack Indian Tribe as prosecutor before Nooksack Indian Tribe Tribal Court on crimes as set forth in the Nooksack Criminal Code, as well as any state or federal proceedings which fall within the Prosecutor’s responsibilities.   Hearings that include Prosecutor duties normally occur on Wednesdays, and require availability via phone other days.

In addition, the legal services would include representing the Nooksack Indian Tribe as Child Welfare Attorney on Indian Child Welfare proceedings in both the Nooksack Indian Tribe Tribal Court and such Washington State Courts as applicable under the Nooksack Youth Code. Hearings that include Child Welfare Attorney duties normally occur on the Whatcom County Dependency docket, and require availability via phone other days.

Responses to the subject RFP should be directed to the Office of the Tribal Attorney, mailed to P.O. Box 63, or hand delivered to 5047 Mt. Baker Highway, #200, Deming, Washington 98244.  The Nooksack Indian Tribe will conduct its first review of proposals that are delivered to, or postmarked by Monday, January 25, 2016.

Persons interested in receiving a digital copy of the RFP must contact Ms. Sue Gearhart, Office of Tribal Attorney, Nooksack Indian Tribe at sgearhart@nooksack-nsn.gov.

Michigan State NALSA Event — Jan. 21, 2016

Here (MSU NALSA Climate Change Event PDF):

MSU NALSA Climate Change Event Poster

 

AALS Indian Law Panel

Ann Tweedy and Kirsten Carlson

 
Brian Gilley, Kyle Veldt, and Alex Pearl  
 
Marcia Zug and Rose Villazor