Fletcher on the Growing Market for Indian Lawyering

From the Tribal College Journal, “The Growing Market for Indian Lawyering,” posted on SSRN.

“Congress should bolster jurisdiction of tribal courts over violence against children, ABA urges”

Here, from the ABA Journal.

Tribal College Journal Feature Stories on Federal Indian Law

Here (unfortunately behind a paywall):

The Growing Market for Indian Lawyering
By Matthew L.M. Fletcher
American Indians are sorely underrepresented in the legal profession. But there is a greater need for more Native attorneys now than ever. By offering lay advocate, paralegal, or pre-law programs, TCUs can make a major difference. TCJ PAID CONTENT

Producing a Tribal Citizenry Literate in Law and Jurisprudence
By Stephen Wall
As the most legislated people in America, tribal citizens can benefit immensely from a legal education offered from a critical and culturally specific perspective. And tribal colleges are ideally suited for the task. TCJ PAID CONTENT

Teaching Indian Law and Creating Agents of Change
By Christopher M. Harrington
Teaching tribal college students about Indian law and policy can be an emotional and challenging endeavor. The process, however, can galvanize and empower them to work for change in their own communities and in Indian Country as a whole. TCJ PAID CONTENT

Designing and Teaching an Introduction to Federal Indian Law
By Wynema Morris
There are a variety of factors that should be considered when designing the curriculum for a course on Indian law. Students should learn to read for content, interpret legal language and symbols, and gain an understanding of who makes, implements, and interprets the law. TCJ PAID CONTENT

Grand Ronde Disenrollees’ Appeal Denied by Tribal Court

Here is the order in Alexander v. Confederated Tribes of Grand Ronde:

ORDER 10-27-15-2-2

U.S. Tax Court Decides Miccosukee Tribe v. Commissioner

Here:

Opinion

An excerpt:

The Internal Revenue Service (IRS) Appeals Office sent petitioner a Notice of Determination Concerning Collection Action(s) Under Section 6320 and/or 6330 (notice of determination) with respect to notices of Federal tax lien (NFTLs) and a notice of intent to levy filed to collect petitioner’s unpaid tax liabilities for tax years ended December 31, 2000 through 2005. The sole issue for decision is whether the Appeals Office abused its discretion by sustaining the lien and levy actions for these years. We hold that it did not.

Federal Court Holds ERISA Abrogates Tribal Immunity

Here are the materials in Coppe v. Sac & Fox Casino Healthcare Plan (D. Kan.):

32 Motion to Dismiss

34 Opposition

37 Reply

47 DCT Order

An excerpt:

The statutory language of ERISA in 29 U.S.C. § 1002(32) demonstrates that Congress specifically intended for Indian tribes to maintain sovereign immunity for some employee benefit plans and to abrogate it for others. The language makes it clear that the exemption from the requirements of ERISA applies if all the employees in the plan established by an Indian tribe are “in the performance of essential governmental functions but not in the performance of commercial activities [whether or not an essential government function].”

Congress’s 2006 amendments to ERISA constitute an unequivocal waiver of sovereign immunity for tribal employee plans that perform commercialfunctions. Even before those amendments, circuit courts found ERISA applicable to Indian tribes whose employees performed non-governmental functions. Lumber Indus. Pension Fund v. Warm Springs Forest Prods. Indus., 939 F.2d 683 (9th Cir. 1991); Smart, 868 F.2d at 929.

Native American Disability Law Center Job Posting

Attorney Position

Farmington or Gallup, New Mexico

 

The Law Center provides legal services to Native Americans with disabilities living on or near the Navajo & Hopi reservations.  Our offices are located in Farmington and Gallup, New Mexico; however, we serve a broad area around the Four Corners Region of Utah, Arizona, and New Mexico.  Attorneys represent clients in administrative hearings, and tribal, state and federal court actions – with a focus on systemic change. Attorneys also work with tribal governments on legislation & policies effecting individuals with disabilities.  Applicants must have a demonstrable interest in issues facing individuals with disabilities & a willingness to work with the community & non-attorney staff.

 

The Law Center provides exciting opportunities to address issues of first impression & to develop law in Indian Country. The Law Center works closely with the Navajo & Hopi communities to develop law that protects the rights of Navajo & Hopis with disabilities.

 

Admission to the Utah, Arizona, or New Mexico Bar is preferred. Because of high level of independence & responsibility, over 4 years of experience is also preferred.  Willingness to take the next available state and tribal bar exam is required.

 

Salary: Depends upon experience.

Excellent benefits, including full health care, generous leave & flexible scheduling.

 

If interested, please submit cover letter, resume, & writing sample to:

 

Therese E. Yanan

Co-Director of Program Services

Native American Disability Law Center

3535 E. 30th Street, Suite 201

Farmington, New Mexico 87402

505/566-5880

tyanan@nativedisabilitylaw.org

“American Indian police departments to get access to federal criminal databases”

Here.

What an insane world we live in where only 10 tribal police departments may access this database, and even then only through a pilot project.

Northwestern University Founds “Indigenous Studies Research Initiative”

Here are the details.

This is in partial response to the university’s founder’s role in the Sand Creek Massacre.

Dakota Plains Legal Services Job Posting

STAFF ATTORNEY – MISSION, SOUTH DAKOTA

DAKOTA PLAINS LEGAL SERVICES (DPLS), a non-profit legal services program, is accepting applications for a Staff Attorney position in our Mission, South Dakota, branch office.  The Mission office serves the Rosebud Sioux Indian Reservation in South Dakota and Gregory, Jones, Mellette, Todd and Tripp counties in South Dakota.

QUALIFICATIONS/RESPONSIBILITIES: Applicants must have a JD degree and be licensed to practice in South Dakota, or willing and qualified to take the next South Dakota Bar Exam; must be a bright, motivated, self-starter; must have the tenacity to assume immediate practice responsibilities, including handling a significant caseload touching on many different areas of law with regular appearances in court; must demonstrate an interest in poverty law and working with Native American and low income clients; and must commit to a minimum of a two year employment period, upon completion of a six month probationary period.

SALARY: Competitive, depending on experience.  DPLS has an excellent fringe benefits package including generous leave benefits and employee insurance coverage (medical, dental, life, disability).

CLOSING DATE: Open until filled.

APPLICATION INFORMATION:  Please submit a letter of interest and resume to:

 

John J. Buchy, Executive Director

Dakota Plains Legal Services

PO Box 727

Mission, SD 57555

(605) 856-4444

dpls1@gwtc.net

 

Native Americans, Women and Minorities are encouraged to apply.  Dakota Plains Legal Services is an Equal Opportunity Employer.