Craig Corn
MSU Alum/ILSA Secretary Kathryn Allen
Bonnie Shucha
Nicholas Duke, Elliott Milhollin, and David Wilson
Author: Matthew L.M. Fletcher
2015 ILSA Conference
Selfies with former students
Fletcher and Fred Urbina (PLSI ’05)
Fletcher and Melissa Burkland (UND ’06)
Madison, Wisconsin
Mino Diibiishkan Mom!
It’s my mom’s birthday today! She’s 39, younger than I am now.
She designed and made these lovely ribbon shirts.
And she’s a huge Star Wars fan
Yes she designed these too.
And this is her mom Laura and her auntie Phoebe
Public Radio Profile of DV Prosecutions at Pascua Yaqui
Here.
An excerpt:
FRED URBINA: In 19 of our cases, we had 18 children involved; the average age being around 4 years old. Some of them were assaulted. A lot of times it was the children that were calling to report these domestic violence incidents.
MORALES: The Justice Department chose the Pascua Yaqui to pilot the program because they have state certified judges and lawyers and a brand new courthouse and jail. Police Chief Michael Valenzuela says the old jail was a two-bedroom house with a cage.
M. VALENZUELA: In the past, if someone was in jail people could go outside and knock on the window and talk – yeah and they did. We’d have to shoo them away. It was not safe. We had people assaulted.
MORALES: Now, thanks to federal stimulus money, they have a 65,000-square-foot justice complex.
Washington SCT Decides State v. Shale, State Criminal Jurisdiction under PL280 over Nonmember Indians
New Mexico Appleseed Job Posting
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.
Responsibilities:
- Develop and maintain expertise in the laws, regulations, and guidance for housing and child welfare programs, USDA meal programs, and other areas related to poverty or public benefits as needed.
- Research and write legislative reports, memos for internal and external distribution, fact sheets, talking points, and presentations.
- Give formal and informal presentations to a variety of audiences, including legislators, state and federal agencies, and community members.
- Advocate in a collaborative and positive manner for policy change with state agencies, school districts, and community stakeholders.
- Work with community stakeholders to implement policies at state and local levels.
- Draft legislation, regulations, and MOUs.
- Occasional travel around New Mexico and the Navajo Nation is required. Longer-distance travel may be required infrequently.
- Other duties as assigned by the Executive Director.
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.
Application Instructions:
To apply, send a cover letter, law school transcript, writing sample and resume to Jennifer Ramo at jramo@nmappleseed.org.
Trust Breach Claims for Compensation re: Flooding of Cheyenne River Sioux Reservation Dismissed
Here are the materials in LeBeau v. United States (D. S.D.):
An excerpt:
Plaintiffs’ claims accrued decades ago and are therefore barred by the statute of limitations. As this court stated in 2013, it is sympathetic to the claims made by plaintiffs. But even sympathetic claims must comply with jurisdictional requirements. Because there is no valid waiver of sovereign immunity, this court has no jurisdiction to entertain this suit. Plaintiffs may deserve compensation, but that compensation must come from Congress.
Prior suit materials are here.
Part 2 of Cynthia Ford’s Article on Evidence Rules in Montana Tribal Courts
In the March 2015 edition of the Montana Lawyer (page 18).
Part 1 was here.
Wisconsin Law School ILSA: 29th Annual Coming Together of Peoples Conference Agenda — This Weekend!
Here (PDF):
Federal Court Interprets New Western Sky/CashCall Arbitration Language to Allow for Outside Arbitrator
Here are the materials in Williams v. CashCall (E.D. Wis.):
4 CashCall Motion to Dismiss or Compel Arbitration
An excerpt:
So why didn’t the court appoint an arbitrator in Jackson? The court there held that the arbitration provision (like the one signed by Ms. Walker) was void “because it provides that a decision is to be made under a process that is a sham from stem to stern.” 764 F.3d at 779. Not only was there no authorized representative of the Tribe to preside over the proceeding, “the Tribe has no rules for the conduct of the procedure.” Id. (emphasis in original). By providing the option of using the consumer dispute rules of the AAA or JAMS, Mr. Williams’s contract solves that problem. And by allowing the parties to use an arbitrator from either the AAA or JAMS systems, the bias concerns that the Jackson court had about using a Tribal member as the arbitrator, id. at 779-80, are eliminated.
Mr. Williams’s only argument as to why the arbitration provision is unenforceable is that it calls for the arbitrator to apply Tribal law, which he contends is law that does not exist. (ECF No. 16 at 9.) But that is not true, as evidenced by substantive Tribal law on contract disputes, including contract cases in the Tribe’s courts, and the Tribe’s Commercial Code, Rules of Civil Procedure, Constitution and By-Laws, and Law & Code. (ECF Nos. 12-4, 12-5, 12-6, 12-7, 12-8, 21.) Mr. Williams does not raise any of the procedural or substantive unconscionability concerns expressed by the court in Jackson.
The most reasonable reading of Mr. Williams’s loan agreement is that he has the option of choosing to arbitrate any claims that he has relating to his agreement before the AAA, JAMS, or another mutually acceptable organization, applying the consumer dispute rules of the selected administering organization and conducted by an arbitrator from the selected organization’s system. Therefore, unlike Ms. Walker, Mr. Williams is required to pursue his claims against CashCall in arbitration. His complaint shall be dismissed.
Turtle Talk 
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