Here is “Remember the Sand Creek Massacre.“
Ned Blackhawk in the NYTs on the Sand Creek Massacre
Here is “Remember the Sand Creek Massacre.“
Author: Matthew L.M. Fletcher
Happy Thanksgiving
Fredericks Peebles Seeking Transactional and Governmental Attorney
Here (PDF):
Transactional and Tribal Government Attorney
Join our growing Firm………. Fredericks Peebles & Morgan LLP is a nationwide law firm dedicated to the representation of American Indian tribes and organizations. We represent tribes and tribal entities in a wide spectrum of services including business transactions, litigation and governmental affairs, in many forums, including state, federal and tribal courts. FPM is seeking an Associate Attorney for the Omaha, Nebraska office.
Responsibilities will include:
- Tribal corporate law and tribal government work.
- Experience regarding Economic Development, Business Law, and Corporate law.
- Experience regarding tribal gaming and gaming regulations.
Requirements include:
- Juris Doctorate degree from an ABA accredited law school.
- Status as an active member in good standing of the bar in at least one state jurisdiction and willing to obtain licensure in Nebraska.
- Minimum of 3 – 5 years’ experience as an Associate Attorney
- Must have Indian law experience and experience working with tribes/tribal business/organizations
- Excellent analytical, research and writing abilities
- Proven communication skills including verbal, written and listening skills; Superior interpersonal skills; Proven record of maintaining a positive attitude
- Organized; Detailed; Flexible; Accurate; Reliable and Dependable
- Ability and willingness to do whatever it takes to meet tight and unexpected deadlines; Work well independently and as a team in a fast paced environment
Your contributions are rewarded with a “Total Compensation” Package including a competitive salary, bonus potential and excellent Firm paid benefits.
Send your resume, cover letter with salary requirements, writing example, law school transcript (if graduated from law school less than 5 years ago) to:
Ann Hacker, Director of Human Resources ahacker@ndnlaw.com
3610 N 163rd Plaza
Omaha, NE 68116
Position is open until January 12, 2015
New York Court of Appeals Finds Seneca-Owned Company Not Cloaked with Tribal Immunity
Here is the opinion in Sue/Perior Concrete and Paving v. Lewiston Golf Course Corp.
An excerpt:
Defendant Lewiston Golf Course Corporation (Lewiston Golf) is an indirect, wholly owned subsidiary of the Seneca Nation of Indians, a federally recognized Indian tribe. We are asked to decide whether that corporation is protected from suit by the Seneca Nation’s sovereign immunity. Applying the factors set out in Matter of Ransom v St. Regis Mohawk Educ. & Community Fund (86 NY2d 553 [1995]), we hold that it is not.
Briefs and other materials here:
A102214-196-Oral-Argument-Transcript
ASuePeriorConcretevLewiston-amic-SenecaNation-amicbrf
ASuePeriorvLewiston-app-Lewiston-brf
ASuePeriorvLewiston-app-Lewiston-Rec
ASuePeriorvLewiston-app-Lewiston-replybrf
ASuePeriorvLewiston-res-SuePerior-brf
ASuePeriorvLewiston-res-SuePerior-BrfRspAmic
Lower court materials here. My commentary on the appellate division’s reasoning applies here as well.
Ninth Circuit Briefs and Oral Argument Audio in EXC Inc. v. Jensen
National NALSA is Recruiting Judges for the 2015 Moot Court Competition
Here is the recruitment letter:
Letter to Recruit Juges for Moot Court
UPDATE — Also an email from the NNALSA board:
Greetings Friends and Colleagues,
The NALSA Chapter at the University of Arizona College of Law was chosen to host the 2015 National NALSA Moot Court Competition in Tucson, AZ on March 6-7, 2015.
The competition is expected to draw roughly 50-60 teams from law schools across the country. As both the President of the UofA NALSA Chapter and the Vice-President of National NALSA, I’m tasked with organizing and planning this competition. I am seeking attorneys from both inside and outside the Arizona legal community to serve as either brief judges or oral argument judges. Attached is a letter from me detailing the tasks of a brief and oral argument judge and a form is included for those interested in participating.
Please consider participating in the National NALSA Moot court competition. For more information on the competition (the moot court problem), see:
http://www.law.arizona.edu/iplp/moot_court/
The problem centers on Indian law, particularly a tribe’s civil jurisdiction. Please note that you don’t need a background in Indian law to judge because we, the host school, will provide a bench brief that will explain the issues, provide the relevant law, and provide arguments for both sides. This is a great opportunity to watch and help law students hone their advocacy and legal writing skills.
Eleventh Circuit Briefs and Updated Materials in IRS Subpoena Controversy with Miccosukee
Here are the appellate materials in United States v. Billie:
District court materials:
19 Miccosukee Response to Summons
26 DCT Order Enforcing Subpoena
34 DCT Order Denying Motion for Stay
Federal Govt. Sues Osage Wind over Wind Energy Turbine Excavations
Here is the complaint in United States v. Osage Wind LLC (N.D. Okla.):
An excerpt:
In this civil action, the United States seeks a preliminary and a permanent injunction and a declaratory judgment that the ongoing excavation activities of Osage Wind, LLC, Enel Kansas, LLC, and Enel Green Power North America, Inc. (collectively “Defendants”) in Osage County, Oklahoma, are unlawful and must be suspended until Defendants have obtained all requisite federal regulatory approvals and have entered into appropriate leases approved by the Secretary of the Interior (“the Secretary”).
Habeas Petition Filed at Nez Perce
Here are the materials in Cunningham v. Carlin (Nez Perce Tribal Court):
Cunningham Habeas Affidavits and Exhibits Set 1
Cunningham Habeas Exhibits Set 2
Cunningham Habeas Exhibits Set 3
Audio files are available, too — contact Quanah Spencer quanah@qspencerlaw.com.
Tribal In-House Counsel Assn. & MSU ILPC Announce 2015 Conference — Call for Proposals and Save and Date — November 5-6, 2015
CALL FOR PAPERS & SAVE THE DATE
***
12th ANNUAL MICHIGAN STATE UNIVERSITY INDIGENOUS LAW CONFERENCE
&
INAUGURAL TRIBAL IN-HOUSE COUNSEL ASSOCIATION LAW CONFERENCE
@
MICHIGAN STATE UNIVERSITY COLLEGE OF LAW
INDIGENOUS LAW AND POLICY CENTER
NOVEMBER 5-6, 2015
EAST LANSING, MICHIGAN
KEYNOTE SPEAKER:
VENUS McGHEE PRINCE, TICA Co-Founder
***
TICA members interested in presenting on the following topics are invited to submit proposals:
- Tribal regulatory structures: Indian nations operate tribal employment rights offices, gaming commissions, natural resource commissions, and other regulatory structures.
- Federal-tribal relations: Indian nations deal with the federal government through self-determination (638) and self-governance contracting, legislative and agency lobbying, fee to trust applications, administrative appeals, and numerous other ways.
- State-tribal relations: Indian nations negotiate and execute intergovernmental agreements over a wide variety of issues.
- Indian child welfare: Indian nations develop child welfare codes and court structures, litigate ICW matters in tribal and state courts, and advocate for Indian children in other ways.
- Internal conflicts of interest (ethics panel): Tribal in-house counsel are confronted with issues relating to client conflicts of interest, internal tribal government conflicts, and inter-branch conflicts.
- Working with outside counsel: Indian nations engage outside counsel on a variety of matters that tribal in-house counsel supervise.
- Internal control systems: Indian nations have developed a wide variety of administrative structures to govern employment, finance, procurement, and other matters.
- Jurisdiction: Indian nations’ assertion of jurisdiction of nonmembers is highly controversial. Tribal in-house counsel advise tribal clients on strategies to regulate nonmembers and litigation strategies as appropriate.
Deadline for formal proposals is February 1, 2015. Please keep proposals to 300 words or less.
Want to present but aren’t a member? Become a TICA member at www.tribalinhousecounsel.com.
MSU will cover reasonable travel expenses for speakers selected for the conference. We will be applying for CLE credits for the conference and so speakers must prepare written materials. MSU can provide research support for speakers in preparing materials, if requested.
Primary contacts:
Doreen N. McPaul, TICA President (Doreen.McPaul@tonation-nsn.gov)
Matthew L.M. Fletcher (matthew.fletcher@law.msu.edu)
Kathryn E. Fort (fort@law.msu.edu)
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