Here is the unpublished opinion. An excerpt:
The district court concluded next that joinder would not be feasible because the Tribe enjoys sovereign immunity as a federally recognized Indian tribe. Appellants challenge the validity of the Tribe’s federally recognized status but concede its existence. Indeed, the Tribe has been federally recognized since at least 1985, see Indian Tribal Entities Recognized and Eligible to Receive Services, 50 Fed. Reg. 6055-02 (Feb. 13, 1985), and it thus has “the immunities and privileges available to other federally acknowledged Indian tribes by virtue of their government-to-government relationship with the United States,” Indian Entities Recognized and Eligible to Receive Services from the Board of Indian Affairs, 77 Fed. Reg. 47,868-01 (Aug. 10, 2012).
Briefs and link to oral argument audio here.
Lower court materials here.
Here is the opinion in Desert Water Agency v. Dept. of Interior (C.D. Cal.):
Here are the materials in Oglala Sioux Tribe v. Van Hunnik (D. S.D.):
Order Denying Motions to Dismiss (Jan 28, 2014)
Order Granting Class Certification (Jan. 28, 2014)
Order Granting Expedited Discovery (Jan. 28, 2014)
New Mexico Legal Aid is seeking a staff attorney to join the Native American Program (NAP) in Santa Ana. The NAP staff attorney will handle cases and matters involving federal Indian law and Indian tribal law issues, including representation of low income individuals in tribal court. In addition, the staff attorney may be required to handle poverty law issues involving consumer and family law issues in forums other than tribal court and to conduct outreach in Indian communities. The attorney will also be active in relevant bar and community activities.
The Native American Program does creative, challenging and complex work in a context of rich cultures and diverse client communities. We are looking for highly motivated candidates who are passionate and strongly committed to helping NMLA better serve our Native American communities, including development of effective team strategies to handle complex advocacy and extended representation cases.
Requirements: Experience with Native American communities and legal issues will be highly preferred. Must be willing to travel. Candidates also must possess excellent written and oral communication skills, the ability to manage multiple tasks, manage a significant caseload and build collaborative relationships within the staff and the community. Proficiency in relevant Native American languages is a plus.
Send a current resume, a letter of interest explaining what you would like to accomplish if you are selected for this position, and three references, to: Gloria Molinar at: jobs@nmlegalaid.org ; or by mail at: PO Box 25486, Albuquerque, NM 87125-5486
Salary: DOE, NMLA is an EEO Employer. Deadline: February 4, 2014
Here:
Deconstructing the “Baby Veronica” Case: Implications for the Future of the Indian Child Welfare Act
Friday, February 21, 5:15-6:45 p.m.
Yale Law School, New Haven, CT
Panelists:
In June 2013, the Supreme Court decided Adoptive Couple v. Baby Girl, a widely publicized case involving the adoption of a Cherokee child by non-Natives over the objections of her Cherokee father. At the heart of the controversy was the Indian Child Welfare Act, a federal law designed to protect the best interests of Native children and promote the stability and security of Indian tribes and families. This panel will explore the history behind this landmark law, the current landscape of Indian child welfare, and the implications of the “Baby Veronica” decision for the future placement of Native children. Additionally, panelists will discuss how their organizations collaborated with both tribal and non-tribal stakeholders to develop legal, media, and other advocacy strategies for the case as part of the Tribal Supreme Court Project.
Registration: http://www.rsvpbook.com/event.php?439305
This panel is part of Yale Law School’s 2014 Rebellious Lawyering Conference. To learn more about the conference, please visit: http://www.yale.edu/reblaw.
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