Here are the materials in State of Wisconsin v. Ho-Chunk Nation (W.D. Wis.):
DCT Order Denying Arbitration Award
News coverage here.
Author: Matthew L.M. Fletcher
Reply Briefs in Mashantucket Pequot Second Circuit Tax Case
DOJ Office of Tribal Justice Job Posting (Updated with Narrative)
Here.
OFFICE OF TRIBAL JUSTICE (OTJ)
Attorney ADVISOR / GS-13 to GS-15
ANNOUNCEMENT: OTJ ATY-13-001
About the Office: The Office of Tribal Justice (OTJ) is the primary point of contact for the Department of Justice with federally recognized Native American tribes, and advises the Department on legal and policy matters pertaining to Native Americans. OTJ promotes internal uniformity of Department policies and litigating positions relating to Indian country and ensures that the Department clearly communicates policies and positions to tribal leaders.
Responsibilities and Opportunity Offered: OTJ is seeking an experienced attorney to serve as Attorney Advisor to provide counsel and assistance to the Director and Deputy Directors. OTJ attorneys:
- Provide advice on significant tribal justice matters and assist in policy and legislative development and review.
- Provide advice to OTJ leadership on Department components litigating, protecting or otherwise addressing Native American rights and/or related issues.
- Review proposed legal actions submitted by divisions that require OTJ approval or coordination.
- Perform legal research on assigned questions or law or policy and prepare reports and memoranda.
- Assist in coordinating with attorneys and officials of the Department, other government agencies, and interested parties to provide guidance and advice to ensure compliance with statutory, regulatory and policy requirements.
- Assist in maintaining liaison with federally recognized tribes, and work with the appropriate federal, tribal, state, and local officials, professional associations, and public interest groups.
- Develop, coordinate and execute special projects as assigned by the Director or the Deputy Directors.
Qualifications: Applicants must possess a J.D. degree with at least two years of post J.D. experience, and be an active member of a bar (any jurisdiction). Applicants must be proficient in analyzing complex legal information and producing clear and thorough written work, and have excellent interpersonal skills. Experience or familiarity with Federal Indian Law is required. Prosecution and/or litigation experience is strongly preferred but not required. The incumbent must be able to obtain a Secret-level security clearance.
Travel: Frequent.
Location: Main/RFK Building, Washington, DC.
Salary Information: The salary level is in the GS-13 to GS-15 ($89,033 – $155,500) range.
Submission Process and Deadline: Applicants are required to submit a cover letter (highlighting relevant experience) and resume or OF-612 (Optional Application for Federal Employment). Please reference announcement OTJ ATY-13-001 in your cover letter.
Applicants are encouraged to email applications to OTJ@usdoj.gov or fax them to (202) 514-9078 rather than mail them. No telephone calls please. This vacancy will be open until January 11, 2013 or until a selection has been made.
U.S. Department of Justice
Office of Tribal Justice(Attn: Application Coordinator)
950 Pennsylvania Ave., N.W., Room 2318)
Washington, D.C. 20530
Other legal position announcements may be found on the Internet at: http://www.usdoj.govand http://dojnet.doj.gov/oarm/attvacancies.php.
Department Policies: The U.S. Department of Justice is an Equal Opportunity/Reasonable Accommodation Employer. Except where otherwise provided by law, there will be no discrimination because of color, race, religion, national origin, political affiliation, marital status, disability (physical or mental), age, sex, gender identity, sexual orientation, genetic information, status as a parent, membership or non-membership in an employee organization, on the basis of personal favoritism, or any non merit factor. The Department of Justice welcomes and encourages applications from persons with physical and mental disabilities. The Department is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973, to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department of Justice. This agency provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application and hiring process, please notify the agency. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.
It is the policy of the Department to achieve a drug-free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment. Employment is also contingent upon the completion and satisfactory adjudication of a background investigation. Only U.S. citizens are eligible for employment with the Executive Office for Immigration Review and the United States Attorneys’ Offices. Unless otherwise indicated in a particular job advertisement, non-U.S. citizens may apply for employment with other organizations, but should be advised that appointments of non-U.S. citizens are extremely rare; such appointments would be possible only if necessary to accomplish the Department’s mission and would be subject to strict security requirements. Applicants who hold dual citizenship in the U.S. and another country will be considered on a case-by-case basis.
There is no formal rating system for applying veterans’ preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans’ preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans’ preference must include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions. Although the “point” system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veteran Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdf for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s). Applicants should note that SF 15 requires supporting documentation associated with service-connected disabilities or receipt of nonservice-connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of the Armed Forces showing that his or her retirement was due to a permanent service-connected disability or that he/she was transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).
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The Department of Justice cannot control further dissemination and/or posting of information contained in this vacancy announcement. Such posting and/or dissemination is not an endorsement by the Department of the organization or group disseminating and/or posting the information.
ILPC to Co-Host MSU Conference on “Thinking Intersectionality” with Kimberlé Crenshaw — April 6, 2013
Federal Court Dismisses without Prejudice Asian Carp Suit against US Army Corps
Here is the order:
An excerpt:
The defendants’ motion therefore presents the question of whether harms arising from actions or omissions that are required by a federal statute can constitute a public nuisance. Though mindful of, and alarmed by, the potentially devastating ecological, environmental, and economic consequences that may result from the establishment of an Asian carp population in the Great Lakes, the Court is nevertheless constrained to answer the question in the negative. In the absence of a constitutional violation (and none is here alleged), it is not the province of the courts to order parties to take action that would directly contravene statutory mandates and prohibitions, and the common law recognizes that actions required by law do not give rise to liability for nuisance. If the plaintiffs want to remove these congressional impediments to hydrologic separation and to replace them with effective barriers between the waterways, they must do so by means of the legislative process, not by alleging that the Corps’ acts and/or omissions, required by federal statutes, violate federal nuisance common law and therefore justify an override of those statutes by the courts. Plaintiffs’ complaint, therefore, is dismissed.
Minnesota COA Affirms Enforcement of Tribal Court Judgment in White Earth Fraud Case
Here is the unpublished opinion in United States ex rel. Auginaush v. Medure:
An excerpt:
The tribal court adopted the arbitration transcript as the official record of its proceeding. This transcript included testimony from Medure. In August 2009 the tribal court ruled that the 1992 contract was null and void. In November 2010 the tribal court issued an order and judgment in favor of the band awarding all amounts paid under the contract, amounting to more than $18.5 million with interest accruing at the daily rate of $1,669.12.
We posted about this case in 2009.
Southern Plains Court of Indian Offenses Asserts Jurisdiction over Gaming Contract Dispute
Here are the materials in Comanche Nation v. CDST Gaming-I Inc.:
Mary Kathryn Nagle on the Government’s Fidicuary Duties Pre- and Post-Dawes Act
Mary Kathryn Nagle has published “Nothing to Trust: The Unconstitutional Origins of the Post-Dawes Act Trust Doctrine” in the Tulsa Law Review (48 Tulsa L. Rev. 62 (2012)).
Here is the article:
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