Research – Page 131 – Turtle Talk

This case will decide whether a sub-agency within the Department of Labor, without any mandate or expertise in addressing Indian policy, has overstepped its bounds in deciding that an Indian tribal government is not acting “governmental”. The Tribe contends that it was an abuse of discretion for DOL to rely on the ad hoc opinions of EBSA staff regarding what constitutes a “governmental” or “commercial” function without having engaged in formal rulemaking, by imposing requirements outside of published transition relief without notice and comment, and by failing to consult with tribal governments as required by DOL policy and Executive Order 13175.

Ninth Circuit Rejects Two Challenges to North Fork Rancheria Gaming

May 27, 2020May 27, 2020Matthew L.M. Fletcher

Here is the opinion in Club One Casino, Inc. v. Bernhardt.

Briefs here.

And here is the opinion in Stand Up for California! v. Dept. of the Interior.

Briefs here.

UNM Tribal Law Journal Call for Submissions

May 27, 2020May 27, 2020Monica Williamson

The Tribal Law Journal, published at the University of New Mexico School of Law, is now accepting submissions for Volume 21. Submissions will be accepted until October 18, 2020. For more information click here.

RFP Navajo Nation DOJ

May 27, 2020Monica Williamson

Navajo Nation Department of Justice

RFP – Public Safety. The selected contractor (attorney or law firm) will provide the following services to the Navajo Nation:

Under the direction of the Navajo Nation Attorney General or her designee, the Contractor, as an Independent Contractor, shall provide legal services for the Navajo Nation Department of Public Safety (NNDPS) in connection with the Navajo Nation Criminal Code, Title 17, P.L. 93-638 contracts, Federal Tort Claims Act, and applicable laws and policies. Specifically, the Contractor will assist the NNDPS with transactional services which includes, but not limited to review and drafting of agreements with other governmental entities, drafting and review of contracts, review of disclosure of records, tort claims, grants, extraditions, and writs related to the implementation and administration of P.L. 93-638 contracts, Navajo Nation Criminal Code, and other applicable laws and policies, and any ancillary issues related to the aforementioned.

Proposals due June 8, 2020. For more information please see the description.

See job announcements from May 23, 2020.