ILPC/TICA Panel – Secret Life of Litigators

2019Panel5Promos

 

If you haven’t yet, register and join us in person or via webcast for the ILPC/TICA 16th Annual Indigenous Law Conference at the MSU College of Law

For information about the agenda, sponsorships, and registration visit the event page.

The Secret Life of Litigators panel is sponsored by Holland & Knight.

HKLogo_CMYK.jpg

Fort McDermitt Prevails over IHS on Clinic in Oregon

Here are the materials in Fort McDermitt Paiute & Shoshone Tribe v. Azar (formerly Price) (D.D.C.):

31 Tribe Second MSJ

33-1 US Second MSJ

35 Tribe Reply

37 US Reply

40 DCT Order

Prior post here.

Alex Skibine on Legislating Tribal Civil Jurisdiction Over Non-Members

Alexander Tallchief Skibine has posted a very interesting paper, “Incorporation Without Assimilation: Legislating Tribal Civil Jurisdiction Over Non-Members,” on SSRN. It is forthcoming in the UCLA Law Review Discourse.

The abstract:

For the last 40 years the Supreme Court has been engaged in a measured attack on the sovereignty of Indian tribes when it comes to tribal court jurisdiction over people who are not members of the tribe asserting that jurisdiction. The Congress has already enacted legislation partially restoring some tribal courts’ criminal jurisdiction over non-members. This Essay proposes to legislatively reconfirm the civil jurisdiction of tribal courts over such non-members. After examining the Supreme Court’s jurisprudence in this area and summarizing the Court’s main concerns with such tribal jurisdiction, this Essay explores various legislative options before settling on a preferred course of action. The proposal set forth in the last part of this Essay would reconfirm tribal court civil jurisdiction over non-members provided the tribal courts has established personal jurisdiction over the parties. However, tribal courts’ determinations on this subject would be appealable to federal courts. Furthermore, the Essay proposes to allow non-members being sued in tribal courts the option of removing their cases to federal courts under certain conditions.

Friday Job Announcements

Please read our recent post about the requirements for Turtle Talk Friday Job Announcements. Thank you!

Any posts for an open Indian law or leadership job received prior to 12pm EST on Friday will appear in that week’s announcement, when the following information is sent to indigenous@law.msu.edu:

  1. In the email body, a typed brief description of the position which includes position title, location (city, state), main duties, and closing date;
  2. An attached PDF job announcement.

Please send all job announcements in this requested format.

Mescalero Apache Tribe

Public Defender, Mescalero, NM. The Public Defender will represent defendants in criminal proceedings filed in the Mescalero Apache Tribal Court. The Public Defender will work to resolve matters in an ethical and professional manner. The Public Defender will oversee Office of the Public Defender staff. A full job description will be provided upon request. Position is open until filled.

Social Services Case Manager, Mescalero, NM. Serves as Case Manager for the Tribal Social Services Program. Provides client case management and referrals. Prepares case records, summaries, special and routine reports, and other records in maintaining a formalized case management system. Establishes and maintains protective services cases with individual case plans for the protection, care, and supervision of children/adults in all placement types. Implements financial assistance programs and objectives. Provides financial assistance eligibility, case management assisting consumers in becoming financial need and appropriate referrals. A full job description will be provided upon request. Position is open until filled.

Social Worker, Mescalero, NM. Under general direction of the Social Services Program Manager, provides a variety of child protective, elderly, and family services. Maintains confidentiality of all privileged information. A full job description will be provided upon requested. Position is open until filled.

Confederated Tribes of the Colville Reservation

(2) Senior Staff Attorney, J-8937, Nespelem WA.  Will provide complex legal services to handle significant legal matters for the Office of Reservation Attorneys. Renewable 3 yr. contract position with a full benefits package, Salary will be negotiated. This position is open till filled with weekly reviews.

Spokesperson Sr., J-8914, Public Defenders Office, Nespelem WA. Colville Tribal Court appointed counsel responsible for representing indigent people in Tribal Court. This position is open till filled with weekly reviews.

Deputy Prosecutor, J-8821, Nespelem, WA. Colville Tribal Court representing Criminal, MINOC, Range Impoundment, Natural Resources Enforcement and civil infraction hearings, Wellness court, and appellate cases before the Colville Tribal Court of Appeals. Renewable 3 yr. contract position with a full benefits package.  This position is open till filled with weekly reviews.

Managing Public Defender, J-8791, Nespelem, WA. Colville Tribal Court and Court of Appeals, representing Tribal Members in criminal matters.  Renewable 3 yr. contract position with a full benefits package.  This position is open till filled with weekly reviews.

Staff Attorney, J-8668, Nespelem, WA. Colville Confederated Tribes Legal Office providing legal services to Tribal Members.  Renewable 3 yr. contract position with a full benefits package.  This position is open till filled with weekly reviews.

Please visit and apply at colvilletribes.com or you can contact judy.zunie@colvilletribes.com.

Legal Services of South Central Michigan

Staff Attorney, Lansing MI. The staff attorney will provide a range of individual advocacy and impact work, including housing law, consumer, public benefits and family law. The position is open until filled. Please visit the link for more information.

ACLU of Arizona

Legal Director, Phoenix, AZ. Reporting to the Executive Director, the Legal Director will lead and expand the ACLU of Arizona’s legal program, including developing and litigating high-impact cases and managing the legal department. The Legal Director will be responsible for setting the overall legal strategy to advance the ACLU of Arizona’s mission, as well as handling the day-to-day management of legal staff, volunteers, and cooperating attorneys. As a critical member of the organization’s senior management team, the Legal Director will provide strategic leadership on both litigation and non-litigation legal advocacy in priority areas of criminal justice, immigrants’ rights, education, and LGBTQ equality, as well as other areas including First Amendment rights. In addition, the Legal Director works in close coordination with our policy, organizing, and communications teams, with the national ACLU staff, and other local and national partners to advance our advocacy goals. The job posting is available online.

National Indian Child Welfare Association

Member Relations Manager, Portland, OR. The member relations manager for the National Indian Child Welfare Association (NICWA) is responsible for the development and implementation of NICWA’s member acquisition, retention, and engagement program and services, to create a robust and active membership. For more information please see the job description.

Fort McDowell Yavapai Nation

Senior Assistant General Counsel, Fountain Hills, AZ. Provide legal advice to the Fort McDowell Yavapai Nation Tribal Council, tribal departments and economic enterprises. Represent the Fort McDowell Yavapai Nation in matters brought in Tribal, State and Federal court.  Please see the job announcement for more information.

Department of the Interior

Associate General Counsel, National Indian Gaming Commission, Washington, D.C. The Office of General Counsel within the National Indian Gaming Commission is looking for a supervisory attorney capable of exercising judgment while performing challenging legal assignments, with a broad knowledge of the field of Federal Indian law and regulations as they pertain to Indian gaming and in relation to the operations of the IGRA, and federal, state, and tribal laws and regulations.\

 

See posts from September 20, 2019.

 

 

 

 

 

 

 

 

 

Alabama-Coushatta Tribe Cert Petition in Gaming Matter

Here is the petition in Alabama-Coushatta Tribe of Texas v. Texas:

alabama-coushatta-tribe-of-texas-cert-petition.pdf

Questions presented:

Whether IGRA authorizes gaming on tribal lands previously governed by trust statutes that prohibited gaming, as the National Indian Gaming Commission, the Department of the Interior, and the First Circuit have concluded, or not, as the Fifth Circuit has held.

Lower court materials here.

UPDATE:

ncai-amicus-brief.pdf

ysleta-amicus-curiae-brief.pdf

texas-bio.pdf

ILPC/TICA Panel – Diversifying the Legal Profession

2019Panel4Promos

Register for the ILPC/TICA 16th Annual Indigenous Law Conference at the MSU College of Law

For information about the agenda, sponsorships, and registration visit the event page.

The Diversifying the Legal Profession panel will fulfill Elimination of Bias credits and is sponsored by Kogovsek & Associates.

Logo Kogovsek and Associates

National Indian Law Library Bulletin (9/25/2019)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 9/25/19.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Pit River Tribe v. Bureau of Land Management (Fiduciary Trust; Geothermal Steam Act)
Dakota Rural Action v. Noem (Keystone XL Pipeline)

U.S. Legislation – 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were recently proposed in the House and the Senate:
H.R.4449 – To amend the Communications Act of 1934 to add access to telecommunications and information services in Indian country
S.2534 – A bill to amend the Alaska Native Claims Settlement Act
S.2541 – A bill to amend the Indian Health Care Improvement Act

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html

  • ICWA and the unwed father.
  • Native American religious freedom as a collective right.
  • Judge Murphy’s Indian law legacy.
  • Not all Agua is Caliente: Proposing the Winters groundwater test.

 

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • ‘It has been a long time coming’: Minnesota MMIW Task Force to hold first meeting
  • Tribal Coastal Resiliency Act inches forward on Capitol Hill
  • United Methodist Church gives historic mission site and land back to Wyandotte Nation
  • Grant-funded Native American treatment court produces first graduates in Great Falls
  • Ponca Chief Standing Bear completes one last journey of triumph
  • New Mexico delegation announces funding for Native libraries

HCN: “The Klamath River now has the legal rights of a person”

Here.

Call for Proposals for Promotion of Anishinaabemowin

The Big Ten Less Commonly Taught Languages (LCTL) Partnership at Michigan State University (funded by the Andrew W. Mellon Foundation) is inviting proposals for activities and projects related to Anishinaabemowin. Over the next four years, the grant will work in partnership with Indigenous communities to help run activities and projects focused on the promotion of Anishinaabemowin in communities around Michigan and the Great Lakes. For more detailed information, click here.

  • Short proposals due Friday, October 4, 2019, by 10pm Eastern (details below)
  • The Wewaawiindamojig (Advisory Circle) of the LCTL Partnership will review the short proposals and invite some full proposals. These invitations will be sent by Friday, October 18th.
  • Full proposals from invited parties will be due Sunday, December 1st.

Questions?

The Project Manager will hold three open Q&A sessions on Zoom for interested parties who wish to discuss the grant or their project proposals.

  1. Thursday, September 26th from 1-3pm (Eastern)
  2. Monday, September 30th from 2-3pm (Eastern)

Briefs in Cayuga Nation Internal Conflicts

Here are the materials in Cayuga Nation v. Campbell (N.Y. A.D.):

Appellants Brief

Reply Brief

Respondent Brief

Amicus Brief