Abigail Echo-Hawk on Decolonizing Data

Here

When we think about data, and how it’s been gathered, is that, from marginalized communities, it was never gathered to help or serve us. It was primarily done to show the deficits in our communities, to show where there are gaps. And it’s always done from a deficit-based framework. They talk about how our communities have the highest rates of obesity, have the highest rates of diabetes, highest rates of infant mortality. How our people may be experiencing high rates of opiate misuse.

What they don’t talk about is the strengths of our community. What we know, particularly for indigenous people, is that there was a genocide and assimilation policies and termination policies that were perpetuated against us. If they had worked, we wouldn’t be here. And so we were always strength-based people, who passed on and continued knowledge systems regardless of people who tried to destroy us.

SCOTUS Denies Cert in Allergan/St. Regis Mohawk v. Teva Pharma

Here is the order list.

Here is the petition page.

Friday Job Announcements

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.

Navajo Nation

Staff Attorney, Chinle Judicial District, Chinle AZ. This position provides complex legal advice and guidance, conducts legal research, and drafts legal documents in support of judges and other court staff. For more information, please see the position description or to apply, visit http://www.navajocourts.org/vacancies. This position is open until filled.

Associate Attorney, Supreme Court of the Navajo Nation, Window Rock, AZ. This position provides a variety of legal advice, research and related legal services in support of the overall operation of the Navajo Nation Judicial Branch; assists with judicial administrative functions, such as researching and recommending policy changes and improvements for overall Judicial Branch. For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.

Court Solicitor, Supreme Court of the Navajo Nation, Window Rock, AZ.  This position provides a variety of legal advice, counseling, research and related legal services in support of the overall operation of the Navajo Nation Judicial Branch; assists with judicial administrative functions, such as recommending policy changes and improvements for overall Judicial Branch; shall supervise and oversee all licensed attorneys, law clerk, hearing officers, supreme court clerk, and law clerk interns of the Judicial Branch.  For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.

District Court Judge, Judicial District Court, Navajo Nation Wide. The District Court Judge is responsible in presiding over civil, criminal and family court cases; provides policy direction and guidance in the operation of the Judicial District.  For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.

Associate Justice, Supreme Court of the Navajo Nation, Window Rock, AZ. This position shall perform work of unusual difficulty, hear arguments, read briefs and conduct research necessary to pass judgment and issue rulings on cases brought before the Navajo Nation Supreme Court.  For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.

Intertribal Court of Southern California

Tribal Youth Court Coordinator, Valley Center, CA. The Tribal Youth Court Coordinator will develop and implement programs tailored to meet the needs of youth offenders and manage their individual cases for compliance with case plans. The closing date for this position is June 30, 2019. For more information please see the job description.

Picayune Rancheria of Chukchansi Indians

Attorney, Oakhurst, CA. The tribal attorney serves as an in-house legal advisor, representative, and counselor. Ensures the adherence to applicable laws to protect and enhance tribal sovereignty, to avoid or prevent expensive legal disputes and litigation, and to protect the legal interests of the tribal government. This position is open until filled. For more information please see the job description.

DAKOTA PLAINS LEGAL SERVICES 

Staff Attorney, Sisseton, SD.  The Sisseton office serves the Lake Traverse, Flandreau and Yankton Indian Reservations in South Dakota and Grant, Roberts and Charles Mix counties in South Dakota, as well as Native Americans in the eastern half of South Dakota. The position is open until filled. Please see the job description for more information.

Earthjustice

Associate Attorney, San Francisco, CA. Conduct legal and factual research and prepare memoranda on issues relating to ongoing and potential litigation projects; Review and analyze a paper record and interview fact witnesses and scientific experts; Draft motions, briefs, and other pleadings; and more. For more information please see the job description. This application is a rolling deadline. Click here to apply.

See posts from May 24, 2019.

If you have submitted a job posting that was not included in this announcement, please send the posting to indigenous@law.msu.edu in the format requested above. We ask this in response to the dozens of job announcements that are sent to Turtle Talk each week. Thanks!

 

 

 

 

 

 

 

 

In Re: The Protest of Huber to Disqualify Walkingstick as Candidate for Principal Chief (Cherokee Nation Supreme Court, May 29, 2019)

Here:

SC-19-07 25-Order 5-29-19

Scotts Valley Band of Pomo Indians v. Dept. of Interior Complaint

Filed in the District Court for D.C.:

1 Complaint

Sault Tribe Moves for Summary Judgment in Its Off-Rez Fee to Trust Claim

Here are the pleadings in Sault Ste. Marie Tribe of Chippewa Indians v. Bernhardt (D.D.C.):

43 Sault Tribe MSJ

45 Detroit Casinos MSJ

48 NHBP MSJ50 SCIT MSJ

54 Interior MSJ

56 Sault Tribe Reply

60 Detroit Casinos Reply

61 SCIT Reply

62 Interior Reply

63 NHBP Reply

Case tag here.

Frank Pommersheim Symposium — Matthew Fletcher

I met Frank Pommersheim in Rapid City, South Dakota in 2004, a few months before I was to begin teaching law students at North Dakota.

We were presenting at a pipeline program for Native high school and college students, trying to show them that they could go to law school, too. Frank was to conduct a mock law school class, teaching Johnson v. McIntosh and showing them the Socratic method.

Know that I never took Federal Indian Law in law school. And so I had never even seen an Indian law class before.

I learned that a Frank Pommersheim class is an incredible performance. His deep voice seemed to both calm the students and command their attention. I was mesmerized. I had read Johnson v. McIntosh for my law school property class and wrote a short article about that experience, but listening to Frank work, I realized I knew absolutely nothing about that case. Frank had total command of the material. He deftly used the Socratic method — on kids, no less — and guided them through one of the most difficult cases in the canon just by calmly asking questions. By the end, these teenagers knew the foundations of American property law. And how those foundations rested on the tired and broken backs of Indian people. They looked inspired, inspired to climb the hill and use the law to take it all back.

I know I did.

I also knew I had no business teaching a law school class. I knew nothing about Johnson v. McIntosh. I knew nothing about how to teach. Before I got to Grand Forks, I had a lot of work to so. My first Indian law class was taught by Frank Pommersheim, and I am still trying to become a teacher as good as he was that day.

***

But I knew Frank Pommersheim before that. I had been a lawyer for seven years before I left practice to become a law teacher. I read Indian law articles voraciously while in practice. Because I had not taken Indian law in law school, I had a lot of catching up to do.

Frank Pommersheim was my Indian law professor.

Everywhere I turned for guidance on an Indian law topic, Frank’s work was there. Trying to show to state lawyers why a tribe might not want to go to state court on a water law issue? Frank collected cases showing state courts were inhospitable to tribal claims. Trying to explain the tribal court exhaustion doctrine to business partners of the tribal enterprise? Frank wrote the book on the tribal court exhaustion doctrine. Trying to learn about tribal customary and traditional understandings of due process? Frank wrote tribal court opinions using Lakota custom and tradition to interpret the due process clause of the Indian Civil Rights Act.

***

When I began my law teaching career, I needed to find an identity for my scholarship. Was I going to focus on tribal economic development, Indian gaming, taxation, and the like? Was I going to focus on tribal environmental and natural resources law? Was I going to write about cultural property? No. I liked thinking about tribal courts and I liked thinking about the Supreme Court.

I decided to become like Frank Pommersheim.

I believe I picked the best role model. His scholarship on tribal courts and the Supreme Court is the best there ever was on those subjects. It was direct and to the point. And it was correct. Frank sees through the technocratic writing of the Supreme Court on the first reading. He gets there before anyone else does and sits patiently waiting for everyone to catch up. Frank made it seem easy when it was anything but.

***

A few years back, Frank created a website to house all of the tribal court opinions he had written. I knew about a bunch of them. The Crazy Horse malt liquor case. The Saginaw Chippewa disenrollment case. The Long Family Land and Cattle Company case. Dollar General. But the sheer number of opinions blew me away. An entire academic career could be built on reading exclusively from this corpus of tribal law. His impact on the development of tribal law is far beyond anyone two or three other professors. His name appears in nearly every single chapter of my tribal law casebook (I just checked to see), and usually a half dozen times a chapter or more.

I wanted to be a tribal judge so I could be more like Frank Pommersheim.

***

A while back, I received a poem of Frank’s in the mail titled Buddha Sends a Hunter-Gatherer Poem to Prof. Pomm’s Indian Law Class. I have a binder full of poetry and art Frank has produced. There is a space on my bookshelf next to my green ceramic Buddha with Frank’s books of poems.

The man is amazing. ‘Nuff said.

Buddha

2018 Annual ICWA Case Law Update

Here you go!

USDA General Counsel Opinion on New Hemp Rules

Here:

hempexecsumandlegalopinion.pdf

Chris Chaney on Tribal Data Sovereignty (Part II)

Christoper B. Chaney has published “The Expansion of Tribal Data Sovereignty” in TribalNet Magazine.

Prior article here.