Here is the opinion in State v. Thompson.
The court’s syllabus:
If a tribal police officer suspects a person who is not an Indian of violating a Minnesota criminal statute on an Indian reservation, and if the victim is not an Indian or there is no victim, the tribal police officer lawfully may detain the person and deliver him or her to state law-enforcement authorities for further investigation and prosecution.
Maggie Blackhawk has published “Federal Indian Law as Paradigm Within Public Law” in the Harvard Law Review (PDF).
Here is an excerpt from the abstract:
U.S. public law has long taken slavery and Jim Crow segregation as a paradigm case through which to understand our constitutional law: cases adjudicating issues of slavery and segregation form the keystones of our constitutional canon. Reconstruction, or the so-called “Second Founding,” and the Civil Rights Era periodize our constitutional histories. Slavery and Jim Crow segregation supply normative lessons about the strengths and failings of our constitutional framework. This paradigm teaches that if there is too much power in the states and not enough limitation on state power in the form of national power or rights, America might again reenact similar atrocities. Although there is much to learn from the United States’ tragic history with slavery and Jim Crow segregation, resting our public law on this binary paradigm has led to incomplete models and theories. This Nation’s tragic history of colonialism and violent dispossession of Native lands, resources, culture, and even children offers different, yet equally important, lessons about our constitutional framework.
In this Article, I argue for a more inclusive paradigm that reaches beyond the black/white binary, and I highlight the centrality of federal Indian law and this Nation’s tragic history with colonialism to public law. Currently, to the extent that federal Indian law is discussed at all within public law, it is generally considered sui generis and consigned to a “tiny backwater.” While I concede that the colonial status of Native peoples and the recognition of inherent tribal sovereignty do render aspects of federal Indian law exceptional, federal Indian law and Native history have much to teach about reimagining the constitutional history of the United States. Interactions between the national government and Native Nations have shaped the warp and woof of our constitutional law from the Founding across a range of substantive areas, including vertical and horizontal separation of powers, the Treaty Clause, war powers, executive powers in times of exigency, and many others. I aim to open a conversation as to whether these doctrines ought to take their rightful place in the canon or, perhaps, the anticanon.
Job vacancies are posted on Fridays. Any posts received prior to 12pm EST on Friday will appear in that Friday’s announcements. If you would like to submit a post for an open Indian law or leadership job, please send the following to indigenous@law.msu.edu:
Congressional Research Service (CRS)
Specialist in Natural Resources, Washington D.C. Focused on Native American/Native Alaskan issues, the specialist will cover policy issues related to natural resources, energy and mineral issues, and the current status of lands in a Native American or Native Alaskan context. Application closes June 7, 2019. Full details are in the announcement in USAJOBS.
University of California, Los Angeles
Director, Tribal Legal Development Clinic. UCLA School of Law is seeking a visionary and highly motivated individual with significant Indian country legal practice experience to serve as the first San Manuel Band of Mission Indians director of the Clinic. Application closes Friday, Jun 28, 2019 at 11:59pm (Pacific Time). Please visit the link for more information. If you have questions, contact goldberg@law.ucla.edu or riley@law.ucla.edu.
Navajo Nation Department of Justice
Summer Law Clerk, Navajo Nation, AZ. Seeking energetic and motivated candidates for multiple funded summer law clerk positions in the following areas of practice: Natural Resources, Tax and Finance, Litigation, Employment, and more. For more information please see the position description. Complete application packets must be received no later than 5 p.m. Mountain Time on May 31, 2019.
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.
Mescalero Apache Tribe
Temporary Chief Prosecutor, Mescalero, NM. Upholds the Tribe’s Constitution and Code to protect the safety and wellbeing of tribal members and public and personal property and resources. Represents the Tribe in criminal complaints and prosecutes individuals accused of violating Tribal laws. Supervises other staff. Please see the job description; a full job description is availability upon request. This position is open until filled.
Mille Lacs Band of Ojibwe
Law Clerk PT, Onamia, MN. Seeking 2nd or 3rd year law students who may be interested in working in the field of federal Indian Law and tribal law. The Law Clerk is responsible for assisting the Tribal Court judiciary with legal research, drafting of court decisions and special court development projects. For more information please see the description. Application closes May 16, 2019.
University of Arizona
Administrative Associate, Tucson, AZ. Work closely with faculty and staff from the Indigenous Peoples Law and Policy (IPLP) Program and Native Nations Institute (NNI) to assist with meeting preparation and logistics, processing reimbursement requests, travel expenses, and other program related expenses, producing financial reports, and the preparation of reports and grant applications. This is an Extended Temporary Employment (ETE) position currently funded through June 30, 2020. Visit the link for more information.
Marketing Specialist, Tuscon, AZ. Work with faculty and staff from the Indigenous Peoples Law and Policy (IPLP) Program and the Native Nations Institute (NNI) to plan, develop, and launch an integrated marketing campaign for the January in Tucson (JIT) program and new academic programs. Plan, develop and implement community outreach, communication, marketing, and fundraising campaigns for the JIT program. This is an Extended Temporary Employment (ETE) position currently funded through June 30, 2020. Visit the link for more information.
Earthjustice
Staff Attorney, Anchorage or Juneau, AK. Litigate cases from beginning to end, performing all aspects of litigation. Develop litigation and legal advocacy strategies to support program goals. Collaborate and manage relationships with co-counsel, clients, and coalition partners. Cultivate new and diverse clients, allies, and coalition partners in support of program goals. Application is open until filled. For more information please see the job description and visit here to apply.
Jill Grant & Associates, LLC,
Associate Attorney, Washington, D.C. Seeking an associate attorney with at least two years of experience. Experience and/or demonstrated interest in environmental law is required. Jill Grant & Associates provides environmental counsel and representation to Indian tribes, tribal entities, and other environmental organizations, and represents tribes on jurisdictional and administrative law issues. We are an equal opportunity employer. Native Americans are encouraged to apply. To apply, please submit: (1) a cover letter describing your interest in and qualifications for the position, (2) a resume, (3) a legal writing sample, (4) a list of references, and (5) a law school transcript by email to associateposition@jillgrantlaw.com.
The Nez Perce Tribe
Deputy Prosecutor, Lapwai, ID. Must possess a JD and be licensed in good standing by a state bar or have a limited license with expectation of receiving a JD and bar license within 6 months. The full job description, application requirements, pay scale, and the application form are available here. Position closes on May 20.
Hogen Adams PLLC
Legal Assistant, Saint Paul, MN. The legal assistant will have a broad range of responsibilities, including assisting in the day-to-day operations of the law office and providing support to the legal team. Please see the description for more information and to apply. Application closes May 31, 2019.
The Prairie Band Potawatomi Nation
Tribal Prosecutor, Mayetta, KS. Responsible for and has the discretion to prosecute violations of the Tribe’s criminal and civil code and ordinances in Tribal Court. The Prosecutor is also responsible for handling the following types of cases: care and treatment, evictions, and other cases as may be required. Application closes June 3, 2019. For more information please see the job description. Apply here.
See posts from May 3, 2019.
Yesterday’s celebration honored the graduates of the MSU Native American Law Student Association and the Indigenous Law and Policy Center. Today, they walked across stage to receive their diplomas. We look forward to hearing of the many contributions to Indian Country that these passionate, dedicated lawyers will make. Here’s to happy endings and exciting beginnings!
See the RFP for presenting at the 2019 NAICJA Conference. This document holds all the details you need to submit a proposal. If you still have questions after reviewing this attachment, please feel free to contact the conference coordinator at confcoor@gmail.com.
As the Inter-American Commission on Human Rights (IACHR) gathered for public hearings this week, two representatives from the University of Arizona James E. Rogers College of Law’s Indigenous Peoples Law and Policy (IPLP) program will were on hand to provide testimony.
Seanna Howard, director of the International Human Rights Advocacy Workshop and a professor of practice; and Michelle Cook, Doctor of Juridical Science candidate, testified before the IACHR in a hearing on May 9 in Kingston, Jamaica about the criminalization of indigenous resistance to extractive industries in the United States.
View a webcast and hearing details on the Inter-American Commission on Human Rights website.
Here is the order in Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C.):
From Monique Vondall:
I was at the historic consultation — a first — with the DOJ regarding domestic violence funding for Indian Country. Of the $169 million in grants available only 59 tribes applied and the cap of $500,000 only allowed $29 million to be distributed. The DOJ listening session was met with many requests to continue the set-aside funding for Indian Country.
The Southwest region in Alaska reports the highest percentage of women who experience domestic violence in America. The 2019 Section 903 Reauthorization of VAWA found that Alaska Native women experience domestic violence at a rate of 250% more than any other women in America.
Turtle Talk 
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