Third Circuit Briefs in United States v. Neff [third-party use of tribal immunity defense; “rent-a-tribe”]

Here are the materials in United States v. Neff:

Hallinan Appellant Brief

Neff Appellant Brief

US Answer Brief

Neff Reply

Hallinan Reply

Detailed Complaint to OIG re: David Bernhardt

Here:

CLC Complaint re Bernhardt

SCOTUS Denies Cert in St. Regis Mohawk v. Mylan

Here is today’s order list.

Cert stage materials in that case are here.

Fletcher Testimony on the RESPECT Act before the House Indigenous Peoples Subcommittee

Worth a look, most especially for Dylan Minor’s excellent artistic rendering of the treaty cessions by Michigan Indian nations (skip ahead to page 15); available on SSRN here.

It was cherry blossom time, too!

And on the way over, we happened by the Japanese Internment Memorial, noting that the federal government placed many of the concentration camps on Indian reservations: Continue reading

Federal Circuit Decides Cloud v. US [Pro Se Indian Tucker Act Claim]

Here is the unpublished opinion in Cloud v. United States.

Briefs:

cloud-brief.pdf

federal-brief.pdf

Allergan & St. Regis Mohawk Cert Petition on “Blocking Patent” Doctrine

Here is the petition in Allergan Inc. v. Teva Pharmaceuticals USA Inc.:

Allergan & SRMT Cert Petition

Questions presented:

Whether the Federal Circuit erred in this case, as it did in Acorda Therapeutics, Inc. v. Roxanne Laboratories, Inc., 903 F.3d 1310 (Fed. Cir. 2018), in holding that objective indicia of non-obviousness may be partially or entirely discounted where the development of the invention was allegedly “blocked” by the existence of a prior patent, and, if so, further erred by making an implicit finding that an invention was “blocked,” without requiring evidence of or making a finding of actual blocking, and in the face of evidence to the contrary.

 

Agency Cert Opposition Brief in Casino Pauma v. NLRB

Here:

nlrb-bio-3.pdf

Cert petition here.

Friday Job Announcements

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:

  1. A typed brief description of the position which includes position title, location, main duties, and closing date;
  2. An attached PDF job announcement.

 

Havasupai Tribe

General Counsel, Supai, AZ and Flagstaff, AZ. The GC is responsible for all legal matters for the Tribal Government and the supervision of outside special counsels.  The Havasupai Reservation is one of the most remote in the US and one of the most beautiful.  The ability to travel to Supai is required.  This posting will remain open until May 15, 2019. For more information please see the job description.

The California Department of Social Services (CDSS) Legal Division

Attorney III, Sacramento County, CA. Responsible for overseeing or administering various social services programs such as foster care, adoptions, and child welfare services. The Attorney III will also provide litigation support to the CFSD and the Office of the Attorney General in the area of Children’s programs. Application closes April 24, 2019. For more information, please visit the link.

Walker River Paiute Tribe

RFP, Schurz, NV. Soliciting proposals from qualified firms/individuals for the drafting of amendments to the Walk River Paiute Tribe Law and Order Code, Rules of Court, create court forms, and create a court clerk manual and judge’s bench book, to strengthen and enhance the Walker River Paiute Tribe’s Judicial System. Proposals may be mauled or hand delivered. For more information please see the RFP. 

University of Arkansas School of Law Indigenous Food & Agriculture Initiative

Graduate Fellowship, Fayetteville, AR. Assist tribes with the development of food codes and provide nationwide trainings on issues of importance to the agricultural sector in Indian Country. This position provides a full tuition waiver plus a small stipend, set up through the University of Arkansas Graduate School Assistantship Program. This position is available to students who study in Fayetteville. Email Susan A. Schneider, Director, LL.M. Program in Agricultural & Food Law, with questions at sas.susan@gmail.com.

Navajo Nation

Deputy Chief Prosecutor, Department of Justice, Office of the Prosecutor, Window Rock, AZ.  Experienced attorneys are encouraged to apply.  Please see the job announcement and the Navajo Nation Department of Personnel Management website http://www.dpm.navajo-nsn.gov/jobs.html for more information.  Please contact Mrs. Jennifer Henry, Acting Deputy Chief Prosecutor for further information at jahenry@navajo-nsn.gov.  This position has a closing date of 4/30/2019.

Attorney, Department of Justice, Office of the Prosecutor, Kayenta, AZ.  New law school applicants as well as experienced attorneys are encouraged to apply.  Please see the job announcement and the Navajo Nation Department of Personnel Management website http://www.dpm.navajo-nsn.gov/jobs.html for more information.  Please contact Mrs. Jennifer Henry, Acting Deputy Chief Prosecutor for further information at jahenry@navajo-nsn.gov.  This position has a closing date of 5/30/2019.

Sonosky, Chambers, Sachse, Endreson, & Perry LLP 

Associate Attorney(s), Diego, CA and Anchorage, AK. Represent Native American interests in a wide range of endeavors – including trial and appellate litigation, federal Indian law, tribal law, Indian self-determination and self-governance matters, transportation and infrastructure, natural resources, and economic development, among others. Visit our website at http://www.sonosky.com/careers-attys.html to apply. More detail about the firm is available at www.sonosky.com or see the job posting for more information. 

Coyote Valley Band of Pomo Indians 

In-House Counsel, Redwood Valley, CA. This position is responsible for overseeing or advising the following departments for the Tribe and its businesses: police department, gaming commission, security, surveillance and to provide legal guidance to Tribal Government and Administration as needed. This position is open until filled. For more information please see the job description. 

Earthjustice 

Associate Attorney, Bozeman, MT. Associate attorneys at Earthjustice perform a range of litigation‐related tasks that can include: conducting legal research and preparing memoranda on issues relating to ongoing or potential litigation projects; Drafting motions, briefs and other pleadings; and more. For more information please see the job description. 

Godfrey & Kahn, S.C. 

Associate. Candidates must possess strong academic credentials, an interest in environmental and energy solutions, including sustainability matters, excellent judgment and project management commensurate with years of experience. For more information see the job description and please click here to apply.

 

See posts from April 5, 2019. 

State Bar of Arizona Character and Fitness Scholarship

The Indian Law Section of the State Bar of Arizona is pleased to announce its Character and Fitness Scholarship.  The scholarship is intended for individuals who are applying for admission to the AZ Bar, and has been created to assist with Character and Fitness Application fees. Please find the application, which includes all the relevant details.  The deadline to apply is June 1, 2019.

National Indian Law Library Bulletin (4/11/2019)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 4/11/19.

U.S. Supreme Court Bulletin 
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petitions for certiorari were filed recently in these cases: 
Havasupai Tribe v. Provencio, et al. (Federal Consultation with Tribes) 
Comanche Nation of Oklahoma v. Zinke (Land into Trust; Jurisdiction) 

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Employers Mutual Casualty Company v. Ethel B Branch  (Jurisdiction)
Pueblo of Isleta v. Michelle Lujan Grisham  (Gaming – Revenue Sharing)
Brisbois v. Tulalip Tribal Court  (Indian Civil Rights Act; Writ of Habeas Corpus)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2019.html
Louis-Williams v. Colville Confederated Tribes  (Tribal Government – Expulsion)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
In Matter of Dupree M
. (Indian Child Welfare Act – Transfer to Tribal Court)

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

  • Ensuring Natives count: Overcoming the 2020 census challenge. 
  • Environmental Justice in Indian Country. 
  • First steps: One tribe’s domestic violence criminal jurisdiction experience. 
  • ICWA in a world with assisted reproductive technology. 
  • Leaving the office ethically. 
  • The year of the Native voter. 
  • Tribal utility development energy development and services on tribal land. 
  • In memory of Rodney Blaine Lewis.
  • Stolen or lawful? A case review of an Indian tribe’s claim to aboriginal land in California. 
  • Strange bedfellows: Native American tribes, big pharma, and the legitimacy of their alliance.
  • Rethinking administrative advocacy: A step-by-step approach from former government insiders. 
  • Tribes and cannabis: Reaching new highs in the burgeoning cannabis marketplace. 
  • The Violence Against Women Act of 2018: A step in the right direction for Indian children and Federal Indian law. 
  • Pipeline to tribal sovereignty: Celebrating the Pre-Law Summer Institute’s 50th class. 
  • Decolonizing shipwrecks through considerations of indigeneity in underwater cultural property decisions.
  • The Trump administration and lessons not learned from prior national monument modifications. 
  • Original Nation Approaches to “International Law” (ONAIL): Decoupling of the nation and the state and the search for new legal orders. 
  • IP rights and Indigenous rights: between commercialization and humanization of traditional knowledge. 
  • Beyond transnational advocacy: Lessons from engagement of Myanmar Indigenous peoples with the UN Human Rights Council Universal Periodic Review.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature articles about consideration from Congress on tribal water rights issues. 

U.S. Legislation Bulletin 
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were added: 

  • S.982: A bill to increase intergovernmental coordination to identify and combat violent crime within Indian lands of Indians. 
  • S.1079: A bill to provide for the withdrawal and protection of certain Federal land in the State of New Mexico. 
  • H.R.2031: To amend the Indian Self-Determination and Education Assistance Act to provide further self-governance by Indian Tribes, and for other purposes. 
  • S.954: A bill to provide grants to State, local, territorial, and Tribal law enforcement agencies to purchase chemical screening devices and train personnel to use chemical screening devices in order to enhance law enforcement efficiency and protect law enforcement officers. 
  • H.R.2128: To amend part A of title IV of the Social Security Act to clarify the authority of tribal governments in regard to the Temporary Assistance for Needy Families program.
  • H.R.2156: To amend the Surface Mining Control and Reclamation Act of 1977 to provide funds to States and Indian tribes for the purpose of promoting economic revitalization, diversification, and development in economically distressed communities through the reclamation and restoration of land and water resources adversely affected by coal mining carried out before August 3, 1977, and for other purposes. 
  • S.Res.144: A resolution designating May 5, 2019, as the “National Day of Awareness for Missing and Murdered Native American Women and Girls”. 
  • S.1001: A bill to amend the Indian Health Care Improvement Act to allow the Indian Health Service to cover the cost of a copayment of and Indian or Alaska Native veteran receiving medical care or services from the Department of Veterans Affairs, and for other purposes.
  • H.R.2029: To direct the Comptroller General of the United States to submit a report on the response of law enforcement agencies to reports of missing or murdered Indians. 

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
We feature regulations of the Department of Commerce, National Oceanic and Atmospheric Administration, on taking of marine mammals.