Research – Page 213 – Turtle Talk

Comanche Nation of Oklahoma v. Bernhardt Cert Petition [Chickasaw Gaming]

April 8, 2019April 8, 2019Matthew L.M. Fletcher

Here is the petition captioned Comanche Nation of Oklahoma v. Zinke [but presumably will switch to Comanche Nation of Oklahoma v. Bernhardt]:

Companche v Zinke Cert Petition

Question presented:

Whether the “former reservation” exception permitting lands acquired by the United States in trust for an Oklahoma Tribe after the effective date of the Indian Gaming Regulatory Act of 1988 to be devoted to gaming purposes, is applicable to lands not subject to Tribal jurisdiction prior to the acquisition.

Lower court materials here.

Materials in Pacheco v. Geisen [Kewa Pueblo; ICRA Habeas]

April 8, 2019April 8, 2019Matthew L.M. Fletcher

Here are the materials in Pacheco v. Geisen (D.N.M.):

1 Habeas Petition

15 Amended Petition

20 answer

22 Petitioner’s Response

25 Reply

28 Petitioner’s Surreply

30 Magistrate Order on 20

31 Order to Show Cause

34 Petitioner’s Response to 31

45 Order to Show Cause

47 Magistrate Report

48 DCT Order

Friday Job Announcements

April 5, 2019Monica Williamson

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:

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

Michigan State University College of Law

Assistant Director for Career Development, The Career Services Office (CSO), East Lansing, MI. CSO assists students with identifying professional opportunities, building relationships with alumni and employers, and developing application materials. Please see the job description for more information. The deadline for applications is Friday, April 19, 2019. Here is a link to the job posting: https://www.law.msu.edu/hr/job-postings.html

Odawi Law PLLC

Associate Attorney, Washington D.C. Provide legal services to American Indian nations and tribes on a wide range of matters focused on promotion and protection of tribal sovereignty and self-determination, including Business Development, Intergovernmental Relations, Lands, Natural Resources, Taxation issues, Litigation and Expert Witness Support, and Policy Analysis. For more information please see the job description. The application deadline is April 13, 2019, however, the position will remain open until filled.

Kickapoo Traditional Tribe of Texas

Executive Director, Gaming Commission, Eagle Pass, TX. Responsible for overseeing the day-to-day operations of the Gaming Commission, including implementation and enforcement of the rules and regulations promulgated by the Tribal Commission. Fill out an application at: kickapootexas.org.

Tunica-Biloxi

Housing Director, Marksville, LA. Manage the operations of the housing program by directing and coordinating activities consistent with the established goals, objectives and policies of the Indian Housing Plan (IHP), and any other funding sources. For more information please see the job description.

Attorney General, Marksville, LA. This position is responsible for protecting all Tribal assets, defending the integrity of the Tribe, assisting and advising all Tribal entities in their pursuit of progress on behalf of Tribal members, and managing and providing legal services and representation to the Tribe, its Tribal Council, its Tribal Government, and its Tribal Entities. For more information please see the job description.

Cowlitz Indian Tribe

Legal Extern, Ridgefield, WA. The Legal Extern will work in the Cowlitz Legal Department and will assist the Department with preparing and reviewing contracts, legal documents, codes and ordinances. The Legal Extern will perform legal research and writing to assist the Department in its role representing and advising the Cowlitz Indian Tribe. Applications will be reviewed on a rolling basis and the position will remain open until filled. See the job description for more information.

Pyramid Lake Paiute Tribe

Request for Proposal, Nixon, NV. This RFP is to contract for legal services to be provided for the period June 2019 to June 2020. Proposals must be submitted by 4:30 pm on April 26, 2019. See the request for more information.

Michigan Indian Legal Services (MILS)

Attorney, Traverse City, MI. The position will have an emphasis on will drafting, simple estate planning, and handling probate issues in communities in northern Michigan and in the upper peninsula. For more information please see the job description.

Martha L. King, P.C

Associate Attorney, Albuquerque, NM. We are a peer-rated professional services law firm providing business law services to tribal entities. Requirements: law degree from accredited law school, licensure or willing to become licensed in New Mexico or Arizona and the Navajo Nation; experience in business law, corporations, and employment law; strong writing and analytical skills; and driven by a sincere desire to make a lasting impact in and out of Indian country. Please submit: cover letter, résumé, law school transcript, list of three (3) references, and writing sample to martha@marthakinglaw.com.

Center for Indian Country Development

Project Manager/Senior Project Manager, Minneapolis, MN. The CICD of the Federal Reserve Bank of Minneapolis is building its capacity to harness diverse forms of facts and knowledge in service of Native communities across the country. The incumbent will support the CICD’s mission of supporting the prosperity of Native Nations through actionable research and community collaboration. See the job description for more information.

See posts from March 29, 2019.

2019 National Tribal Judicial and Court Personnel Conference

April 4, 2019Monica Williamson

2019 NAICJA Save the Date Conference Postcard_Page_1

The National American Indian Court Judges Association (NAICJA) invites presentation proposals for the 50th Annual National Tribal Judicial and Court Personnel Conference which will be held October 16-18, 2019, at Mystic Lake Casino Hotel in Prior, MN. Click here for the request for presentation proposals.

Hopi Tribe Effort to Stop Shutdown of Navajo Generating Station Fails

April 4, 2019April 4, 2019Matthew L.M. Fletcher

Here are the materials in Hopi Tribe v. Central Arizona Water Conservation District (D. Ariz.):

1 Complaint

22 Motion to Dismiss

23 Motion for Judicial Notice

36 Gila River Indian Tribe MTD

40 Hopi Response to 23

41 Hope Response to 22

46 Reply in Support of 22

46 Reply in Support of 23

47 Gila River Reply in Support of 36

49 DCT Order

National Indian Law Library Bulletin (4/3/2019)

April 4, 2019Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 4/3/19.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petitions for certiorari were filed in these cases:
Buchwald Capital Advisors LLC v. Sault Ste. Marie Tribe of Chippewa (Bankruptcy; Tribal Sovereign Immunity)
Oglala Sioux Tribe, et al. v. Fleming (Indian Child Welfare Act)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Chemehuevi Indian Tribe v. Newsom  (Indian Gaming Regulatory Act – Duration Provision)
United States v. Cooley  (Fourth Amendment; Indian Civil Rights Act)
Seminole Tribe of Florida v. Azar  (Indian Self-Determination and Education Assistance Act – Health Services)
LaBatte v. United States (Class Action Settlement Agreement)
Peggy Fontenot v. Mike Hunter  (Oklahoma’s American Indian Arts and Crafts Sales Act)
City of Council Bluffs, Iowa v. United States Department of Interior (Gaming – Tribal Service Area)
Gibbs v. Haynes Investments, LLC  (Lending Operations)
United States of America v. State of Washington  (Fishing Rights – Usual and Customary Areas)
Bay Mills Indian Community v. Snyder  (Jurisdiction, Land Title)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2019.html
John & Jean Letarte v. Mashantucket Pequot Gaming Enterprise (Personal Injuries; Negligence)
Wilding v. Mashantucket Pequot Gaming Enterprise (Employment Termination)

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

Alaska Native perspectives on the Alaska constitution.
Banishment of non-Natives by Alaska Native tribes: A response to alcoholism and drug addiction.
Traditional jurisprudence and protection of our society: A jurisgenerative tail.
Trust lands for the Native Hawaiian Nation: Lessons from federal Indian law precedents.
Indigenous peoples, the international trend toward legal personhood for nature, and the United States.
Foundations of Sand: Justice Thomas’s critique of the Indian Plenary Power Doctrine.
Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District: A tribe’s successful fight for federally reserved water rights.
Extending tribal criminal jurisdiction outside of Indian Country: Kelsey v. Pope.
“Dramatically altered the legal landscape?” City of Sherrill v. Oneida Indian Nation in the lower courts.
A watershed moment in the education of American Indians: A judicial strategy to mandate the state of New Mexico to meet the unique cultural and linguistic needs of American Indians in New Mexico public schools.
Democratizing treaty fishing rights: Denying fossil-fuel exports in the Pacific Northwest.
Roe on the Rez: The case for expanding abortion access on tribal land.
Tribal lending under CFPB enforcement: Tribal sovereign immunity and the “true lender” distinction.
Na Mo’o O Ko’olau: The water guardians of Ko’olau weaving and welding collective memory in the war for East Maui water.
The wild west re-lived: Oil pipelines threaten Native American tribal lands.
A presidential power of monumental proportions: Does the Antiquities Act permit the review and revision of national monuments or can the president steal your land?

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Health and Welfare section, we feature articles about a new book and current legal action relating to adoption and the Indian Child Welfare Act.

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

H.R.1937: To amend the Native American Business Development, Trade Promotion, and Tourism Act of 2000, the Buy Indian Act, and the Native American Programs Act of 1974 to provide industry and economic development opportunities to Indian communities.
H.R.2017: To amend the Internal Revenue Code of 1986 to make permanent the Indian employment credit.
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.Res.278: Expressing the sense of the House of Representatives to recognize the crisis of violence against Native women.
H.R.1964: To provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
A notice of the Bureau of Indian Affairs, under the HEARTH Act, announces approval of a tribal ordinance authorizing the Fond du Lac Band to enter into leases for agricultural, residential, business, wind and solar, wind energy evaluation, and other authorized purposes without further BIA approval.

New Article on the Fight to Defend ICWA in The Washington Post Magazine

April 3, 2019Neoshia Roemer

Although ICWA’s opponents argue that the law is harmful to Native children, not following ICWA harms both Native children and tribal communities. When state courts follow ICWA from the outset of a child welfare case, the outcomes of the case are vastly improved. Most of the ICWA cases that reach appellate courts involve cases where state agencies and courts failed to apply ICWA at the outset of the case. Simply stated, ICWA works when state agencies and courts properly apply the law.

For more, please read the article here.

Native American Pipeline to Law Workshop at UC Berkeley: Still Accepting Applications

April 3, 2019April 3, 2019Monica Williamson

Pipeline

This is a great opportunity for students to learn about law school, admissions criteria, LSAT prep, and more. Registration is free, food and lodging is provided, and a limited number of LSAT Prep courses will be available for participating students. It does not matter which school the student wishes to attend: these sessions are geared to help all students.

Date: June 26-30, 2019
Location: UC Berkeley School of Law
Boalt Hall, 225 Bancroft Way, Berkeley, CA 94720 (map)
For more information, visit: law.asu.edu/pipelinetolaw
Deadline: May 1, 2019
Questions? Contact Kate Rosier at 480-965-6204

Current law students who completed one of the Pipeline to Law Workshops highly encourage others to register and participate. Read their stories.

Oglala Sioux Tribe v. Fleming Cert Petition

April 3, 2019Matthew L.M. Fletcher

Here:

cert petition

Questions presented:

1. Whether the Eighth Circuit erred in holding, in conflict with decisions of this Court and three other courts of appeals, that the possibility of filing a separate mandamus action was in and of itself “sufficient” to provide an “adequate opportunity” requiring Younger abstention, where plaintiffs had no opportunity to challenge the constitutionality of the preliminary hearing procedure in the course of the state’s abuse and neglect proceedings?
2. Whether the court of appeals erred in holding, in conflict with three courts of appeals, that the “extraordinary circumstances” exception to Younger abstention applies only to flagrantly and patently unconstitutional statutes, but not to flagrantly and patently unconstitutional policies, and in concluding that separating children from their parents for sixty days with no notice or opportunity to be heard inflicted no irreparable harm?

Lower court materials here.