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Will the state of Oklahoma revert back to the Indians?
Will tribes veto non-Indian land use decisions?
Will thousands of state prisoners go free?
Will non-Indians have to give back their lands to Indians?
In the last few years, in cases out of Oklahoma, Wyoming, Michigan, Washington, and elsewhere, advocates for states and non-Indian property owners have invoked fear, usually in the form of the logical fallacy known as the parade of horribles (or the slippery slope) to fight tribal rights litigation. Recently, Lisa Blatt dedicated substantial time in the Carpenter v. Murphy argument — weirdly, to the general acclaim of Supreme Court advocacy observers — to a parade of horribles argument, claiming a tribal rights win would allow thousands of prisoners to go free or get new trials, and implying that the City of Tulsa would suddenly come under tribal control.
What’s amazing is that these arguments to emotion almost always win, even in court before dispassionate judges. Neibhur and Chomsky theorized that myth-makers rely on emotionally potent oversimplifications to keep the rabble in line. Tribes might have the law on their side, and the facts, but never the myths.
Recently, I fielded a media call on the Murphy case. The first question from the journalist wasn’t really a question, but a reminder that their readers just wanted reassurance that they wouldn’t lose their land if the tribe’s reservation boundaries were recognized. I laughed. Of course not. But apparently that’s no so obvious.
I wasn’t at the Murphy argument, but Riyaz Kanji’s calm answers on behalf of the Muscogee (Creek) Nation to the parade of horribles was a far more effective argument. There are always answers to the fear.
No, the State of Oklahoma will not revert to the tribes.
No, tribes cannot veto non-Indian land use decisions on non-Indian land.
No, thousands of state prisoners will not go free.
No, non-Indians will not have to give back their lands to Indians.
The real answer is that tribal governments ultimately will prevail or not based on whether or not they are simply better at governing. And in places, they already are. More and more will be effective in the years to come. Quote me on that.
Here is the order in United States v. 2015 Dodge Ram 350 Truck (D. Neb.):
Prior post here.
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 a brief description of the position (which includes position title and location) as well as a PDF job announcement to indigenous@law.msu.edu.
DNA-People’s Legal Services
Multiple positions. DNA-People’s Legal Services (DNA) is a fast-paced non-profit law office committed to providing high quality general civil legal services to persons living in poverty in the Navajo and Hopi Reservations. Staff is passionate about what they do and the clients we serve. And as an organization, they care deeply about our employees and their well-being. They are also committed to providing significant professional development opportunities for staff. Please see the attachment for a list of open positions as well as respective locations.
Lakehead University
Dean of the Bora Laskin Faculty of Law, Thunder Bay, Ontario. This is a unique law school with a focus on Northern Ontario that graduated its first class in 2016. Three mandates are embraced within the Faculty’s curriculum: Aboriginal and Indigenous Law, Natural Resources and Environmental Law, and Sole/Small Town Practice with the Integrated Practice Curriculum. For more information please see the position description.
National Indian Child Welfare Association
Community Development Specialist, Portland, Oregon. is responsible for mobilizing and assisting tribal communities and programs to respond to the needs of tribal children. The position builds and maintains partnerships and networks resulting in resources to support children’s mental health, child welfare, and the Indian Child Welfare Act (ICWA). The community development specialist has the overall responsibility of ensuring the coordination and management of the following specific responsibilities. Please see the position description for more information.
Havasupai Tribe
Chief Judge, Havasupai Tribal Court. Supai, AZ. Chief Judge is a part-time, contracted position and will be responsible for presiding over court hearing in person in Supai every other weekend, and conduct arraignments telephonically, as needed. Chief Judge will also serve as court administrator and supervise court clerks and manage grants. Position open until filled. See attached announcement for details.
General Counsel, Havasupai Tribe. Flagstaff, AZ. General Counsel is the principal legal counsel of the Havasupai Tribe and provides professional, in-house legal counsel to the Tribal government and departments, and manages all outside legal counsel. Position closes on January 11, 2018. See attached announcement for details.
The Nisqually Indian Tribe
In-house Prosecutor, Olympia, WA. The Prosecutor will represent the Tribe in all criminal matters in Nisqually Tribal Court, will advise the Tribe on a wide range of criminal and civil matters, and may also be asked to represent the Tribe in civil or child dependency matters in Tribal, State or Federal Court. While the primary role of this position is Prosecutor, the attorney will also be asked to perform general tribal attorney duties as assigned. Closing date is January 3, 2019. Send a resume, cover letter, and writing sample to Office of the Tribal Attorney, Nisqually Indian Tribe, 4820 She Nah Num Dr. SE, Olympia, WA 98513. Contact the Nisqually Legal Department at 360-456-5221 with any questions. See job description for more information.
Rosette Law, LLP
Litigation Attorney, Folsum, CA. Seeking a litigation attorney with 2-3 years civil motion practice and trial experience in tribal, state and/or federal courts. The firm specializes in representing federally recognized Indian tribes and their businesses. Please see the job description for more information.
Transactional Attorney, Folsum, CA. Seeking a transactional attorney with 0-2 years experience for contract review and drafting, secured financing transactions, and in-house counsel work advising clients on material contracts. Please see the second section in the job description for more information.
Osage Nation
Staff Attorney, Pawhuska, OK. Research laws, investigate facts, and prepare letters and documents necessary to assist the Office of the Attorney General in day-to-day activities and litigation. Please see the job description for more information. Here is the direct link to the job details and online application: https://www.paycomonline.net/v4/ats/web.php/jobs/ViewJobDetails?job=8078&clientkey=C7F1082DFD630A67D2F9CB5635D8679F
The Legislative Commission on Indian Services (LCIS)
Executive Officer, Salem, Oregon. The LCIS was created in 1975 for the purpose of improving services with American Indians in the State of Oregon and promoting communication and relations between the State of Oregon and the federally recognized Indian Tribes in Oregon. For more information please see the job description. Application closed February 4, 2019.
New Mexico Sixth Judicial District Attorney’s Office
State Prosecutor, Silver City, NM. This district is largely rural communities (but only 2 hours to Tucson, AZ and El Paso TX). An opportunity for both new and experienced attorneys. Contact Sara L. Schlack at SSchlack@da.state.nm.us for more information.
Owens Valley Indian Water Commission
Communications Specialist, Bishop, CA. Shall be responsible for building and maintaining a positive public image for the Commission and its member Tribes. Will utilize a variety of platforms to develop strategies that influence public opinion and promote the goals of the Commission with respect to Tribal water rights, land acquisition, land stewardship, and sustainable natural resource management; develop partnerships, promote environmental justice, and assist with coordinating activities related to water and land goals of the Commission and its member Tribes. Please see the job description for more information. Position is open until filled.
Lower Brule Sioux Tribe (LBTC)
RFP for Code Revision. LBCT completed a court assessment recommending comprehensive review and update of the Tribes’ Codes (criminal, civil, juvenile). The LBCT seeks to contract with a firm or attorney to assist in reviewing, editing, amending, and organizing existing codes. Please see the description for more information. Proposals will be accepted until January 31, 2019 and should be submitted via email to Chief Judge Morrie Miner at morrieminer@lowerbrule.net.
National Indian Gaming Commission
Legal Staff Assistant, Washington, DC. Major Duties include, but are not limited to: Assists the attorneys, prepares administrative and appeal records and indexes, case files and other records or documents in support of enforcement actions, appellate review and other similar actions. Maintains and organizes files, databases, and office reports; prepares travel vouchers; maintains office calendar and time sheets. For more information please see the job description or visit this link. Application closes December 31, 2018.
The Hoopa Valley Tribal Court
Request for Qualifications. Request for Qualifications. Soliciting statements of intent from Indian owned economic enterprises/contractor(s) to respond to bid advertisement or request for proposals, limited to Indian owned firms to develop, compose and facilitate a community needs assessment and strategic plan. These two deliverables are sequential and interlinked. Proposals may be sent to Falene Blake Lewis, Court Administrator, FaleneLewis@gmail.com. Please see the description for more information.
See posts from December 7, 2018.
Here are the materials in the long-running Cayuga Indian Nation v. Seneca County (W.D. N.Y.):
58 Cayuga Motion for Summary Judgment
Prior posts here.
Pathways to the Legal Profession: Identifying, Advising, and Supporting Native American Pre-Law Students
February 5-6, 2019 at the Isleta Resort and Casino, Pueblo of Isleta, New Mexico
The American Indian Law Center, Inc. and the Native American Pipeline to Law Initiative are pleased to announce that registration is open for our Pre-Law Advisors Training. This training is designed for advisors to Native American pre-law students- this includes Native Studies educators, tribal educators, pre-law advisors, or those who may work with Native students and may direct them to law school.
The registration fee is waived for representatives from Tribal Education Departments, Tribal Colleges and Universities, and schools with Native American student enrollment. A limited number of travel reimbursements are still available. Details on the reimbursement, lodging, and the schedule are provided on the registration webpage.
Topics include:
Please email Rodina Cave Parnall, Pre-Law Summer Institute Director, with questions. caveparnall@law.unm.edu
Here are the materials in Everi Payments Inc. v. Washington State Dept Of Revenue:
D2 50791-9-II Published Opinion
Lower court materials here.
Turtle Talk 
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