Ninth Circuit Affirms Mitchell v. Tulalip

Here is the unpublished opinion in Mitchell v. Tulalip Tribes:

Opinion – Affirming Dismissal

Briefs 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 a brief description of the position and a PDF job announcement to indigenous@law.msu.edu.

Ho-Chunk Nation

Tribal Counsel, Black River Falls, WI. The Tribal Counsel performs a wide variety of legal work representing the Nation as a government, its departments, boards, and commissions. The Tribal Counsel will prepare pleadings for hearings and other legal proceedings; perform legal research; provide court room representation; and more. For more information please see the job description. Click here for the application.

World Intellectual Property Organization

Intern, Geneva, Switzerland. WIPO’s Traditional Knowledge Division is looking for an intern to work with us as soon as possible in 2019 for an initial period of six months, renewable for another six months. The ideal candidate would have a background in intellectual property (IP) law, an advanced degree (Master, PhD etc.) and an interest in the relationship between IP and traditional knowledge, genetic resources and/or traditional cultural expressions. For more information please see the position description. Application closes November 16, 2018.

Southern Ute Indian Tribe

Tribal Prosecutor, Ignacio, CO. Applicants must be licensed to practice law in one or more state jurisdictions, must be eligible to waive in to admission in Colorado within a year of hiring, and must have one year of criminal law experience with actual trial experience. The Tribal Prosecutor is part of the Legal Department, which is led by a Director and staffed by five attorneys, a Legal Assistant, and a Legal Aide to the Prosecutor. To apply, please visit the link. The position closes on November 1, 2018.

Operating Director – Energy, Ignacio, CO. Ensures Southern Ute Indian Tribe Growth Fund energy activities are conducted in compliance with and to advance the GF Financial & Implementation plan, and applicable company business plans. BS in Engineering, Geology, or Geophysics; AND 20 years project management or development experience including 15 years experience as a Senior Level Manager w/ progressively responsible roles in energy investment, development and project management.  Closing date: 5:00 pm on 11/20/18. For position details and to apply, visit: www.sugf.com

Kalispel Tribe of Indians

Contract and Intellectual Property Staff Attorney, Usk and Airway Heights, WA. The Staff Attorney provides legal representation to the Kalispel Tribe of Indians including governmental departments and enterprises in the areas of contracts, grants and intellectual property. To apply, click here. For more information, please see the position description.

The National Council of Urban Indian Health

Director of Congressional Relations, Washington, D.C. Reporting to the Executive Director and Deputy Director, the Director of Congressional Relations will have both internal and external facing responsibilities grounded in serving Urban Indian Health Programs to advance the mission of NCUIH through excellence in policy, advocacy, outreach, technical assistance, discreet research projects and related programs. Please see the job description for more information.

Congressional Relations Associate, Washington, D.C. The Congressional Relations Associate works under the supervision of the Policy department to support the development, planning and implementation of the legislative priorities of the National Council of Urban Indian Health (NCUIH). The key feature of this position is the ability to be an effective policy analyst and advocate in the legislative arena. Effective advocacy relies on several key elements functioning in harmony. Please see the job description for more information.

Federal Relations Associate, Washington, D.C. Reporting to the Director of Federal Relations, the FRA will have both internal and external facing responsibilities grounded in serving UIHPs to advance the mission of NCUIH through excellence in policy, advocacy, outreach, technical assistance, discreet research projects, and related programs. Please see the job description for more information.

The Lower Elwha Klallam Tribe

Public Defender. The Lower Elwha Klallam Tribe, located on the beautiful Olympic Peninsula of Washington State, is hiring a fulltime Public Defender to represent defendants/respondents in criminal and civil matters.  Please see job description.

Mille Lacs Band of Ojibwe Indians

Special Assistant United States Attorney (SAUSA), Onamia, MN. The SAUSA works for the government to try criminal cases. The incumbent will initiate and carry out legal proceedings against a person who has been accused of a crime. On behalf of the national, regional, tribal, or local court system, the incumbent works to evaluate and/or convict criminals to secure other forms of justice. For more information, please see the job description.

San Juan Southern Paiute Tribal Court

Appellate Judge (RFQ), Tuba City, AZ. The San Juan Southern Paiute Tribal Court of Appeals is seeking applicants for a part-time Appellate Judge position. The Appellate Judge of the San Juan Southern Paiute Tribal Court of Appeals is responsible for hearing appeals from the San Juan Southern Paiute Tribal Court. The Appellate Judge shall be responsible for hearing all cases and controversies arising in law or equity under the Constitution of the San Juan Southern Paiute Tribe. This is for a four-year appointment contract term. The position will remain open until filled. Please contact Tribal Secretary Tamara Talaswaima at t.talaswaima@sanjuanpaiute-nsn.gov with any questions.

Navajo Nation

Attorney, Department of Justice, Office of the Prosecutor, Tuba City, AZ.  This position serves at the pleasure of the Chief Prosecutor of the Navajo Nation.  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 Ms. Jaime High, Deputy Chief Prosecutor for further information at jaimehigh@navajo-nsn.gov.   This position is open until filled.

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 Ms. Jaime High, Deputy Chief Prosecutor for further information at jaimehigh@navajo-nsn.gov.  This position is open until filled.

Sitka Tribe of Alaska

Guardian Ad Litem, Sitka, AL. This part-time position serves as a resource for the Tribal Court. Interested individuals must submit a letter of interest, resume, and three references. The letter of interest should include a proposed hourly rate and should illustrate the individual’s background and interest in Sitka native culture. Must have comprehensive familiarity and cultural competency with traditions and values. Must be able to pass a criminal background check. For a full job description, questions or to apply; contact Kathy Mathews at 907-747-7178,  via e-mail at Kathy.mathews@sitkatribe-nsn.gov, or mail to 456 Katlian Street, Sitka, Alaska 99835, Attn: Kathy Mathews. Deadline for applications is November 9, 2018 at 4:00pm.

Michigan State University Department of English

Assistant Professor/Associate Professor, East Lansing, MI. Michigan State University is in Anishinaabe homelands, located in the territories of Ojibwe, Potawatomi and Odawa peoples. Communities of Anishinaabe persons and Indigenous persons from all over the world live in the greater Lansing (Nkwejong) area. We applications and nominations for the Audrey and John Leslie Endowed Professorship in Literary Studies with a focus on North American Indian and Indigenous literary studies, preferably pertaining to Great Lakes American Indian and Indigenous writing and culture. We seek an assistant or associate professor to begin in Fall 2019. This position is tenure-system. Please see the description for more information.

See posts from October 19, 2018.

 

NNALSA Moot Court Problem Released!

The NNALSA 2019 Moot Court Competition problem and rules are now available here.

NCJFCJ’s Article on the Family First Prevention Services Act of 2018

Here: NCJFCJ FFPSA In Session Fall 2018 

Originally published in the Fall 2018 edition of the National Council of Juvenile and Family Court Judges’ (NCJFCJ) members-only magazine, In Session. To receive future issues of the magazine, become a member of the NCJFCJ by clicking here.

3rd Edition of ABA Handbook is available

Handbook On Questioning Children: A Linguistic Perspective is available here.

The Handbook, 3rd Edition, applies linguistics to the critical task of communicating accurately with children in the legal system. Pertains to forensic interviewing, testifying, and questioning.

 

Federal Court Individual Indians’ Effort to Access Western Shoshone Judgment

Here are the materials in John v. United States (D. Nev.):

14 Amended Complaint

35 Plaintiffs MSJ

37 Defendants MSJ

39 Plaintiffs Reply

41 Defendants Reply

42 DCT Order

Federal Court Rejects Individual Indian’s Effort to Block Pipeline

Here are the materials in Northern Natural Gas Company v. 80 Acres of Land in Thurston County, Neb. (D. Neb.):

51 Soloman MTD

53 Northern MSJ

56 Northern Opposition to 51

57 Northern Reply

58 DCt Order

Prior post here.

National Indian Law Library Bulletin (10/24/2018)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 10/24/18.

U.S. Supreme Court Bulletin 
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petition for certiorari was denied in:
Citizen Potawatomi Nation v. Oklahoma (Arbitration and Award)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article) 
https://www.narf.org/nill/bulletins/lawreviews/2018.html

  • Frankly my dear, I don’t want a dam: Refocusing dam removal priorities to protect endangered salmon now. 
  • The shifting landscape of ancestral lands: Tribal gathering of traditional plants in national parks.
  • Taking it to the bank: Creating a new constitutional standard and using blue carbon banking to compensate the Miccosukee Tribe for the federal ‘taking’ of their tribal lands. 
  • Seminal choices: The definition of ‘Indian child’ in a time of assisted reproductive techonology. 
  • Historical perspectives & reflections on Matal v. Tam and the future of offensive trademarks. 
  • Tribal renewable energy service companies, part 3. 

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2018.html
Inter-Tribal Council of Arizona Inc. v. United States  (Federal Fiduciary Duty)
Northern Natural Gas Company v. 80 Acres of Land in Thurston County  (Rights-of-Way)
Wilhite v. Awe Kualawaache Care Center  (Tribal Sovereign Immunity) 
Guardado v. State of Nevada (Religious Land Use and Institutionalized Persons Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2018.html
Matter of L.A.G. (Indian Child Welfare Act – Application of)
Demetria H. v. State (Indian Child Welfare Act – Termination of Parental Rights) 
In re A.S.  (Tribal Customary Adoption) 

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature an article relating to increased support for tribal policing.

U.S. Legislation Bulletin 
https://www.narf.org/nill/bulletins/legislation/115_uslegislation.html 
The following bills were added:
H.R.7034: Kickapoo Tribe in Kansas Water Rights Settlement Agreement Act.
H.R.7075: Native American and Native Hawaiian Cultural Heritage Protection Act of 2018.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2018.html
We feature a notice of the US Commission on Civil Rights Alaska Advisory Committee meeting.

New piece on the cultural and social effects of tribal extractive development

Carla Fredericks, Kate Finn, Erica Gajda, and Jesse Heibel have published “Responsible Resource Development: A Strategic Plan to Consider Social and Cultural Impacts of Tribal Extractive Industry Development” in Harvard Journal of Law & Gender Online. Here.

NAICJA/Casey Tribal Judicial Skills Training

Click here for more information. This training is FREE OF CHARGE with a limited number of travel and lodging scholarships available. Food will be provided. This training is open to JUDGES ONLY.

Date: December 3, 2018

Time: 8:30 AM – 5:00 PM

Location: Kimpton-Rowan Palm Springs, Palm Springs, CA

Register by Friday October 26, 2018: Click Here

For more information please contact Kate Trujillo – Kate@naicja.org