Here is today’s order list.
Here is the tag for Herrera v. Wyoming.
Research
Pipeline to Law Workshop at ASU
Pipeline to Law Workshop at ASU
August 1-5, 2018
Beus Center for Law and Society
111 E. Taylor Street, Phoenix, AZ
The Native American Pipeline to Law Pre-Law programs educate and help students successfully navigate the law school application process. The workshops will assist participants in preparing competitive applications. Come learn how to successfully apply to law school and network with law school professionals.
Who should attend?
College Sophomores, Juniors/Seniors, master’s students and college graduates preparing for law school.
Why attend?
- Learn about law school and career options
- Obtain information about the varied admissions criteria
- Work with mentors to develop an effective application, resume, and personal statement
- Explore law school funding options
- Receive test prep tips for the LSAT
- Network with other participants, faculty, and professionals
- Hear from former and current American Indian law students
Application and additional information available at:
Questions? Contact Kate Rosier at Kate.Rosier@asu.edu
Shoshone-Bannock Tribes Bring Land Claim
Here is the complaint in Shoshone-Bannock Tribes of the Fort Hall Reservation v. United States (D. Idaho):
An excerpt:
By this action the Tribes seek to resolve unsettled rights to land that has been abandoned or relinquished by the Union Pacific Railroad (UPR) in Pocatello, Idaho. The Tribes want to protect Tribal interests and remove a long-standing obstacle to prudent land use in the community.
Federal Court Declines to Suppress Statement Made by Habitual D.V. Defendant Represented by Tribal Lay Advocate
Here are the materials in United States v. Freemont (D. Neb.):
Guest Post: Kirsten Matoy Carlson on Eighth Circuit Judge Diana Murphy
In Remembrance: Judge Diana Murphy
Last month, Indian country lost a powerful advocate and friend, the Honorable Diana E. Murphy of the U.S. Court of Appeals for the Eighth Circuit. Judge Murphy was the first woman appointed to the Court of Appeals for the Eighth Circuit, and she remained the only women on the court for decades. Unlike many federal appellate judges, she served as a district court judge for over a decade before joining the Court of Appeals.
During her thirty-plus years on the federal bench, Judge Murphy heard almost 50 cases and wrote close to two dozen opinions related to federal Indian law. Her majority, concurring, and dissenting opinions covered a wide range of topics, including, inter alia, land-into-trust, taxation, gaming, tribal civil adjudicatory jurisdiction, tribal sovereign immunity, treaty rights, reservation boundaries, and criminal jurisdiction. Her Indian law jurisprudence reflected her remarkable ability to tackle complicated factual and historical patterns, to read closely and identify the relevant facts in their historical context, to apply the law precisely to those facts, and to value and give voice to cultures and ways of life distinct from her own. She was one of those rare federal judges who recognized Indian nations and their people for what they are: sovereign governments with distinctive cultures and ways of life.
Among Judge Murphy’s well known majority opinions are:
Mille Lacs Band of Chippewa Indians v. Minnesota Dep’t of Natural Resources, 861 F. Supp. 784 (Dist. Minn. 1994) — 861_f.supp._784
Gaming Corp. of Am. v. Dorsey & Whitney, 88 F.3d 536 (8th Cir. 1996) — 88_f.3d_536
United States v. Brown, 777 F.3d 1025 (8th Cir. 2015) — 777_f.3d_1025
County of Charles Mix v. United States DOI, 674 F.3d 898 (8th Cir. 2015) — 674_f.3d_898
Hornell Brewing Co. v. Rosebud Sioux Tribal Court, 133 F.3d 1087 (8th Cir. 1998) — 133_f.3d_1087
Leech Lake Band of Chippewa Indians v. Cass County, 108 F.3d 820 (8th Cir. 1997) — 108_f.3d_820
Yankton Sioux Tribe v. Podhradsky, 577 F.3d 951 (8th Cir. 2009) — 577_f.3d_951
Gaming World Int’l v. White Earth Band of Chippewa Indians, 317 F.3d 840 (8th Cir. 2003) — 317_f.3d_840
United States v. Santee Sioux Tribe, 254 F.3d 728 (8th Cir. 2001) — 254_f.3d_728
United States v. Santee Sioux Tribe of Neb., 324 F.3d 607 (8th Cir. 2003) — 324_f.3d_607
Bettor Racing, Inc. v. Nat’l Indian Gaming Comm’n, 812 F.3d 648 (8th Cir. 2016) — 812_f.3d_648
City of Duluth v. Fond Du Lac Band of Lake Superior Chippewa, 785 F.3d 1207 (8th Cir. 2015) — 785_f.3d_1207
United States ex rel. Bernard v. Casino Magic Corp., 384 F.3d 510 (8th Cir. 2004) — 384_f.3d_510
Plains Commerce Bank v. Long Family Land & Cattle Co., 491 F.3d 878 (8th Cir. 2007) — 491_f.3d_878
Attorney’s Process & Investigation Servs. v. Sac & Fox Tribe, 609 F.3d 927 (8th Cir. 2010) — 609_f.3d_927
DISH Network Serv. L.L.C. v. Laducer, 725 F.3d 877 (8th Cir. 2013) — 725_f.3d_877
Judge Murphy also wrote several powerful concurrences and dissents, including:
Nord v. Kelly, 520 F.3d 848 (8th Cir. 2008) (concurrence) — 520_f.3d_848
Fond Du Lac Band of Lake Superior Chippewa v. Frans, 649 F.3d 849 (8th Cir. 2011) (dissent) — 649_f.3d_849
South Dakota v. United States DOI, 69 F.3d 878 (8th Cir. 1995) (dissent) — 69_f.3d_878
Pueblo of Pojoaque RFP for Legal Services
Here:
Native American Man Exonerated After Serving 26 Years for a Crime He Did Not Commit
After serving 26 years, Johnny Edward Tall Bear was recently exonerated after DNA testing showed he did not commit the murder for which he was incarcerated. According to the Innocence Project, Mr. Tall Bear is one of the first Native American people exonerated by DNA in the United States.
Please read more about this story here.
SCOTUS Grants Cougar Den Tax Case; Denies Shingle Springs Gaming and Wind River Reservation Boundaries Cases; Issues CVSG in Ute Tribal Court Jurisdiction Matter
Here is today’s order list.
Here are the materials in the Cougar Den matter.
Here are the materials in the Shingle Springs matter.
Here are the materials in the Wind River matter.
Here are the materials in the Ute Tribe matter.
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 Indian law or leadership job, please send a PDF job announcement and a brief description of job to indigenous@law.msu.edu.
American Civil Liberties Union (ACLU)
Staff Attorney, Racial Justice Program, New York City, N.Y. The Racial Justice Program is seeking a full-time attorney to handle Indian Rights cases, along with other racial justice cases, in its National Office in New York City. A J.D. is required, eligibility to be admitted to the New York Bar within one year of hire, and a minimum of five years of experience is strongly preferred. Please see the website for more information.
Indigenous Justice Legal Fellow, Missoula, M.T. Reporting to the Legal Director, the IJ Legal Fellow will work with Indigenous communities throughout Montana and provide litigation support based on community initiative and demand. The ACLU-MT works on a variety of issues that impact Indigenous people – including tribal sovereignty, voting rights, education equity and school discipline, discrimination in employment and housing, and the criminalization of poverty. Over the past two years we have worked to build Indigenous Justice into every aspect of our organization through building relationships with Indigenous leaders and community members and prioritizing issues identified by Indigenous communities. We have increased our organizing presence in Indigenous communities throughout the state, and are now ready to expand the program by hiring a Legal Fellow committed to supporting Indigenous Justice. This is a one-year position with the possibility of renewal for a second year. This position is designed to help attorneys in the early stages of their careers develop into thoughtful, professional, and effective advocates skilled in the various phases of Indigenous Justice litigation. Please see the website for more information.
Cowlitz Indian Tribe
Staff Attorney, Longview & Ridgefield, W.A. The Cowlitz Indian Tribe is seeking a Staff Attorney to work in the Cowlitz Legal Department. The Staff Attorney is responsible for preparing and analyzing contracts, legal documents, and the Tribal Constitution, codes, and ordinances. The Staff Attorney will be the Prosecutor for the Cowlitz Tribal Court in criminal and civil actions for Tribal issues on the Cowlitz Indian Reservation areas. The Staff Attorney will report directly to and assist the General Counsel with issues and activities concerning tribal legal rights, obligations, and privileges. Starting salary ranges from $80k to $120k, depending on qualifications. Please see the announcement for more information.
Yavapai-Apache Nation
Chief Judge, Camp Verde, A.Z. The Yavapai-Apache Nation is seeking a Chief Judge to serve a two-year term. The Chief Judge presides over and ensures the proper operation of the Yavapai-Apache Nation Tribal Court. The Chief Judge is the primary judicial officer of the Tribal Court and the administrator of the Nation’s courts. Applications close on July 27, 2018. Please see the announcement for more information.
Water Protector Legal Collective
Bookkeeper/Office Manager, Mandan, N.D. The Water Protector Legal Collective is looking for a Bookeeper/Office Manager. Applicants for this position must be proficient in Excel, Word, and QuickBooks; have excellent written/verbal communication skills; the ability to multitask and work in a timely manner; experience in bookkeeping and records management; and maintain confidentiality at all times. WPLC is seeking applicants with a commitment to water protector and indigenous defense and have no ties to law enforcement or the oil industry. Preference will be given to candidates who have a degree in bookkeeping or closely related field from an accredited institution. Please see the announcement for more information.
Staff Attorney, Mandan, N.D. This is a unique opportunity for a prospective movement lawyer to obtain extensive criminal defense and movement legal support training and mentorship. Recent law grads are welcome to apply, and WPLC is willing to support the right candidate through writing the bar in North Dakota and possibly elsewhere as needed. Extensive training and mentorship opportunities will be provided, working alongside some of the most dedicated and experienced movement lawyers in the country. The Staff Attorney will play a key role in WPLC’s ongoing efforts to defend Water Protectors with state criminal charges in North Dakota, and engage in new legal work to support the broader Indigenous-led movement to protect the earth and efforts to expand and advance Indigenous sovereignty and rights that was inspired by the historic gathering of Indigenous nations that occurred at Standing Rock. Please see the announcement for more information.
Ho-Chunk Nation
Senior Staff Attorney, Black River Falls, W.I. Under minimal direction, this professional management-level classification provides legal support to the court; advises the court on legal aspects of administrative and operational issues; performs difficult and complex legal work; provides oversight of individuals or agencies having professional contracts with the court; and directs subordinate staff. Receives general direction from the Chief Judge. This position is distinguished from the Staff Attorney/Law Clerk position in that it provides direction and supervision to other research staff, if any, and has oversight responsibility for contract employees providing professional services. Please see the announcement for more information.
Pascua Yaqui Tribe
Assistant Attorney General, Tucson, A.Z. The Assistant Attorney General represents the Pascua Yaqui Tribe by providing nonpartisan legal advice and representation to officials, agencies, departments, divisions, enterprises, and other entities of the Tribe’s government. Please see the website for more information.
Frederick Peebles & Morgan, LLP
Associate Attorney, Omaha, N.E. Fredericks Peebles & Morgan LLP has developed a reputation as aggressive litigators, advocates, and accomplished negotiators. Our dynamic team of attorneysoffer a diverse skill set and are able to tackle the toughest and most complex issues facing tribal governments, tribal corporations, and Native Americans. We are seeking an ambitious entry-level Associate Attorney for our Omaha, Nebraska office. You must possess excellent legal writing and research, communication, and interpersonal skills. Please see the job announcement for more information.
Mashpee Wampanoag Tribe
Tribal Prosecutor, Mashpee, M.A. The Mashpee Wampanoag Tribe is seeking a Tribal Prosecutor to represent the tribe in criminal prosecutions and civil code violations in tribal court. Please see the job announcement for more information.
Last week’s postings: June 15, 2018.
Press Release of Letter from the Grand Traverse Band of Chippewa and Ottawa of Indians to AG Jeff Sessions and DHS Secretary Nielsen RE Zero Tolerance Policy
Please see the release here.
Turtle Talk 
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