Here is the cert petition:
Question presented:
Whether the Assimilative Crimes Act, 18 U.S.C. § 13, applies to Indian country-either on its own or through the General Crimes Act, 18 U.S.C. § 1152-such that the federal government may prosecute Indians for virtually any state-law offense committed in Indian country, including on lands promised by treaty for the “exclusive use” of Indian tribes.
Lower court materials here.
To post an open Indian law or leadership job to Turtle Talk, send all of the following information to indigenous@law.msu.edu
In the email body:
A typed brief description of the position which includes
Staff Attorney. Cambridge, MA. The Emmett Environmental Law & Policy Clinic at Harvard Law School is inviting applications for a full-time Staff Attorney. The Clinic works with scientists, medical professionals, nonprofit and public interest organizations, and state, municipal, and tribal government clients on environmental and energy issues at the federal, state, and local level. The work includes writing comments and briefs about federal and state regulations, drafting climate change mitigation and adaptation regulations and policies for municipalities, preparing guidance documents and manuals for non-lawyers, drafting model legislation, and preparing policy papers. Open until filled.
Court Clerk. Sacaton, AZ. The Court Clerk provides administrative and technical support to the courts by receiving, preparing and processing documents; maintaining databases and files/records; receiving and recording payments. This position interacts, assists the public, maintains a caseload, and coordinates with the Judge on scheduling and courtroom management. Closing Date: 03/09/2023.
Law Clerk. Sacramento, CA, Louisville, CO, Rapid City, SD, Topeka, KS, and Washington, D.C. Experience or coursework in tribal and Federal Indian Law is strongly preferred. Applicants must also possess excellent analytical, research and communication skills, and the ability to work independently and as a team member in a fast-paced environment. Peebles Kidder offers a competitive hourly wage for a 10-week summer position. Closing Date: March 31, 2023.
Staff Attorney for Native Nation Partnerships. Madison, WI. Midwest Environmental Advocates (MEA) is hiring a Staff Attorney for Native Nation Partnerships to focus on providing environmental legal support to Native nations and other Indigenous partners within Wisconsin’s borders. The attorney’s work will be guided by the needs and requests of these partners. The attorney will assist Native nations to obtain recognition of their environmental standards by the Environmental Protection Agency and other non-Native governments. The positions will also provide legal support to Native nations when state and federal government agency decisions implicate Tribal environmental sovereignty or other environmental interests. Applications will be considered on a rolling basis until the position is filled. Please see the position description for more information.
Program Analyst (Policy and Program Advisor, Farm Production and Conservation Portfolio). Washington, D.C. (Telework Eligible). Serve as a subject matter expert and liaison between the Secretary and all agencies on Indian land tenure and ownership issues.
Closing Date: 3/14/2023.
Administrative Assistant. Anywhere in the U.S. (Remote Job). Plan, evaluate, and coordinate a variety of essential business management activities and services. Closing Date: 3/13/2023.
Associate Court Judge-Law Trained. Rock Hill, SC (Hybrid) The Associate Tribal Court Judge will be responsible for providing a full range of judicial services by hearing cases in the Governance Court regarding, but not limited to administrative decisions regarding Tribal governance matters. This position will be part time, with a variable schedule dependent on case filings and flexible work arrangements will be considered. This is anticipated to be approximately 1-15 hours per month. The duties performed require the individual to exercise considerable independent judgement in managing the docket, ruling on motions and adjudicatory cases, conduct hearings, and decide cases in a fair and impartial manner to the end that justice may be administered and law order maintained. Closing Date: March 3, 2023.
Deputy General Counsel. Kykotsmovi AZ. This is a tribal inhouse counsel position for the Hopi Tribe. The position processes requests for legal review by the Tribal Council and the Tribe’s Officers, Departments and Programs. These requests can range from contract review to answering and analyzing complex questions of law dealing with natural resources to human resources. Closing Date – Open until filled.
Chief Prosecutor. Keams Canyon, AZ. The Chief Prosecutor administers the Hopi Tribe’s Office of the Tribal Prosecutor. He or she is responsible for the prosecution of violations of the Hopi tribal code and pursues dependency matters pursuant to the Hopi Children’s’ Code. This position works (and coordinates) with Hopi and BIA law enforcement, the FBI and US attorney’s office. The position also works with the Tribal Council in reviewing the Code and law enforcement matters on the Hopi Reservation. Importantly, the position prosecutes cases before the Hopi Tribal Courts. Closing Date – Open until filled.
Deputy Tribal Prosecutor. Keams Canyon, AZ. The Deputy is responsible for the prosecution of violations of the Hopi tribal code and pursues dependency matters pursuant to the Hopi Children’s’ Code. This position works (and coordinates) with Hopi and BIA law enforcement, the FBI and US attorney’s office. The position also works with the Tribal Council in reviewing the Code and law enforcement matters on the Hopi Reservation. Importantly, the position prosecutes cases before the Hopi Tribal Courts. Closing Date – Open until filled.
Litigation Assistant, Clean Energy. San Francisco CA, Denver CO, Los Angeles CA, New York City NY, Washington DC, Philadelphia PA. The Senior Litigation Assistant will join a team of seven Litigation Assistants and paralegals who provide administrative and litigation support services for approximately thirty active Clean Energy Program attorneys practicing in state and federal courts, in public service commissions, at the Federal Energy Regulatory Commission, and in other administrative forums. Closing date: 3/5/2023.
Legislative Affairs Specialist. Washington, D.C. Duties of the Specialist include 1) drafting and analyzing legislative proposals and other bills covering Indian Affairs policies, programs, and procedures; 2) coordinating communications with Congressional offices to present or obtain information relating to legislation involving Indian Affairs programs, and 3) supporting AS-IA principals as they appear before Congressional committees as expert witnesses to justify and advocate Indian Affairs and Department views. Application deadline: 03/04/2023.
Staff Attorney – Emmett Environmental Law & Policy Clinic. Cambridge, MA. The Clinic works with scientists, medical professionals, nonprofit and public interest organizations, and state, municipal, and tribal government clients on environmental and energy issues at the federal, state, and local level. The work includes writing comments and briefs about federal and state regulations, drafting climate change mitigation and adaptation regulations and policies for municipalities, preparing guidance documents and manuals for non-lawyers, drafting model legislation, and preparing policy papers. Open until filled.
Summer Law Clerk. Seattle, WA. Duties include assisting with any/all current legal matters as assigned. The position closes on May. 1, 2023.
Associate Attorney. Elk Grove, CA. This position will be in support of the senior partner and include client management and supervisory duties in a team-oriented practice. This is a full-time, in-office position with the billing requirement of 130 hours per month. The attorney in this position will have immediate responsibility. This is an opportunity to build a career in a favorable environment that encourages your personal and professional development. Our firm strives to practice ethically, responsibly, and giving the highest quality representation for our clients. Position open until filled.
RFP – Dowagiac River Environmental Condition Inventory. Dowagiac, MI. The Pokagon Band of Potawatomi Indians is soliciting RFPs for proposals from companies interested in the Dowagiac River Environmental Condition Inventory. The Pokagon Band of Potawatomi Indians would like to invite you to submit a proposal in accordance with our RFP process. Closing time for receipt: March 8th, 2023.
Supreme Court Law Clerk. Window Rock, AZ. Under general direction of the Chief Justice, performs work of moderate to extreme difficulty in analyzing supreme court cases. Conducts legal research, drafts opinions, and orders; and, provides legal advice related to appellate cases, petitions, notices and other documents filed with the Navajo Nation Supreme Court. Performs related duties as assigned. Closing Date: February 27, 2023 at 5:00 p.m.
Director. Missoula, MT. The Director will be responsible for all aspects of leading and growing AIGPI; in addition to overseeing daily operations and ongoing engagement with tribal governments, this includes engaging in significant fundraising efforts and securing outside funding sufficient to cover all costs associated with AIGPI after the first year. For assistance with this, the Director will work with the ORCS and the University of Montana Foundation (UMF) to identify and apply for research and other funding opportunities. The Director is also responsible for coordinating AIGPI’s fledgling research program and related activities, keeping them on schedule, within stated budgets, and functioning smoothly. Priority Application Deadline is Monday, March 13, 2023.
Deputy Solicitor General. Onamia, MN. The Deputy Solicitor General performs legal work involving interpreting laws and regulations; preparing legal opinions, briefs, and other legal documents; rendering legal advice and counsel; consulting with trial attorneys; assisting in preparing cases for trial; drafting bills for legislative consideration, and assisting the Solicitor General in managing the affairs and duties of the function of Solicitor General. Open until filled.
Click here for last week’s job announcements!
To post an open Indian law or leadership job to Turtle Talk, send all of the following information to indigenous@law.msu.edu
In the email body:
A typed brief description of the position which includes
Senior Manager, Attorney Education. Washington D.C. As a part of ELI’s Education team, the Senior Manager of Attorney Education’s primary objective is to help develop and deliver programs for members consistent with ELI’s mission, with a focus on developing ELI’s Annual Boot Camps and CLE events. Associated tasks involve tracking current events and legal policies relevant to environmental law and policy, as well as developing concepts and write-ups for trainings, master classes, programs, major conferences, and cosponsored conferences. Application Deadline: 2/28/23.
Manager, Educational Programs. Washington D.C. As a part of ELI’s Education team, you will help plan the logistics for high-quality attorney trainings and educational programming that serves the interests and needs of ELI’s membership and the environmental law profession the world over. The Education team puts on 50+ programs a year and is key to setting the agenda and curriculum for what our members and the environmental law community around the world need to know now. As the Manager of Educational Programs, you will be setting up and helping plan educational events for those in the know in the environmental law field. Application Deadline: 2/28/2023.
Director, Communications. Washington D.C. The Environmental Law Institute is seeking a Director of Communications to support its efforts to realize environmental progress by leading all of the Institute’s communications initiatives. They work with everyone at the organization, from the President to interns, to ensure cohesive, strategic, and inspiring communications. They cultivate and maintain ELI’s organizational voice in a way that motivates people to act and helps position ELI to benefit fundraising, awareness, and impact. The Director looks at ELI holistically and “connects the dots” between departments and programs as they relate to communications and marketing. This position is key both to deepening the reach and impact of ELI’s work, as well as to supporting vital development efforts. Application Deadline: Open until filled.
Climate Fellow. Remote AZ, UT, NM, CO. Gain a deep understanding of the Trust’s mission and vision and what our strengths are as an organization. Play an as-needed support role for the energy director in a long-standing campaign to gain permanent protection for the Grand Canyon region from uranium mining. Assemble a comprehensive list of climate action needs and climate action obstacles for the region. Conduct research and analysis of current and projected national and regional climate legislation. Summarize current climate related work that is already being done on the plateau by other organizations, government entities, and grassroots groups. Craft a revised long-term goal for approval by the board of trustees in coordination with the energy director, conservation director, and executive director. Closes 3/6/23.
Senior Associate General Counsel. Mt. Pleasant, MI. Under the supervision of General Counsel, represent the tribe in all judicial and administrative forums and in the tribe’s governmental and business relations with all persons, organizations and entities, public and private, excluding representation performed by the General Counsel. Open Until Filled.
Attorney. Sacramento, CA. The Circle Law Group, P.C. is an American Indian owned law firm representing tribal governments and tribal businesses across the state of California and western states. The Circle Law Group seeks two attorneys to represent firm clients in business development, government negotiations, tribal housing, land acquisition, land use planning, cultural resource protection and representation related to internal tribal governance matters. A qualified attorney candidate will work in the Sacramento office or in a hybrid mode. Seeking two qualified candidates. Position open until filled.
Assistant General Counsel. El Cajon, CA. Serves as Assistant or Deputy legal representative to the Sycuan General Counsel, and as an advisor to the Sycuan Band of the Kumeyaay Nation. Closing date: open until filled.
Attorney – Child Support. Tulalip, WA. Drafts and reviews various legal pleadings, motions, documents and correspondence necessary to litigate child support cases and meet all applicable time frames and deadlines. Represents the Tulalip Tribes in civil proceedings regarding the Tulalip Child Support Program. Provides legal advice and support to Tulalip Child Support Program staff members. Reviews child support recommendations and worksheets prepared by the Tulalip Child Support Program. Works cooperatively with Tulalip Child Support Program to ensure timely flow of cases. Drafts and revises Tribal Codes, procedures, templates, and forms. Conducts legal research concerning Tribal, Federal, and State Law. Participates in planning, legal advice and strategy sessions with the Board of Directors and government departments. Closing Date: March 5, 2023.
Senior Staff Attorney/Staff Attorney. Sault Ste. Marie, MI. Large face paced tribe is seeking to hire either two Senior Staff Attorneys or one Senior Staff Attorney and one Staff Attorney. Under the guidance of the General Counsel these positions represent tribal government, a gaming entity and two economic entities in a broad variety of matters. The majority of the work involves regulatory, policy/procedure, ordinance and contract drafting, finance, insurance, gaming operations and expansion, online gaming, general business advisement, treaty rights implementation and management, elections compliance and real property issues. Open until filled.
Click here for last week’s job announcements!
Are you interested in Tribal justice, leadership, and working with the community? We are offering our first Tribal Judicial Administration Certificate Program! It will be a short 8-week program; classes are online and during the evening!
We are excited to partner with Field of Tribal Courts for this first-of-a-kind course!
This online course will help California tribal community members prepare for a career in a California tribal court. This course gives a general overview on how tribal court systems compare with the American and international indigenous legal systems, the evolution of California tribal courts, and the main areas of tribal judicial administration in the following areas: Tribal Court Governance, Court Office Administration, Case Management and Trials, Financial Management, Court Staff Management, Community and Court Office Relations, and Court Planning and Performance (with a special focus on Court Development Management). In addition, this course aims to develop and prepare community members to be cross-trained for the role of either the court administrator or court clerk and identifies challenges tribal courts face today.
To learn more information, scan the 1st QR Code for our Info Session. It will be on February 23 at 6:00 PM. https://tinyurl.com/2fs5ey72
Use the Second QR Code to Register: https://tinyurl.com/2hp3wfkr
Payments will be collected at a later date.
Here:
Mr. Murphy prevailed against Oklahoma in the Supreme Court following the McGirt decision, but was immediately prosecuted and convicted by the United States. He is now challenging the federal government’s delay.
Here, on Prism, is “Supreme Court Rulings Undermine Indian Law.”
An excerpt:
Levy Uyeda: What is sovereignty, and how has its definition changed over time?
Fletcher: Sovereignty, I suspect, is not really an Indigenous principle. It comes from the notion that there is an all powerful sovereign entity like a king that has an absolute monopoly on violence, over lands, and over the people on those lands, who typically are called subjects. By offering individual rights to people in the U.S. we’ve papered over some of the difficult aspects of that understanding of sovereignty. On one hand, when tribes assert sovereignty, it means tribes are saying that there is a hierarchical group of people and an elite that makes decisions for all others beneath them.
Tsosie: I do agree that the terminology of “sovereignty” is problematic because Anglo-American law and jurisprudence does give that hierarchical meaning that comes out of English tradition.
I tell my students that the term “property,” which also has that Western meaning, along with “sovereignty,” are both modes of discourse. If you think about these terms in the context of a treaty, the treaty is designed to be a contract between sovereigns.
Turtle Talk 
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