Split Tenth Circuit Rules in Ute Indian Tribe v. Lawrence

Here. An excerpt describing the holding:

This appeal marks the latest chapter in a long-running contract dispute between the Ute Indian Tribe of the Uintah and Ouray Reservation (the Tribe) and Lynn Becker, a non-Indian. The contract concerned Becker’s work marketing and developing the Tribe’s mineral resources on the Ute reservation. Almost seven years ago, Becker sued the Tribe in Utah state court for allegedly breaching the contract by failing to pay him a percentage of certain revenue the Tribe received from its mineral holdings. Later, the Tribe filed this lawsuit, challenging the state court’s subject matter jurisdiction under federal law. The district court denied the Tribe’s motion for a preliminary injunction against the state-court proceedings, and the Tribe appeals.
We reverse and hold that the Tribe is entitled to injunctive relief. The district court’s factual findings establish that Becker’s state-court claims arose on the reservation because no substantial part of the conduct supporting them occurred elsewhere. And because the claims arose on the reservation, the state court lacks subject-matter jurisdiction absent congressional authorization.

Briefs here.

Claremont Graduate University American Indian Education Program

Claremont Native American Fellowship Program – School of Educational Studies

Applications being accepted now for a cohort starting in August 2022

Full funding & living support for Native Americans to earn their California K-12 teaching credential & MA in Education in as little as 12 months.

Post-graduation mentorship while CNA Fellow is meeting payback obligation by teaching in a school that serves a high population of Indian students.

Core online program works in conjunction with hands-on learning while CNA Fellow works in a school under guidance of a mentor teacher. Program can be completed from one’s home community.

See CNA Fellowship Program’s website or contact Melanie.Kerr@cgu.edu for more information.

Former Navajo Nation President Peterson Zah Receives Grand Canyon Trust Lifetime Achievement Award

From the presser — Flagstaff, AZ – On Tuesday, January 11, 2022, at 3:00 pm MST, former Navajo Nation Chairman and first President of the Navajo Nation, Peterson Zah, will receive the 2021 Grand Canyon Trust Lifetime Achievement Award, which recognizes exceptional individuals who have accomplished significant conservation for the Grand Canyon and the Colorado Plateau.
Zah will be honored for his life’s work, including significant contributions to conservation of the environment and advancing tribal sovereignty.
During his long career, Zah led national tribal efforts in Congress to strengthen many federal environmental laws. In his time as president and chairman, Zah renegotiated mineral, coal, oil, and gas leases with major energy companies to better benefit the Navajo people, and created permanent trust funds, now valued at several billion dollars, dedicated to culture, language, education, health, governance, infrastructure, and land restoration.
The award will be presented during a small private ceremony. Members of the public can attend the ceremony virtually at https://us02web.zoom.us/j/83197071336 or by phone at 1 (602) 753-0140 using webinar ID: 831 9707 1336.
“Peterson Zah’s extraordinary leadership made clear that within the ambiguity of modernism and tradition, righteousness and tremendous influence could come from homegrown legitimacy and purpose,” said Grand Canyon Trust Board Chair Jim Enote.
“Peterson has truly been a giant in this region, and well beyond. We are so honored to recognize Peterson, his achievements, and his profoundly positive impacts on this world,” said Grand Canyon Trust Executive Director Ethan Aumack.
Past recipients of the Grand Canyon Trust Lifetime Achievement Award include former Secretary of the Interior Bruce Babbitt (2003), former Arizona Congressman and Secretary of the Interior Stewart Udall (2004), and the writer Terry Tempest Williams (2010). The award, established in 2003, has been given only six other times; Zah will be the seventh recipient.

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Founded in 1985, the Grand Canyon Trust is a non-profit conservation organization dedicated to safeguarding the wonders of the Grand Canyon and the Colorado Plateau, while supporting the rights of its Native peoples.

Circe Sturm on the Census and Whiteness

Circe Sturm has published “How the Native American population in the US increased 87% says more about whiteness than about demographics” in the Conversation.

Ninth Circuit Decides Newtok Village v. Patrick

Here.

Briefs here.

Update for the week of 12/20/2021: Job Announcements

Due to the upcoming holidays, this week’s job announcements are being posted this Wednesday, December 22nd, 2021. If you would like your listings included this week, please submit them by 12:00pm ET on Wednesday, December 22nd, 2021.

____________________________________________________________________________ 

To post an open Indian law or leadership job to Turtle Talk, send the following information to indigenous@law.msu.edu: 

In the email body: 

  • A typed brief description of the position which includes: 
    1. Position title 
    2. Location (city, state) 
    3. Main duties 
    4. Closing date 
    5. Any other pertinent details such as links to the application 
  • An attached PDF job announcement. 

____________________________________________________________________________ 

Maryland Federal Court Partially Dismisses, Abstains from Resolving Case Involving Accohannock Indian Tribe

Here are the materials in Accohannock Indian Tribe v. Tyler (D. Md.):

Federal Court Rejects Seneca Effort to Vacate Judgment on Gaming Payments to State

Here are the new materials in Seneca Nation v. State of New York (W.D. N.Y.):

Ninth Circuit Materials in Metlakatla Indian Community v. Dunleavy

Here:

Opening Brief

Answer Brief

Reply

Lower court materials here.

 

News Profile of the Oneida Bingo Queens

From the Green Bay Press Gazette, “Meet Oneida ‘Bingo Queens’ Sandra Brehmer and Alma Webster, who started tribal gaming in Wisconsin 45 years ago.”