Research
MSU Indigenous Law & Policy Center Winter Newsletter
As 2022 begins, the Michigan State University College of Law Indigenous Law & Policy Center invites you to join us in reflecting upon and celebrating the accomplishments and achievements of our students, faculty, alumni, and community in 2021. Please view our winter newsletter, and stay up to date on current events in Indian law with Turtle Talk and follow us on social media for information on future events!
Follow & Contact Us:
Twitter: @ILPCTurtleTalk
Instagram: @ilpc_turtletalk
Email: indigenous@law.msu.edu
Fifth Circuit Affirms 3-Year Prison Term for Theft of $18K from Choctaw Casino
Here are the materials in United States v. Nickey:
Unpublished opinion:
Briefs:
JUDGES NEEDED – 30th Annual National Native American Moot Court Competition on February 26-27th, 2022
JUDGES NEEDED FOR NATIONAL NALSA MOOT COURT COMPETITION
Colorado Law is hosting the 30th Annual National NALSA Moot Court
Competition on February 26-27th, 2022, virtually via Zoom. Law students from
across the country will take on the challenge of writing and arguing the most
compelling federal Indian law and tribal governance issues. Teams of two students
will write an appellate brief and give oral arguments addressing the same legal
problem using their own unique legal theories.
We are in need of Oral Argument Judges to sit on a panel of three and
individually score competitors via Zoom. Each Judge can determine the number of
rounds they participate in based on their availability. Please see our website rules
(https://www.nnalsamootcourt2022.com/downloads) if you are unsure whether you
qualify as a judge.
Volunteer Judges are critical to the success of this competition and we would
greatly appreciate your support. If you are interested in judging, sign up via the
form on our website: https://www.nnalsamootcourt2022.com/volunteer
If you have any questions or concerns, please email:
nationnalsa.mootcourt@gmail.com
Online Domestic/Family Violence Advocacy Training January 25-26, 2022
The Karuk Tribe, in partnership with Tribal Justice Support, Office of Justice Services, U.S. Department of the Interior–Indian Affairs, is hosting an online Domestic/Family Violence Advocacy training January 25-26, 2022.
Domestic/Family Violence Advocacy Training – January 25-26, 2022
Because Violence is Not Traditional
Are you, or someone you love, experiencing domestic/family violence? Do you present domestic/family violence cases in tribal court?
Gain direct knowledge from experienced tribal court judges, legal practitioners, and powerful interactive exercises.
Attend one or both days from any place with internet access via Zoom.
Day 1 is open to all and includes:
• What is domestic/family violence?
• Recognize the warning signs.
• How and where to get help.
• Obtaining a protective order.
Day 2 focuses on presenting domestic
violence matters in tribal court including
court arguments and witness examination.
For more information, or to register, email:
training@native-knowledge.com.
Native America Calling: The Native political issues to watch (Today!)
Here.
The description:
One year on from the start of Deb Haaland’s historic term as America’s first Indigenous Interior Secretary, Native political watchers give their insights into the major issues likely to make waves in 2022. Experts have their eyes on the future of the Indian Child Welfare Act, the jurisdiction questions unfolding in Oklahoma, rising Native political leaders and the back-and-forth over protecting important land.
Guests:
Matthew Fletcher (Grand Traverse Band of Ottawa and Chippewa Indians) – law professor at Michigan State University’s college of law and author of the “Turtle Talk” blog
Dr. Laura Harjo (Muscogee Creek Nation) – associate professor in Native American studies at OU and an affiliated faculty in the University of Oklahoma’s regional and city planning program
Kandi White (Mandan/Hidatsa/Arikara) – Native energy & climate campaign coordinator for the Indigenous Environmental Network
Edgar Blatchford (Inupiaq and Yupik) – associate professor of Alaska Native studies at the University of Alaska Anchorage and former chairman of the board
Lani Guinier Walks On
NYTs, here.
Professor Guinier came to the 2021 Michigan State Law Review symposium on Wenona Singel’s paper, “Indian Tribes and Human Rights Accountability.”
This one hurts a lot. Singel’s tribute on FB is worth a read.
.
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.
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