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Violence Against American Indian Women — UN Committee on the Elimination of Racial Discrimination Review of US to be Webcast

Kirsten Matoy Carlson

Today, August 13th, the UN Committee on the Elimination of Racial Discrimination (CERD) will begin a two-day review of the United States’ compliance with the International Convention on the Elimination of All Forms of Racial Discrimination.  The review, which will include questioning of U.S. representatives, will be webcast from Geneva on August 13, 9:00 a.m. to noon (ET), and on August 14, from 4:00 p.m. to 7:00 a.m. (ET) at www.treatybodywebcast.org.

To help inform CERD’s review, the NCAI Task Force on Violence against Women, National Indigenous Women’s Resource Center, Clan Star, Inc., and Indian Law Resource Center submitted a joint shadow report “Violence Against American Indian and Alaska Native Women — United States’ Violations of the International Convention on the Elimination of All Forms of Racial Discrimination.”  The shadow report is available at

http://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/USA/INT_CERD_NGO_USA_17549_E.pdf. 

For more on CERD, visithttp://www.ohchr.org/EN/HRBodies/CERD/Pages/CERDIndex.aspx.

 

Eighth Circuit Briefs in Lee v. Cleve Her Many Horses (Challenge to Oglala Sioux Tribal Govt.)

Matthew L.M. Fletcher1 Comment

Here:

Lee Opening Brief

Cleve Her Many Horses Answer Brief

Tribal Appellees Answer Brief

Lee Reply Brief

Lower court materials here.

Job Posting – Associate Solicitor for Indian Affairs at the Department of the Interior

bryannewland

The Department of the Interior has posted a job opening for the Associate Solicitor – Indian Affairs.  The Associate Solicitor would provide legal counsel to the Assistant Secretary – Indian Affairs, the Director of the BIA, and other decision-makers to help shape the Department of the Interior’s Indian policy.  The Associate Solicitor also has the opportunity to meet with tribal leaders and attorneys from around the United States to help address tribal issues. This is a great opportunity for Indian law practitioners to help shape the course of the federal government’s Indian policy, and will build a strong foundation for a career after public service. 

https://www.usajobs.gov/GetJob/ViewDetails/374084100

Job Title:Associate Solicitor – Indian Affairs

Department:Department Of The Interior

Agency:Office of the Solicitor

Job Announcement Number:SOL-SES-2014-0006

SALARY RANGE:

 $120,749.00 to $181,500.00 / Per Year

OPEN PERIOD:

 Friday, June 27, 2014 to Friday, August 15, 2014

SERIES & GRADE:

 ES-0905-00

POSITION INFORMATION:

 – – This is a Permanent Full-Time appointment.
 

DUTY LOCATIONS:

 1 vacancy in the following location:
District of Columbia, DC View Map

WHO MAY APPLY:

 Applications will be accepted from all groups of qualified individuals who are U.S. Citizens.

SECURITY CLEARANCE:

 Public Trust – Background Investigation

SUPERVISORY STATUS:

 Yes

 

 

Grand Traverse Band and Little River Band Mourn the Loss of Two Prevalent Tribal Members

maanee7631 Comment

On Wednesday, July 9, 2014, George “Skip” Duhamel, a member of the Grand Traverse Band of Ottawa and Chippewa Indians (GTB), walked on to the spirit world, leaving behind family and friends to remember and mourn his loss.  Skip was a GTB treaty fisher who long ago followed in his father, Arthur Duhamel’s footsteps, to exercise treaty fishing rights.  Skip stood firm in his belief that these rights were inherent, and fought vigorously to establish, then preserve them, for future GTB tribal members–true to the seven-generation teachings. The landmark case resulting from such a fight, GTB v Director, MDNR, et al, was upheld on appeal in 1998, and proved to be a great victory for Indian treaty rights. The opinions are included with this article.

Skip was also known to be a sensitive artist and a silver-smith; and in his youth, protector of younger Indians in the tribal community.

His obituary is included with this post; it outlines additional accomplishments and information about Skip’s legacy.  Skip was a wonderful father, son, and friend to all who knew him and he will be sorely missed by the tribal community and the non-native community as well.

~~~~~~~~~~~~~~~~~~~~~~~

Earlier this week, on Sunday, July 6, 2014, Robert “Bobby Joe” Memberto, a member of the Little River Band of Odawa Indians (LRB), and LRB Director of Commerce, also walked on to the spirit world.  An article on Bobby Joe can be found here: http://www.mlive.com/news/muskegon/index.ssf/2014/07/little_river_band_of_ottawa_in_1.html

Bobby Joe was a wonderful friend and family man. He was well known throughout Michigan’s Indian community, as well as the non-native communities. Governor Snyder wrote a letter of condolences to Bobby Joe’s family, which was read at service and feast held in Bobby Joe’s honor on July 9th.  Bobby Joe will be greatly missed by LRB and GTB communities, as well as the non-native community.

Second Circuit En banc Petition by Stockbridge-Munsee Community

Matthew L.M. Fletcher1 Comment

Here:

6-30-14 Petition for Rehearing En Banc

An excerpt:

The panel decision conflicts with the May 19, 2014 decision of the United States Supreme Court in Petrella v.Metro-Goldwyn-Mayer, Inc., 134 S.Ct. 132; 188 L.Ed.2d 979 (2014) (Petrella). Petrella held that courts may not override Congress’ judgment and apply equitable defenses to summarily dispose of claims at law filed within a statute of limitations established by Congress. The panel’s Per Curiam decision ruled that Plaintiff-Appellant Stockbridge-Munsee Community’s (Stockbridge) damages claims, which were filed within the congressionally established limitations period, are barred by the Sherrill equitable defense. Stockbridge-Munsee Cmty. v. New York; Slip Op. at 8, 2014 WL 2782191 (2d Cir. June 20, 2014) (Slip Opinion attached as Appendix). The panel’s failure to follow Petrella warrants en banc review under Fed. R. Civ. P. 35.

Panel materials here.

Nooksack COA Issues Opinion in Lomeli v. Kelly Contempt Appeal

Matthew L.M. Fletcher

Here:

Lomeli v Kelly COA Opening Brief re Contempt of Court

Lomeli v Kelly COA Contempt Response Brief of Appellees

Lomeli v Kelly COA Contempt Reply Brief re Contempt of Court

Lomeli v Kelly COA Opinion re Contempt

Lower court order here.

New Scholarship on Employment Preferences and Statutory Exemptions for Alaska Native Corporations

Matthew L.M. Fletcher2 Comments

Gregory S. Fisher & Erin “Faith” Rose have published “Selling Ice in Alaska: Employment Preferences and Statutory Exemptions for Alaska Native Corporations 40 Years After ANCSA” in the Alaska Law Review.

Here is the abstract:

In 1971, Congress enacted the Alaska Native Claims Settlement Act (ANCSA) in order to settle land disputes between Alaska Natives and the federal government. ANCSA established Alaska Native Corporations (ANCs), which were tasked with managing settlement funds to provide for the health, education, and economic welfare of Alaska Natives. To enable the ANCs to promote the interests of their shareholders, Congress exempted ANCs from certain employment restrictions contained in Title VII of the Civil Rights Act, but did not exempt ANCs from other worker-protective legislation. In subsequent decades, courts reviewing the preferential practices of ANCs have often construed these statutory exemptions narrowly, thus exposing ANCs to liability under various anti-discrimination statutes. This Article argues that Congress never intended to subject ANCs to these pieces of worker-protective legislation, despite court holdings to the contrary. The Article proposes two possible solutions to this discrepancy: (1) congressional amendment of ANCSA to clarify and further limit the extent of ANC liability; and (2) judicial adoption of a two-part test which would consider employment policies giving preference to Alaska Native shareholders in light of Congress’s intent to protect such preferences.

Second Amended Complaint in Stand Up for California v. Dept. of Interior

Matthew L.M. Fletcher4 Comments

Here:

84 Second Amended Complaint

Prior post on this matter here. The district court previously had stayed the case:

77 DCT Stay Order

A related state court complaint is here.

Sen. Tester’s Comments on Native Political Appointees

Matthew L.M. Fletcher

From yesterday:

I rise in support of the nominations of three distinguished Native American leaders, Vince Logan, Keith Harper, and Diane Humetewa. These individuals have been nominated to positions that are crucial to Indian country and to our nation. It is our responsibility to make sure that they can begin this challenging work. I think it is fair to say that no one in this chairman is happy about how the nominations have been handled. There are reasons and frustrations on both sides of the aisle, and I understand that. But in the case of these nominees, it is long past time to act.

Minnesota Legislature Unhappy with Online Lottery Expansion

Andrew Adams III

The Minnesota Lottery rolled out online sales of PowerBall, Mega Millions, and other lottery tickets four years ago and earlier this year debuted instant online scratch off games. It seems that the online scratch offs have illicit the ire of members of the Minnesota Legislature. Some of the Legislators are calling what the Minnesota Lottery is doing as “online crack.” Interesting articles about this can be found at the following:

Pioneer Press

Star Tribune

CBS Minnesota

SCTimes