Here are the materials in Estate of Pretend Eagle v. United States (D.S.D.)
Joe Hillman and Clayton Fulton on Tribal Infrastructure and Sovereignty
Joe Hillman and Clayton Fulton have published “Tribal Infrastructure as a Road to Reclaiming Sovereignty” in the Washburn Law Journal.
Here is the abstract:
The ability to shape one’s built environment has always been tied to the idea of sovereignty, both at the levels of individual people and units of communal self-governance. Modern tribal infrastructure is overwhelmingly influenced by a top-down approach where money comes from the federal government and credit for infrastructure projects in tribal communities is a source of pride for distant politicians. This Essay explores the history between infrastructure and sovereignty and proposes that tribes aremore than capable of planning for their communities, and are likely better at it than the U.S. government.
Coalition of Large Tribes Comments on the Tax Treatment of Tribally-Chartered Corporations and Other Entities Organized by Tribes Under Tribal Law
The Indigenous Law & Policy Center (ILPC) and the Tribal In-House Counsel Association (TICA) Announce that Registration is Now Open for the 20th Annual Indigenous Law Conference
November 9-10, 2023 at MSU College of Law in East Lansing, MI
https://www.indigenouslawconference.com/
Click here for the agenda.
Friday 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
- Position title
- Location (city, state)
- Main duties
- Closing date
- Any other pertinent details, such as a link to the application
- An attached PDF job announcement or link to the position description
New Mexico Legal Aid
Director – Native American Program. Santa Ana, NM. New Mexico Legal Aid is seeking a Director for its Native American Program. The Native American Program (NAP) provides free legal services to low-income Native Americans living on or near the nineteen (19) Pueblos, and outreach and community education to the community of the Mescalero Apache Nation. NAP is funded by the Legal Services Corporation and is part of New Mexico Legal Aid’s statewide program. Deadline to apply: Until filled.
Catawba Indian Nation
Tribal Court Administrator. Rock Hill, SC. The Tribal Court Administrator is a supervisory administrative position responsible for developing, implementing and administering non-judicial functions and normal operations of the Catawba Nation Judicial Branch. The Court Administrator will assist with the daily clerical needs of the Tribal Court: court office management, case management, financial management, community relations, court safety, court building management, court performance, and court advancement. This position requires a high degree of competency and experience. Candidates without experience in court administration/operations or a closely related legal office, will not be considered. Closing Date: September 22, 2023 (open until filled).
Pine Tree Legal Assistance
Staff Attorney. Bangor, ME. Pine Tree Legal Assistance, Inc. is seeking a staff attorney for its Indigenous Peoples Unit. This is primarily a litigation position, and the attorney will be in court or appearing in administrative proceedings on a regular basis for low-income tribal members. Most cases are in the Passamaquoddy Tribal Courts and the Penobscot Nation Tribal Court. The attorney will also be responsible for creating client education materials, coordinating with tribal community partners, and performing outreach across the five Wabanaki tribal communities. Experience working with tribes and tribal members is strongly preferred. Position is open until filled.
California Indian Legal Services
Executive Coordinator. Sacramento, CA. The Executive Coordinator to the Executive Director is a highly visible position at CILS requiring interaction with a broad range of internal and external stakeholders and playing a key role in the fulfillment of our mission. This position provides overall administrative and project support to the Executive Director and serves as a key liaison to the Board of Trustees. The Executive Coordinator also has extensive interaction with other staff and community stakeholders. Professionalism, the ability to cultivate relationships, and flexibility to adapt to the changing needs and priorities of a growing organization are essential. This is a full-time position reporting directly to the Executive Director. We will accept applications until the position is filled.
Staff Attorney. Eureka Field Office but the option of fully remote is considered for CA residents only. Supervised by the Directing Attorney, the Staff Attorney will work collaboratively with other staff to provide exceptional legal services in all areas of Federal Indian law. Our fast-paced office provides legal services on issues of jurisdiction, tax, estate planning, trust assets, environmental law, natural resource development, tribal governance, employment, and the Indian Child Welfare Act (ICWA). The Staff Attorney will assume a varied caseload that may include: brief counsel and services to low-income Indian individuals; state and federal court litigation; contract negotiation; advising tribal clients; developing and implementing constitutions, codes, and policies for tribal clients; and making community presentations. The Staff Attorney will be expected to appear on behalf of tribal clients in state dependency actions where the ICWA is applicable. We will accept applications until we fill the position, but CILS does not accept incomplete applications. Open until filled.
Michigan Indian Legal Services
MMIP Attorney. Traverse City, MI. Michigan Indian Legal Services (MILS) has a 3-year grant-funded attorney position to work out of its Traverse City, Michigan office. The focus of this position will be to increase access to free legal services to help decrease the number of Native Americans vulnerable to becoming missing or murdered and to support family members of those missing or murdered. This position will require overnight travel. (Starts October 1, 2023).
MMIP Legal Assistant. Traverse City, MI. Michigan Indian Legal Services (MILS) has a 3-year grant-funded Legal Secretary/Assistant position to work out of our Traverse City office. The focus of this position will be to increase access to free legal services to help decrease the number of Native Americans vulnerable to becoming missing or murdered and to support family members of those missing or murdered. This position will require overnight travel. The Legal Secretary/Assistant will primarily be working with a full-time attorney under the grant on their state-wide case work, performing intakes, maintaining client files. (Starts October 1, 2023).
Part-time Legal Assistant. Traverse City, MI. Michigan Indian Legal Services (MILS) has an opening for a part-time Legal Secretary/Assistant to work out of our Traverse City office. The Legal Secretary/ Assistant will primarily be aiding attorneys with their state-wide case work, performing intakes, maintaining client files. Open until filled.
Rothstein Donatelli LLP
Associate Attorney – Indian Law. Tempe, AZ. Rothstein Donatelli LLP has offices in Santa Fe and Albuquerque, New Mexico, and Tempe, Arizona. The Tempe office is seeking an associate attorney for its Indian law practice group. The ideal candidate will have three or more years of experience with a demonstrated commitment to the highest quality of legal practice, excellent research and writing skills, and an interest in representing tribal Nations. Experience in Indian law is not required. Open until filled.
St. Croix Chippewa Indians of Wisconsin
Staff Attorney. Siren, WI. Provides legal representation to the St. Croix Chippewa Indians of Wisconsin. The candidate will assist the St. Croix Legal Department in legal research, drafting documents, contract review, and review/revise existing St. Croix code of laws. The candidate must be barred in the State of Wisconsin. Indian preference applies. Open until filled.
Walsh Gallegos Treviño Kyle & Robinson PC
Associate Attorney. Albuquerque, NM. The position calls for an attorney who can successfully work to defend public schools and other governmental entities on issues involving special education/disability rights litigation as well as provide advice and consultation to public schools in the area of special education/disability rights. Attention to detail and excellent research and writing skills are required. Public speaking experience, strong interpersonal skills, IDEA due process proceeding and litigation experience, State and OCR Complaint experience, and experience with school districts or other governmental entities are preferred. A background in special education or education is a plus, as is experience representing governmental entities in federal litigation.
Associate Attorney. Albuquerque, NM. The position involves the representation of public school districts and other educational institutions in areas of labor and employment, governance including Open Meetings Act and Inspection of Public Records Act, administrative law, real estate, construction, business issues, and student issues, including civil rights/constitutional law/disability law. Attention to detail, strong organizational skills, and excellent research and writing skills are required. Public speaking experience, strong interpersonal skills, and experience with school districts or other governmental entities is preferred.
Oglala Lakota Housing Authority
Request for Proposals for Administrative Law Judge. The Oglala Lakota Housing Authority (“OLHA”) is requesting proposals from qualified individuals and firms for judicial services for administrative eviction and personnel proceedings. The applicant shall provide the following services: Preside over Office of Eviction Hearings proceedings; Approval of the issuance of subpoenas; Review all pleadings submitted prior to the hearing ; Research and analyze laws, regulations, policies, and precedential decisions to prepare for hearings and to issue orders; explain the procedure for the eviction or personnel hearings to the parties before beginning; other duties as assigned. Closes on Thursday September 21 at 4:30 PM MT.
To view last week’s job announcements, please click here.
Line 5 Recommendations from the United Nations Permanent Forum on Indigenous Issues
In a Report from the Twenty-Second Session the United Nations Permanent Forum on Indigenous Issues, Economic and Social Council issued a recommendation on Line 5:
- The Permanent Forum calls upon Canada to re-examine its support for the
Enbridge Line 5 oil pipeline, which jeopardizes the Great Lakes in the United States.
The pipeline presents a real and credible threat to the treaty-protected fishing rights
of Indigenous Peoples in the United States and Canada. The Permanent Forum
recommends that Canada and the United States decommission Line 5.
ASU-UCLA Gathering of Indigenous Legal Scholars Part 3
Connecticut Law Review Symposium on Brackeen, Oct. 6
Here.
Connecticut Law Review Symposium:
Interrogating Haaland v. Brackeen
Family Regulation, Constitutional Power, and Tribal Resilience
Friday, October 6, 2023 | 12:00 pm-2:30 pm ET
Virtual
The Connecticut Law Review invites you to their 2023 symposium:
Interrogating Haaland v. Brackeen: Family Regulation, Constitutional Power, and Tribal Resilience
The litigation that led to Haaland v. Brackeen threatened to take down not only the Indian Child Welfare Act, but vast swaths of federal Indian policy and federal law. Instead, the Supreme Court’s decision left ICWA unscathed and affirmed the constitutional relationship between tribal nations and the United States. But threats to Native families and tribal sovereignty continue.
Native children continue to be removed from their communities by a well-funded market for adoptable children. A handful of states and interest groups continue to seek ways to undermine tribal authority and federal laws that support it. And because the Supreme Court held that the Brackeen plaintiffs lacked standing to raise their equal protection challenges to ICWA, those claims can be raised another day.
Leading scholars, attorneys, and tribal leaders, including Chairwoman Andrews-Maltais, Gregory Ablavsky, Laura Briggs, Seth Davis, Kate Fort, Ian Gershengorn, and Gerald Torres, will explore these and other issues raised by the decision in this symposium.
UNLV Law CLE on Brackeen, Sept. 20
After Brackeen: Outcomes and Implications of the Supreme Court’s Decision Upholding the Indian Child Welfare Act
Approved for 2 Nevada MCLE Credit
September 20, 2023
Virtual
10:00 a.m. – 12:00 p.m (Pacific Time)
Registration is required
Click Here To Register for The Virtual Webinar
~~~~~~~~~
In Person UNLV Student Viewing and Discussion (Lunch Provided)
10:00 a.m. – 12:00 p.m (Webinar Viewing) / 12:00 p.m. – 1:00 pm (Discussion)
Boyd School of Law Room 203
In Person Registration is required
Click Here To Register For the Student Only In Person Discussion
In June, the Supreme Court issued its long-awaited decision in Brackeen v. Haaland upholding the federal Indian Child Welfare Act. Enacted in 1978, the ICWA affirms tribal jurisdiction over state child welfare matters and sets uniform standards for child welfare cases involving Indian children. As the Court recognized, the law was a necessary and largely successful action by Congress to reverse decades of federal and state campaigns to remove Native children from their homes and sever ties between tribes and their children. The Court rejected several challenges to the law that, if accepted, would have had devastating consequences for children, families, and tribal sovereignty.
Brackeen was a major victory for tribes and Native children. The majority opinion by Justice Barrett, and concurring arguments by Justice Gorsuch, addressed questions about Congressional power over Indian affairs, tribal sovereignty, and equal protection. As a follow up to our November 2022 webinar, which explored the various arguments and the impact of a potential decision on tribal courts and jurisdiction, this webinar will bring together experts in the field to explain the decision, its practical and jurisprudential significance, and what it portends for future cases involving the ICWA and tribal sovereignty.
Featured Panelists:
- Brooke Pinkham, Staff Director of the Center for American Indian Law & Policy at Seattle University of Law
- Kathryn Fort, Director of Clinics, Director of the Indian Law Clinic at Michigan State University College of Law
- Gregory Ablavsky, Marion Rice Kirkwood Professor of Law at Stanford Law School
- Bethany Berger, Wallace Stevens Professor of Law at UConn School of Law
- Alyssa Connolly, Tribal Attorney, Stillaguamish Tribe of Indians
- Debra Gee, Chief Counsel, Office of Tribal Justice Administration Chickasaw Nation
ASU-UCLA Gathering of Indigenous Legal Scholars — Part 2
Turtle Talk 
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