Turtle Talk

The Supreme Court ruling in McGirt v. Oklahoma drastically changed the legal jurisdiction of most of the state of Oklahoma under federal law. In 2017 the 10th Circuit held in Murphy v. Royal that the Oklahoma Enabling Act of 1906 never disestablished the reservations of the Five Civilized Tribes and the Supreme Court would concur with that opinion in McGirt v. Oklahoma which means that the Major Crimes Act and other federal and tribal laws relating to Indians now apply in Eastern Oklahoma, including the City of Tulsa, and not Oklahoma law in applicable cases. In doing so, the Supreme Court inadvertently created a white-collar crime jurisdictional nightmare but one that has many solutions that enshrine tribal sovereignty and corporate responsibility among Tulsa based businesses. These solutions include state and tribal compacts, congressional legislation and proactive measures by Tulsa corporations such as “McGirt forms” that list Indian status of involved parties under federal law in case of a crime, choice of law provisions in contracts for civil suits in Tribal Courts so that corporations know what to expect and can shape the outcome of a case and working with local law schools so that new hires are prepared for the post McGirt and Castro-Huerta landscape.

Kevin Washburn on the Biden-Harris Administration’s Expanding Work with Tribes

July 31, 2023Matthew L.M. Fletcher

Kevin Washburn has posted “The March of Co-Management — The Biden-Harris Administration’s Expanding Work with Tribes” on SSRN.

Here is the abstract:

In response to a request from the Foundation of Natural Resources and Environmental Law for a description of the Biden-Harris Administration’s efforts to increase the role of tribal communities in federal land management, this essay provides a variety of ways that the Biden-Harris Administration has worked to provide a stronger relationship between the federal government and tribal governments. These efforts include historic appointments of Native Americans to significant positions, especially in the areas governing natural resources in the federal government. It also includes better processes for incorporating traditional ecological knowledge into decision making, enhancing efforts at tribal consultation, and dramatically increased appropriations for tribal governments. The essay also explains how tribes fit within broader administration priorities, such as the American the Beautiful initiative to conserve 30 percent of American land by 2030, and the Justice 40 initiative, providing 40 percent of federally-appropriated funds invested in support of the clean energy transition to communities burdened by traditional energy infrastructure.

Alexandra Fay on Criminal Jurisdiction and Federalism in Indian Country

July 31, 2023Matthew L.M. Fletcher

Alexandra Fay has posted “Criminal Jurisdiction and Federalism in Indian Country” on SSRN.

Here is the abstract:

This Article examines criminal jurisdiction in Indian Country to describe tribal status in American federalism. In 2022, Congress and the Supreme Court altered the already byzantine scheme of criminal jurisdiction on tribal land through the Reauthorization of the Violence Against Women Act and Oklahoma v. Castro-Huerta, respectively. By instating both tribal and state jurisdiction over a common class of offenders without any structure for coordinating prosecutions, VAWA and Castro-Huerta have necessitated a new kind of inter-sovereign cooperation — in other words, a federalism problem.

To understand the import of these jurisdictional shifts, the Article traces the history of tribal criminal jurisdiction from the American War of Independence to the present. The national policies and decisions that shaped this record can be characterized by both a persistent distrust of tribal justice and an enduring recognition for tribal sovereignty. Given the historic antagonism between the subordinate sovereigns, namely states’ penchant for ignoring and undermining tribal governance, tribes have good reason to be wary of concurrent jurisdiction today.

At its heart, this Article is a study of federalism. It adapts existing theories of federalism to illuminate tribal political status and suggestions federalism values (e.g. innovation, local self-determination, minority empowerment) to guide tribal sovereigns’ continued integration into American constitutionalism. Ultimately, it presents a federalism argument for tribal sovereignty.

Fascinating New Scholarship on the “Wendigocene”

July 31, 2023Matthew L.M. Fletcher

Jonelle Walker has published “Wendigocene: A Story of Hunger” with the Turtle Island Journal of Indigenous Health.

Highly recommended.

The abstract:

My mother once told me that if you speak about Wendigos out loud, they will come. They are cannibals, flesh eaters, spirit eaters. Wendigos survive by consuming the life of others without reciprocity, care, consent, or regard in the name of personal gain or profit. Growing up, I was taught that the Wendigo condition was something that you caught like a disease or that grew within yourself like a cancer. They were monsters, they were the closest thing we had to “human.” Afterall, according to the ideological lineages of Marxism, liberal Enlightenment, and settler colonialism, to be “human” is to be a monster, a capitalist, a cannibal. Each of these ideological lineages root the definition of the “human” in transcendence, defined by property, exhibited through man-made aesthetics rooted in capital, white supremacy, anti-Black racism, anti-Indigeneity, and a false human/nature divide. In this paper, I argue that the term “Anthropocene”, much like the “human” it centers, requires an ontological limiting that fails to encapsulate the fullness of Anishinaabe worlds, but most importantly Anishinaabe responsibility to each other. I offer a reframing from my positioning, where the last 500 years of apocalypses can be theorized through an analysis of the rise of the Wendigos. In conversation with other critiques of the well-problematized “Anthropocene,” this contribution offers a theoretical exploration of Wendigo theory to further support that the term “Anthropocene” is reflective of itself (Davis & Todd, 2017, p. 761-780). I suggest the term “Wendigocene” as an alternative to “Anthropocene” within the context of Anishinaabe communities for Indigenous theorists, as this reframing invokes a responsibility to care for our relations and exercise abolitionist legal praxes which are central to our sovereignty.

Job Announcements

July 29, 2023Arianna Morseau

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

Wilton Rancheria

Tribal Court Director. Elk Grove, CA. The Tribal Court Director (Clerk of the Court) is the supervisory administrative position of the Tribal Court of Wilton Rancheria. The Tribal Court Director provides a variety of legal advice, counseling, research, and related legal services in support of the overall operation of the Wilton Rancheria Judicial Branch. Closing Date: August 14, 2023.

Coeur d’Alene Tribe

Tribal Prosecutor. Plummer, ID. Represents the Coeur d’Alene Tribe in Tribal Court in criminal prosecutions, youth in need of care (dependency) actions, exclusion proceedings, truancy filing and certain civil code violations. Main duties include, filing decisions for all criminal violations, both adult and juvenile, and youth in need of care petitions in the Tribal Court and advise the Tribal Police and the Social Services Department. The position is open until filled.

New Mexico Legal Aid, Inc.

Director – Native American Program. Santa Ana Pueblo, NM. For this position, the Director is responsible for overseeing the Native American Program including: The provisions of legal services, performing administrative duties, and working in close collaboration with other members of NMLA’s management team, organizing and participating in community education and outreach activities to the various Pueblo communities, collaborating with tribal agencies and organizations, being active in local bar and community activities. Deadline: August 15, 2023 (or until filled)

University of Arizona James E Rogers College of Law

Clinic Director. Tucson, AZ. Our clinic website is here, and the clinic is also affiliated with the University’s Natural Resource Users Law & Policy Center. Please encourage your networks and law fellows to apply! The position will remain open until filled.

Maine Indian Tribal-State Commission

Executive Director. Trescott, ME. Pursuant to the strategic direction of the Commissioners, the Executive Director will be responsible for the management of Commission projects and activities, including organizing Commission meetings; supervision of staff and contractors; legislative and policy work; education; research and production of studies and reports; finances; fundraising; maintenance of records; and general office management. Applications due by 8/21/2023.

Senate Committee on Indian Affairs

Policy Advisor/Counsel. Washington, D.C. Work on Indian Affairs matters within the Committee’s jurisdiction, including public safety, voting, land and natural resources, transportation infrastructure, and economic development policy. Closing date: August 2, 2023.

Earthjustice

Associate Attorney, Rocky Mountain Office. Denver, CO. Earthjustice is seeking Associate Attorneys to join our Rocky Mountain Regional Office. The Associate Attorney position is a three-year position with the opportunity for a three-year extension as a Senior Associate Attorney. The position requires 1-5 years post-law-school legal experience and will begin in January or April 2024. Apply By Date: 8/20/2023.

Associate Attorney, California Regional. Los Angeles, CA or San Francisco, CA. We are accepting applications for an Associate Attorney to conduct legal advocacy, including administrative advocacy and litigation, with the California Regional Office. The position requires 1-5 years post-law school legal experience. This role may be based in Los Angeles or San Francisco. Apply By Date: 8/13/2023.

Legal Practice Assistant, Alaska. Juneau, AK. Earthjustice is seeking applications for a full-time Legal Practice Assistant to join the Alaska Regional Program. This role is based in our Juneau, Alaska office. Our ideal candidate would be available to start as soon as possible. Apply By Date: 8/6/23.

National Council of Urban Indian Health

Director of Congressional Relations. Washington D.C. Reporting to the Vice President of Policy and Communications, the Director of Congressional Relations will have both internal and external facing responsibilities to advance the mission of NCUIH through excellence in policy, advocacy, outreach, technical assistance, research projects and related programs. Closing Date: 8/31/23.

Kadiak, LLC

Assistant Project Manager. Anchorage, AK. Essential Functions, Responsibilities & Duties may include, but are not limited to: Work directly with the Tribal Court Project Manager to implement goals and objectives of projects, work cooperatively with Team Kadiak, interns and/or externs to implement project goals, as needed, assist in meeting goals and objectives of the training and technical assistance contracts and agreements, overview project goals and ensure project goals are achievable. liaise with project lead and other project managers to maintain project schedule and efficacy. Closing Date: Until filled.

Mille Lacs Band of Ojibwe

Deputy Solicitor General. Onamia, MN (Remote). Advise Band executive staff, legislative staff, and the Solicitor General on the interpretation, application, and enforcement of laws and regulations. Assist in drafting legislation and reviewing proposed legislation. Assist in the representation of the Band in civil actions brought by or against the Band, on all legal issues and at functions related to assigned responsibilities. Prepare and present cases in the Band’s judicial system. Review drafts of laws, rules, and regulations affecting Band operations and administration. Assure that other divisions within the Band are updated on pertinent legal issues. Coordinate regulatory and administrative projects as assigned. Ensure Band members have access to capable legal representation when needed. Other duties as assigned. CLOSING DATE: Until Filled.

The Catawba Nation

Fall 2023 Legal Internship. Remote. Interns will assist the Nation’s Legal Department by researching pertinent issues and drafting ordinances, memoranda, and policies. Interns will be asked to work remotely. The closing date to apply for the Internship is August 19, 2023.

Nevada Legal Services

Legal Assistant/Secretary. Carson City, NV. Provide support to attorneys and staff by performing clerical duties, answering phones, conducting intake, managing outreach, preparing correspondence to attorneys and clients, filing documents, and managing case files. Perform other duties as assigned. Closing date: Open until filled.

U.S. House of Representatives Committee on Natural Resources, Democratic Staff

Deputy Chief Counsel (Democratic Staff). Washington, DC. The primary responsibility of the position is to assist the Chief Counsel in advising the Ranking Member and other Committee Democrats on the rules and the procedures of the Committee and the House. The position entails: legislative drafting; jurisdictional analysis; advising on parliamentary procedure; acting as liaison to Republican staff, other congressional committees and offices, and Executive agencies; and providing general legal counsel to the Ranking Member and Democratic Staff on topics in the Committee’s jurisdiction, including Federal Indian Law and statutes governing the conservation and development of public lands and waters. Closing Date: August 21, 2023.