Here are the materials in Tsosie v. NTUA Wireless LLC (D. Ariz.):
Arizona Federal Court Holds Business 51% Owned by Navajo Company Not Immune from Title VII Suit
Tenth Circuit Decides Hooper v. City of Tulsa . . . Hooper 7, Tulsa 0
Here is the opinion in Hooper v. City of Tulsa.
Michael Doran on the Implications of Oklahoma v. Castro-Huerta
Michael Doran has posted “Tribal Sovereignty Preempted,” forthcoming in the Brooklyn Law Review, on SSRN. Here is the abstract:
In June of 2022, the U.S. Supreme Court held in Oklahoma vs. Castro-Huerta that a state may prosecute a non-Indian for a crime committed against an Indian within Indian country. That decision effectively overruled Worcester vs. Georgia, an 1832 landmark case in which Chief Justice Marshall said that state law “can have no force” in Indian country. Although the conventional wisdom sees Castro-Huerta as a radical departure from first principles of federal Indian law, I argue that it is the natural – although deeply deplorable – next step in a long line of Supreme Court decisions expanding state governmental authority within Indian country. Additionally, this line mirrors a separate line restricting tribal governmental authority within Indian country. Through a critical examination of these decisions, I show how the Supreme Court over the last half century has systematically privileged state interests and the interests of individual non-Indians over tribal interests and that, in so doing, the Court has arrogated to itself the political function of defining tribal sovereignty. I argue that Congress should reject the Court’s relentless subordination of Indian interests to non-Indian interests and reassert its role in defining and defending a robust conception of tribal sovereignty.
New Anishinaabe Student Scholarship on International Atrocity Crimes and Canadian Boarding Schools
Alyssa Couchie has published “ReBraiding Frayed Sweetgrass for Niijaansinaanik: Understanding Canadian Indigenous Child Welfare Issues as International Atrocity Crimes” in the Michigan Journal of International Law.
Here is the abstract:
The unearthing of the remains of Indigenous children on the sites of former Indian Residential Schools (“IRS”) in Canada has focused greater attention on anti-Indigenous atrocity violence in the country. While such increased attention, combined with recent efforts at redressing associated harms, represents a step forward in terms of recognizing and addressing the harms caused to Indigenous peoples through the settler-colonial process in Canada, this note expresses concern that the dominant framings of anti-Indigenous atrocity violence remain myopically focused on an overly narrow subset of harms and forms of violence, especially those committed at IRSs. It does so by utilizing a process-based understanding of atrocity and genocide that helps draw connections between familiar, highly visible, and less recognized forms of atrocity violence, which tend to be overlapping and mutually reinforcing in terms of their destructive effects. This process-based understanding challenges the neocolonial, racist, and discriminatory attitudes reflected in the drafting and interpretation of the Genocide Convention and other atrocity laws that ignore the lived experiences of subjugated groups. Utilizing this approach, this note argues that, as applied to Indigenous populations, Canada’s longstanding discriminatory child welfare practices and policies represent an overlooked process of anti-Indigenous atrocity violence. Only by understanding current child welfare challenges facing Indigenous communities as interwoven with longstanding anti-Indigenous atrocity processes, such as the IRS system, can we understand what is at stake for affected communities and fashion appropriate remedies in international and domestic law.
New Scholarship on #LandBack and Federal Public Lands
Audrey Glendenning, Martin Nie & Monte Mills have published “Some Land Back: The Transfer of Federal Public Lands to Indian Tribes since 1970” in the Natural Resources Journal.
The abstract:
Federal public lands in the United States were carved from the territories of Native Nations and, in nearly every instance, required that the United States extinguish pre-existing aboriginal title. Following acquisition of these lands, the federal government pursued various strategies for them, including disposal to states and private parties, managing lands to allow for multiple uses, and conservation or protection. After over a century of such varied approaches, the modern public landscape is a complex milieu of public and private interests, laws and policies, and patchwork ownership patterns. This complexity depends on—and begins with—the history of Indigenous dispossession but subsequent developments have created additional layers of complication. Recently, a broad social movement, captured succinctly by the social media hashtag “#Landback” and including some American Indian tribes, has begun calling for the restoration of the nation’s lands to Native ownership, including the transfer of all public lands to tribal hands. This article aims to contextualize and assess the more recent history of the transfer of federal public lands to Indian tribes, which has often taken the form of the United States transferring such lands into trust ownership for the benefit of a particular tribe. The article is the first comprehensive collection and analysis of 44 statutes enacted by Congress from 1970 to 2020 that transfer ownership interests in public lands to federally-recognized Indian tribes. These statutes are bookended by the return of Blue Lake to Taos Pueblo in New Mexico (1970) and the return of the National Bison Range to the Confederated Salish and Kootenai Tribes in Montana (2020). Analysis of these laws surfaces common themes and provisions related to the political dynamics of such congressional actions and the terms of post-transfer tribal or federal management. In particular, the article relies on four primary case studies to provide background, context, and detail in illustrating these themes : (1) Blue Lake on the Carson National Forest to Taos Pueblo, (2) the Western Oregon Tribal Fairness Act, (3) Chippewa National Forest land to the Leech Lake Band of Ojibwe in Minnesota, and (4) the National Bison Range to the Confederated Salish and Kootenai Tribes in Montana. These examples are representative of the larger catalog of transfer statutes and demonstrate the variation and complexity associated with each individual transfer situation. Hopefully, this first-ever collection of these laws will provide a practical grounding and depth of understanding for those considering or advocating for “#Landback.” More broadly, these examples and the common themes that tie them together raise important questions about the historical and continuing patterns of public land ownership and control.
ACS Broken Law Podcast on Brackeen Featuring Wenona Singel
Here is “A Win for Tribal Sovereignty.”
California COA Rejects Effort to Force Release of Gaming Funds through Attorney’s Lien
Here are the materials in Corrales v. California Gambling Control Commission:
Briefs:
Tribal Law Journal Vol. 22
Here:
Professional Articles
Tomasz G. Smolinski, A Proposal for a Model Indigenous Intellectual Property Protection Tribal Code (MIIPPTC), 22 Tribal L.J. 3 (2023).
Dustin Jansen, The Role of United States v. Cooley and McGirt v. Oklahoma in Determining Criminal Jurisdiction in Indian Country, 22 Tribal L.J. 30 (2023).
Wesley James Furlong, “Subsistence is Cultural Survival”: Examining the Cultural and Legal Framework for the Recognition and Protection of Traditional Cultural Landscapes within the National Historic Preservation Act, 22 Tribal L.J. 51 (2023).
Student Articles
Noah Allaire, Experiments in Legal Hybridity: From Indian Tort Law to Tribal Tort Law, 22 Tribal L.J. 122 (2023).
Alejandro Alvarado, Tribes and H-1Bs: A Call to Reconcile U.S. Immigration Policy and Tribal Governments Through Employment-Based Visas, 22 Tribal L.J. 151 (2023).
Micah S. McNeil, Traditional Tlingit Law and Governance and Contemporary Sealaska Corporate Governance: Four Core Values and a Jurisprudence of Transformation, 22 Tribal L.J. 168 (2023).
Introducing the 23rd Annual California Indian Law Conference!
This year’s conference will take place October 2-3, 2023, at Graton Resort & Casino located near San Francisco, CA. Registration is now open and available at: https://www.eventbrite.com/e/23rd-annual-california-indian-law-conference-tickets-641806028107?aff=oddtdtcreator. Interested sponsors may contact info@calindianlaw.org.
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
Pokagon Band of Potawatomi Indians
Strategic Planning Services. Dowagiac, MI. Provide strategic planning services to the Pokagon Band. Closing date: June 30th, 2023
University of New Mexico School of Law, Albuquerque, New Mexico
Director of Bar Exam Success. Albuquerque, NM. The Office of Student and Career Services at the UNM School of Law invites applicants for the position of Director of Bar Exam Success. Our dedicated team is committed to helping law students and graduates reach their full academic potential and employment goals. Main Duties: Designs, leads, coordinates, implements, and assesses integrated school wide academic programs aimed to increase law graduates’ success on the bar exam through collaboration with faculty and administration. Teaches or assists in the coordination of for credit bar strategies courses. Tracks all students’ preparation for the bar exam and performance on the exam. Monitors bar exam developments in New Mexico and nationally. Evaluates new developments in the delivery of bar support by law schools. Has knowledge and understanding of multicultural and disability issues. Ability to build rapport with all students, especially at-risk students. JD preferred. For Best Consideration date: 7/25/2023.
Bay Mills Indian Community
Attorney. Brimley, MI. The attorney works under the direct supervision of the President of the Bay Mills Indian Community and Bay Mills Community College, and provides strategic legal advice as counsel for and on behalf of the Bay Mills Indian Community, and all its governmental and commercial entities to advance compliance with applicable laws, to appear as such before all federal, state and tribal courts, tribunals, departments, agencies and committees of Congress and the State legislatures, including services in connection with tribal claims against the United States. Work directly in developing tribal legislation, public policy, regulations, and represent Bay Mills in cases related to federal Indian law, the Indian Child Welfare Act, Indian gaming, environmental law, or natural resource law. Closing Date: Open Until Filled.
Office of the Governor, State of Michigan
2023 Fall Law Clerkship. Lansing, MI. Lawyers in the Office of Legal Counsel serve as the Governor’s attorneys, providing analysis and advice on all legal and policy issues that involve the Governor. This includes a wide array of functions, including interpreting federal and state laws. advising the Governor and senior staff on legislation that may impact the powers and authorities of the Governor and the Governor’s office, and serving as the Governor’s lead advocate on litigation involving the Governor’s office and state agencies. Deadline: July 7, 2023.
Yakama Nation
Assistant Tribal Prosecutor. Toppenish, WA. The Assistant Tribal Prosecutor provides professional legal prosecutorial work for the Yakama Nation to defend the Treaty of June 9, 1855 (12 Stat. 951) and the inherent sovereignty of the Yakama Nation. The Assistant Prosecutor provides attorney services in tribal, state, and federal courts for the Yakama Nation. The Assistant Prosecutor represents the Yakama Nation in criminal prosecutions, including infractions; civil matters, including dependency matters and cases the Yakama Nation becomes involved with pursuant to the Indian Child Welfare Act; may serve as legal advisor to Law Enforcement consistent with Tribal Policies and at the direction of the Chief Prosecutor. Employee coordinates with police jurisdictions and other agencies to ensure prosecution activities to serve the interests of the Yakama Nation in protecting the safety of the community. The employee maintains contact with attorneys, agencies, and other jurisdictions regarding tribal, state, and federal court matters affecting the Yakama Nation. The Assistant Prosecutor works to support the primary goal of the Prosecutor’s Office; to improve safety in the community by working to prevent and reduce criminal activity and victimization on the Yakama Reservation, including the Usual and Accustomed territories, through vigorous and effective prosecution of civil and criminal cases in adult and juvenile courts. Closing Date: June 30, 2023
Pueblo of Laguna
In-House Attorney. Laguna, NM – Full-time attorney to provide legal advice, draft codes and policies, and protect government interests performing general counsel legal work. One of three In-house attorneys and works with Pueblo officials and management under supervision of Government Affairs Director. Mostly transactional with some litigation. Compensation DOE, open until filled.
Public Defender. Laguna, NM – Full-time attorney to represent and advocate for adults in criminal cases and juveniles in delinquency cases before Laguna Pueblo Court when accused of violating Pueblo of Laguna law. Advocates for Pueblo community members to achieve justice and rehabilitation. One of two legal positions in Community Legal Services division and shares full-time assistant the Pueblo’s legal aid attorney, works under supervision of Government Affairs Director. Compensation DOE, open until filled.
Prosecutor. Laguna, NM – Full-time attorney to prosecute adult criminal defendants and juveniles in Laguna Pueblo Court for violating Laguna Pueblo law. Advocates for the Pueblo to achieve justice and rehabilitation. Works in office having a full-time assistant and victim’s advocate, and is under supervision of the Pueblo Governor. Compensation DOE, open until filled.
Wildlands and Wildlife Program
Staff Attorney. Eugene, OR; Portland, OR; Seattle, WA; or remote in the Pacific Northwest. The central focus of this position is strategic, legal, and policy advocacy centered on the public lands, wildlife, and communities of the Western U.S. with a primary focus on the Pacific Northwest. Responsibilities include supporting WELC efforts to build power and alignment with people and communities of diverse lived experience in the Pacific Northwest, in particular Tribal and Indigenous communities. Closing date: Review of applications began in June and will continue on a rolling basis until the position is filled.
The Catawba Nation
Fall 2023 Legal Internship. Rock Hill, SC. 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. Required Qualifications: • Completed 1L year • Experience drafting legal memoranda • Excellent research skills • Excellent written and oral communication skills Desired Qualifications: • Experience with Federal Indian Law • Familiarity with tribal communities and cultures Application Deadline: August 19, 2023.
Earthjustice
2024 Summer Clerkship. Washington D.C. Summer law clerks have the opportunity to work with several attorneys on case development and litigation. Students may draft pleadings and briefs, do legal research, develop strategy and legal theories, gather evidence, and attend client meetings and court proceedings. The summer program also offers students seminars with attorneys in the office and with guest speakers on current environmental issues, as well as opportunities to interact with other local and regional groups active in the environmental community. Open until September 4, 2023.
Judicial Branch of the Navajo Nation
Traditional Program Specialist. Crownpoint, NM. Provide administrative support, recruit, orientate, train and mentor peacemakers; Recommend and guide individuals and families with follow-up services; Provide guidance in traditional Navajo healing approaches incorporating both Western, faith-based and Navajo traditional philosophies; Implement the Peacemaking Program’s traditional curriculum to provide services to youth, adults, families to restore harmony; Attend trainings and conferences pursuant to established training plans; Randomly monitor and promote the effectiveness and efficiency of peacemakers; Assist with written agreements and narratives; Other duties as assigned. Open Until Filled.
Peacemaking Program Coordinator. Window Rock, AZ. Under general direction of the Chief Justice, performs work of considerable difficulty in planning, overseeing and coordinating the activities and operations of the Navajo Nation Peacemaking Program. Establishes and implements operational policies and procedures in accordance with peacemaking guidelines. Performs related duties as assigned. Coordinates the overall implementation of the Peacemaking Program. Provides and performs a variety of administrative policy and operational functions associated with the overall operation and activities of the Peacemaking Program. Develops, communicates and monitors policies, procedures and guidelines. Researches and coordinates with Navajo Nation programs on traditional Navajo methods of dispute resolution. Other duties as assigned. Open Until July 5, 2023.
Staff Attorney. Aneth, UT; Kayenta, AZ; Tuba City, AZ, Window Rock, AZ. Under general direction of the Judges of the assigned district, performs work of considerable difficulty in providing complex legal advice and guidance; conducts legal research and drafts legal documents in support of the judges, court solicitor and court administrators; undertakes special projects for the Judicial Branch; performs related duties as assigned. Open Until Filled.
Judicial Hearing Officer. Window Rock, AZ; Shiprock, NM. Under the administrative supervision of the Chief Justice or his/her designee, this position exercises authority to preside over hearings and dispositions involving the Domestic Abuse Protection Act and Alchinni Bi Beehazannii Act occurring within the respective jurisdictions of the District Courts of the Navajo Nation; performs related work as assigned. Open Until Filled.
Associate Justice. Window Rock, AZ. Under administrative direction of the Chief Justice, performs work of unusual difficulty, hears arguments, reads briefs and conducts research necessary to pass judgment and issue rulings on cases brought before the Navajo Nation Supreme Court; may serve as acting Chief Justice; performs related duties as assigned. Open Until Filled.
Court Solicitor. Window Rock, AZ. Under the general direction of the Chief Justice or his/her designee, provides a variety of legal advice, counseling, research and related legal services in support of the overall judicial operation of the Navajo Nation Judicial Branch; develops and implements improved court processes and supports courts in their use; provides legal advice, research and drafting documents for court operations; performs related duties as assigned. Serves as attorney advisor for court operations, specifically on the development of court rules, forms and standards throughout the Judicial Branch; focuses on development of case management policies and procedures to effectively provide excellent services to court customers; performs analysis and assessment of court operations and case management process; develops procedures and policies to ensure consistent, best practices in the courts; other duties as assigned. Open until filled.
District Court Judges. Navajo Nation Wide. Under administrative direction of the Chief Justice, performs work of unusual difficulty in presiding over civil, criminal and family court cases; provides policy direction and guidance in the operation of Judicial Districts; performs related duties as assigned. Open Until Filled.
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