5Qs for Fletcher on Haaland v. Brackeen & LDF v. Coughlin

Matthew L.M. Fletcher

From U of M law school, here.

An excerpt:

ICWA was always a part of my scholarly agenda, largely because ICWA is such an important part of virtually every Native person’s personal history. My writing partner and spouse Wenona Singel can trace the removals of her ancestors from the 1830s all the way to the 1970s. Our children are the first generation of children in her family to not be removed since the 1830s. I began to focus on the constitutional defense of ICWA intensely after a 2013 Supreme Court decision, Adoptive Couple v. Baby Girl, where the Court questioned the constitutionality of the Act. Within a couple years, constitutional challenges to ICWA were swarming the courts. Occasionally joined with Singel, who was using other media to tell her family’s story, I began to write systematically on each constitutional issue in an effort to push back on the narrative that ICWA was somehow constitutionally suspect. I focused on congressional Indian affairs powers, anti-commandeering and federal preemption, equal protection, and non-delegation.

An E.S.F. sketch of his dad.

This Land Special Brackeen Decision Episode

Matthew L.M. Fletcher

Here.

Opinion here.

SCOTUSBlog Recap of Arizona v. Navajo Opinion

Matthew L.M. Fletcher

Here.

Opinion and stuff here.

The Indigenous Law & Policy Center is Hiring a Communications Coordinator!

Arianna Morseau

Communications Coordinator

Position Summary

The College of Law Indigenous Law & Policy Center (ILPC) welcomes candidates who have a passion for working in a context dedicated to indigenous rights advocacy; experience working with indigenous peoples and diverse groups of people; strong communication, event-planning, and organizational skills; and who exhibit a high degree of professionalism and the ability to work in a self-directed environment or in a group setting.

In addition to the Communications Coordinator, the ILPC also includes a Director and Legal Counselor. Center staff work closely to support pathway to law programs, recruit students, provide services to students, provide teaching and learning opportunities related to Indigenous law, produce original research and scholarship on Indigenous law, and host educational events for MSU Law and other public audiences including members of Tribal communities. MSU College of Law is also home to an Indian Law clinic that coordinates in some areas with the ILPC.

The Communications Coordinator assists the ILPC team by providing administrative support. In collaboration with the College of Law Director of Events and the Director of Communications and Marketing, the Communications Coordinator supports the ILPC by planning events and managing ILPC internal and external communications for students, prospective students, alumni, scholars, Indian law practitioners, Tribal leaders, members of Tribal communities, the broader Law College, and MSU communities.

DUTIES AND RESPONSIBILITIES

Event Planning

  • Fully coordinate and promote a two-day national Indian law conference co-hosted by the ILPC and the Tribal In-House Counsel Association (TICA) each fall for 28 speakers and 125 attendees.
  • Plan an ILPC graduation event each spring.
  • Plan biannual meetings of an ILPC tribal leader advisory group.
  • Monitor ILPC events and conduct post-event reviews with ILPC staff.
  • Coordinates lunches, speaking events, and ILPC visits for students interested in Indian Law.
  • Plan and organize the annual ILPC conference: prepare annual event, communications, and marketing budgets.
  • Plan monthly professional development and social events for ILPC students.
  • Plan an ILPC welcome reception for students, faculty, and staff in the Native community at MSU College of Law, at MSU, and in the Lansing community.
  • Plans other events aligned with the ILPC’s needs and strategic initiatives.      

Communications, Marketing, and Outreach

  • Draft ILPC correspondence and create newsletters for the ILPC community, students, and alumni.
  • Draft and distribute a weekly internal newsletter for ILPC students informing them of upcoming ILPC events and other professional opportunities in Indian law.
  • Draft and distribute a periodic internal and external newsletter for ILPC students, alumni, Indian law scholars and practitioners, and the broader public which reports on ILPC events and updates from faculty, staff, students, and alumni.
  • Manage ILPC social media accounts and create content for them based on ILPC news.
  • Update the ILPC web site with information about our programs and curricular offerings.
  • Contribute content, including job announcements, on Turtle Talk, the nation’s leading blog on federal Indian law and Tribal law on WordPress (www.turtletalk.blog).
  • Manage marketing materials that amplify and strengthen ILPC presence at MSU, Michigan tribal communities, and within Indian country.
  • Manage the design, ordering, and distribution of ILPC marketing materials for students, prospective students, alumni, and guest speakers.
  • Create and implement an annual ILPC communications strategy.
  • Conduct outreach and liaise with internal University departments and outside educational institutions, including a national network of law schools.
  • Prepare other communications aligned with the ILPC’s needs and strategic initiatives.

Office Administration

  • Track and maintain the ILPC budget and submit ILPC expenses for reimbursement.
  • Apply for grants from public and private sources to increase funding for ILPC events and strategic initiatives.

Travel

  • Represent the ILPC at 1-4 recruitment events and Indian law conferences each year by coordinating and hosting an ILPC recruitment table at events (requires overnight travel).

Michigan State University College of Law is a diverse and inclusive learning community with roots dating to 1891 when it opened as Detroit College of Law in Detroit, Michigan. It moved to its current East Lansing location in 1995 and remained a private institution until 2020 when it became a fully integrated college of Michigan State University. 

Today, MSU Law has more than 650 students, 55 faculty members, 50 staff members, five librarians, and a world-wide network of some 11,500 alumni. MSU Law operates seven legal clinics overseen by nationally recognized faculty that provide students an opportunity to work on actual legal cases. Additionally, it offers some of nation’s leading law programs in new and emerging legal education, including Intellectual Property and Trial Advocacy, Indigenous Law and Policy Center, the Lori E. Talsky Center for Human Rights of Women and Children, Conservation Law Center, and Animal Legal and Historical Web Center.

MSU College of Law, operating under the principles of its Diversity, Equity, and Inclusion Strategic Plan, is poised to become the state’s preeminent law school, preparing a diverse community of lawyer-leaders to serve diverse communities in Michigan and beyond. It is committed to providing a legal education that is taught by leading scholars in their fields, includes best-in-class experiential opportunities, and helps students graduate without excessive debt.

Unit Specific Education/Experience/Skills

Knowledge equivalent to that which normally would be acquired by completing a four-year college degree program in Communications, Telecommunications, Journalism, Marketing, or Public Relations; up to six months of related and progressively more responsible or expansive work experience in internal communications; news, broadcasting, and print media, and/or marketing, advertising, and creative services; graphic design; word processing; desktop publishing; web design; presentation software; spreadsheet and/or database software; public presentation; or radio production; or an equivalent combination of education and experience.

Desired Qualifications

  • Experience working with Native American and Indigenous communities.
  • Excellent oral and written communication skills.
  • Experience in project management of multiple concurrent projects.
  • Experience with event planning and logistics.
  • Attention to detail with the ability to create structures to track and maintain the progress of materials, milestones, information, operations, or systems.
  • Ability to work with a variety of individuals.
  • Experience using WordPress and social media platforms.
  • Experience using graphic design, word processing, desktop publishing, web design, presentation, and spreadsheet software.
  • Experience in Communications, Development, Marketing, or related fields.
  • Experience working in a university environment.

Equal Employment Opportunity Statement

All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship, age, disability or protected veteran status.

Required Application Materials

  • Cover Letter
  • Current Resume
  • At least three professional references.   Preferably, at least one is a current or former supervisor.

Special Instructions

Applicants may be asked to submit a professional writing sample when invited for an interview.

If you require reasonable accommodation in completing the application, interviewing, or otherwise participating in the employee selection process, please direct your inquiries to Teresa Eldred, College of Law Human Resources Manager at 517.432.6819 or eldredt@law.msu.edu.

Work Hours

STANDARD 8-5

Website

http://www.law.msu.edu

Remote Work Statement

MSU strives to provide a flexible work environment and this position has been designated as remote-friendly. Remote-friendly means some or all of the duties can be performed remotely as mutually agreed upon.

Bidding eligibility ends June 27, 2023 at 11:55 P.M.

Applications close: Jul 4, 2023 Eastern Daylight Time

You can apply here.

SCOTUS Rejects Navajo Nation’s Water Rights Trust Claim 5-4

Matthew L.M. Fletcher

Here is the opinion in Arizona v. Navajo Nation.

Background materials here.

New Scholarship on Air Regulation in Indian Country

Matthew L.M. Fletcher

Jonathan Skinner-Thompson has posted “Tribal Air,” forthcoming in the Arizona State Law Journal, on SSRN. Here is the abstract:

Prevailing approaches to addressing environmental justice in Indian Country are inadequate. The dual pursuits of distributive and procedural justice do not fully account for the unique factors that make Indigenous environmental justice distinct—namely, the sovereign status of tribal nations and the ongoing impacts of colonization.

This article synthetizes interdisciplinary approaches to theorizing Indigenous environmental justice and proposes a framework to aid environmental law scholars and advocates. Specifically, by centering Indigenous environmental justice in terms of coloniality and self-determination, this framework can better critique and improve environmental governance regimes when it comes to pollution in Indian Country.

This article tests that framework on air regulation in Indian Country. Although many consider the Clean Air Act a regulatory success story, air pollution still disproportionately harms American Indians and Alaska Natives. To that end, Tribal Air offers a comprehensive account of air regulation in Indian Country, including a more detailed analysis of tribal air quality laws. It then applies theories of settler colonialism and instruments of self-determination to the implementation of the Clean Air Act in Indian Country. Together these concepts aspire towards an anti-colonialist purpose and offer important ways to achieve Indigenous environmental justice.

Tenth Circuit Reverses Jimcy McGirt’s Conviction, Orders New Trial

Matthew L.M. Fletcher

Here is the opinion:

CA10 Opinion.pdfDownload

Briefs:

McGirt Opening Brief.pdfDownload
Government’s Brief.pdfDownload
Reply.pdfDownload

New York Federal Court Rejects Unkechaug Fishing Rights

Matthew L.M. Fletcher

Here are the materials in Unkechaug Indian Nation v. New York State Dept. of Environmental Conservation (E.D. N.Y.):

Briefs here.

120 DCT Order.pdfDownload
Jaune Smith

Wisconsin Federal Court Again Declines to Shut Down Line 5 on Bad River Reservation

Matthew L.M. Fletcher

Here is the order in Bad River Band of Lake Superior Tribe of Chippewa Indians v. Enbridge Energy Co. Inc. (W.D. Wis.):

684 DCT Order.pdfDownload

Briefs here.

Jaune Smith

Friday Job Announcements

Arianna 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

Kalispel Tribe

Staff Attorney. Airway Heights, WA. The Kalispel Tribe’s Legal Department provides a wide variety of services to the Tribal government, its programs, and economic enterprises. This position provides legal representation to the Tribe with an emphasis on complex land use agreements and acquisitions, easements, and drafting/reviewing contracts including, but not limited to, 638 contracts. This position works closely with the finance, development, and housing departments in establishing and interpreting regulations regarding development, realty, and the General Welfare Exclusion Act. Closing Date: open until filled.

Federal Defender of New Mexico

Assistant Federal Defender – Trial Attorney. Albuquerque and Las Cruces, NM. Main duties are: managing a varied caseload, developing litigation strategies, preparing pleadings, appearing in court at all stages of litigation, and meeting with clients, experts, witnesses, family members and others. Closing date for posting is 07/30/2023.

Puyallup Tribe of Indians

Assistant Prosecutor/Presenting Officer. Tacoma, WA. Responsible for planning, organizing, and directing assigned activities of the Prosecutor’s Office and serves as the Assistant Prosecutor/Presenting Officer for the Tribe. Open until filled.

Alliance for Felix Cove

Administrative Assistant. San Francisco, CA. The A4FC is seeking a highly organized and proactive individual to join our small non-profit organization as an Administrative Assistant reporting to the Founder/Executive Director (ED). This role is responsible for the administrative needs of the Founder/Executive Director and is crucial in supporting the Founder/Executive Director in their day-to-day operations, enabling them to focus on strategic initiatives and overall organizational effectiveness. Open until filled.

Pueblo of Laguna

In-House Attorney. Laguna, NM. Full-time attorney to provide legal advice, draft codes and policies, assist with transactions, and protect government interests performing general counsel legal work.  One of three In-house attorneys. 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 with 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.

New Mexico Legal Aid

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. Closing date: 7/1/2023.

Litigation/Casework Manger – Native American Program. Santa Ana Pueblo, NM. For this position, Litigation/Casework Manager is primarily responsible for: Providing oversight over NAP’s legal work; ensuring compliance with Legal Services Corporation regulations regarding Native American Grant funding; ensuring that NAP is meeting the legal priorities in conformance of New Mexico Legal Aid, Inc., and the Native American program policies and procedures. Closing date: 7/1/2023.

Staff Attorney – Native American Program. Santa Ana Pueblo, NM. For this position, the NAP Staff Attorney will be responsible for: Provided, legal services in several jurisdictions, which include many Pueblo Courts and New Mexico state courts; Services range from full in-court representation to brief services, and/or advice and counsel; NAP attorneys work on a variety of civil legal issue. Closing date: 7/1/2023.

Kickapoo Traditional Tribe of Texas

Prosecutor. Remote. Reprsent the Tribe in prosecution of adults and juveniles. · Draft and review various legal complaints, pleadings, motions, discoveries, documents, and correspondence necessary. · Prepare for and attend hearings and casework· Represent the Tribe at meetings, court proceedings and other functions. · Assist with the development and maintenance of case files, calendars and databases. · Assist in the development, revision and modification of the Tribe’s laws, resolutions and ordinances. · Comply with tribal, state, and federal governmental regulations; maintaining an ethical practice in respect to the Tribe, Tribal Courts, judicial system and clients. · Conduct all necessary case preparation before Tribal Court hearings and trial. Perform other related duties as assigned.  Closing Date: Until Filled.

Sisseton-Wahpeton Oyate

Prosecutor. Agency Village, SD. Prosecutor is responsible for prosecution of all crimes that occur within the jurisdiction of the Lake Traverse Reservation. Prosecutor also handles child protection matters which may include assistance with Indian Child Welfare Act cases. Closing Date: Open until filled.

Native American Rights Fund

Staff Attorney. Boulder, CO or Washington, D.C. Remote work considered. The Native American Rights Fund is a non-profit national Indian law firm representing Indian tribes, organizations, and individuals in Indian law matters of major significance.  NARF’s main office is in Boulder, Colorado, with additional offices in Washington, D.C. and Anchorage, Alaska.  NARF is looking for an experienced attorney with excellent research and writing skills to assume a water rights and litigation docket.  NARF is an Equal Opportunity Employer. Closing Date: Open until filled with interviews beginning in July.