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

ACLU of Montana

Staff Attorney. State of Montana. ACLU MT is seeking a passionate, energetic and committed staff attorney to conduct litigation advancing civil rights and liberties in the state. The Civil Rights Staff Attorney will join a legal team and staff committed to fighting for civil liberties and civil rights and to defend all people from government abuse and overreach. Our priorities include Indigenous Justice and ending the criminalization of poverty. In addition to litigating cases focusing on Indigenous Justice and decriminalization of poverty, this position will also address voting rights, reproductive rights, 2S-LGBTQIA rights, the rights of immigrants, racial justice issues, environmental justice, education equity, religious freedom and general civil liberties issues, recognizing the intersectionality of many of these issues. Careful review of all applications will begin on August 1, 2023.

Great Lakes Water Law and Policy – For Love of Water (FLOW)

Legal Director. Traverse City, MI. The Legal Director leads FLOW’s integrated legal advocacy with strategic litigation in support of innovative policy solutions to the Great Lakes’ most pressing challenges. On this fast-paced yet collaborative team, responsibilities include deploying legal expertise in designing and leading a small team to implement strategic legal and policy interventions with clear milestones that rely on strong legal analysis and strategy, coalition building, policymaker leadership, and public engagement and action. This work demands a deep understanding of the complex ecosystem and nature of environmental laws and regulations, politics, coalition partnerships (tribal and non-tribal alike), and what it takes to ensure both short- and long-term legal and policy wins. Closing date: Review of applications began in June and will continue on a rolling basis until the position is filled.

Wilton Rancheria

RFP – Code Development. Elk Grove, CA. Currently seeking proposals for a code development consultant to revise and expand our Peace and Security Act and Indian Child Welfare Department Code. Closing date: July 7, 2023.

Prairie Band Potawatomi Nation

District Court Judge-Administrative Judge. Mayetta, KS. Administers the Nation’s judicial system, adjudicates cases and/or disputes, advises counsel, jury, litigants, and/or court personnel regarding the Nation’s judicial system. Maintains rules and regulations of the Tribal Court. Undertakes all duties and exercises all authority of a judicial officer under the Prairie Band Potawatomi Nation Law and Order Code. Hears and decides all cases properly before the Court. Open until filled.

Earthjustice

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. The attorney selected for this position will play a key role in legal actions that can make a real difference to people’s health and well-being and protect important environmental values. Closing date: 7/16/2023.

California Indian Legal Services

Housing Attorney. Remote in Los Angeles of Bay Area. California Indian Legal Services (CILS) is seeking either a full-time or part-time grant-funded attorney dedicated to homelessness prevention. The Remote Housing Staff Attorney will work collaboratively with other staff to provide exceptional legal services in eviction defense and homelessness prevention. The position will be entirely dedicated to eviction defense and homelessness prevention for low-income Native American clients living offreservation (state and local housing law). Primary responsibility for overseeing office hours and meeting with housing clients remotely via multiple remote workstations located at three Urban Indian Health Organizations as well as those located throughout the Eastern overseeing and providing limited legal services (e.g., advice and counsel, sending demand / dispute letter to landlord, negotiating lease termination), and, in most cases when fullscale representation is required and partner QLSP capacity allows, elevated referrals to local qualified legal service providers. The position will remain open until filled.

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.

Catawba Nation

Fall 2023 Legal Internship. 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. Application Deadline: August 19, 2023.

Alaska Native Justice Center

Tribal Justice Manager. Anchorage, AK. The Tribal Justice Manager coordinates all work and activities relating to ANJC’s Tribal Justice Support program including our Alaska Statewide Tribal Justice Meetings. Our team provides technical assistance and training to tribal justice systems, including law enforcement, judges, court staff, and tribal councils. ANJC also facilitates statewide Tribal Justice Meetings that are designed to organize and coordinate public safety and tribal justice approaches. The Tribal Justice Manager is a leadership role and will participate in internal compliance and development activities, as well as developing and maintaining external relationships. Open until filled.

Next Era Energy

Sr. Project Manager, Tribal & Indigenous Relations. Flexible Location. NextEra Energy’s Tribal Relations staff works with tribal communities across the country by working collaboratively with them early in energy project development to ensure that we identify, avoid, and help protect sensitive tribal cultural resources during development and construction. This position will work with all of the NextEra Energy business units to support tribal and indigenous relations during the development, construction, and operation of energy projects in the US and Canada. 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.

D.C. Circuit Rejects Challenge to Seminole Gaming Compact

Matthew L.M. Fletcher

Here is the opinion in West Flagler Associates Ltd. v. Haaland.

Briefs are here.

Greg Ablavsky on Akhil Amar’s Unusable History

Matthew L.M. Fletcher

Gregory Ablavsky has published “Akhil Amar’s Unusable Past” in the Michigan Law Review.

Alex Pearl on ICWA in the Multiverse

Matthew L.M. Fletcher

M. Alexander Pearl has published “The Indian Child Welfare Act in the Multiverse” in the Michigan Law Review.

Seventh Circuit Affirms Immunity of LCO Health Care Center and Officials

Matthew L.M. Fletcher

Here is the opinion in Mestek v. Lac Courte Oreilles Community Health Center:

CA7 Opinion.pdfDownload

Materials here.

Arizona Federal Court Holds Business 51% Owned by Navajo Company Not Immune from Title VII Suit

Matthew L.M. Fletcher

Here are the materials in Tsosie v. NTUA Wireless LLC (D. Ariz.):

1 Complaint.pdfDownload
8 Motion to Dismiss.pdfDownload
11 Response.pdfDownload
12 Reply.pdfDownload
13 DCT Order.pdfDownload

Tenth Circuit Decides Hooper v. City of Tulsa . . . Hooper 7, Tulsa 0

Matthew L.M. Fletcher

Here is the opinion in Hooper v. City of Tulsa.

Briefs here and here.

Substitute Hooper for Haley and Oklahoma for United States.

Michael Doran on the Implications of Oklahoma v. Castro-Huerta

Matthew L.M. Fletcher

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

Matthew L.M. Fletcher

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

Matthew L.M. Fletcher

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.