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.

ACS Broken Law Podcast on Brackeen Featuring Wenona Singel

Matthew L.M. Fletcher

Here is “A Win for Tribal Sovereignty.”

Wenona Singel at the Supreme Court

California COA Rejects Effort to Force Release of Gaming Funds through Attorney’s Lien

Matthew L.M. Fletcher

Here are the materials in Corrales v. California Gambling Control Commission:

Unpublished Opinion.PDFDownload
Jaune Smith

Briefs:

Corrales Opening Brief.pdfDownload
State Brief.pdfDownload
Corrales Reply.pdfDownload

Tribal Law Journal Vol. 22

Matthew L.M. Fletcher

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).

Jaune Smith

Introducing the 23rd Annual California Indian Law Conference!

Arianna Morseau

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

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

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. 

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.