Tamera Begay has published “A Day in the Life of a Tribal Prosecutor” in the January/February issue of the Federal Lawyer [starts on page 14].
HIGHLY RECOMMENDED.
Tamera Begay: A Day in the Life of a Tribal Prosecutor [Federal Lawyer]
Gabe Galanda on Indigenous Kinship Renewal and Relational Sovereignty
Gabriel Galanda has posted “In the Spirit of Vine Deloria, Jr.: Indigenous Kinship Renewal and Relational Sovereignty” on SSRN. Here is the abstract:
This essay heeds Vine Deloria, Jr.’s inspiring call for the renewal of Indigenous kinship tradition and counsels for the development of relational sovereignty. The first part deconstructs the U.S. Supreme Court’s 1978 landmark decision in Santa Clara Pueblo v. Martinez to expose its distinctly economic underpinnings. That case exemplifies a steady erosion of Indigenous reciprocity, and concurrent rise of tribal per-capitalism and neocolonialism. The second part suggests five actions that Native nations could take to restore inclusionary, duty-based kinship systems and rules. First, Native nations should replace blood quantum with alternative citizenship criteria rooted in traditional kinship principles. Second, Native nations should renew kinship terminology to eliminate neocolonial identifiers. Third, Native nations should outlaw disenrollment and bring their relatives home. Fourth, Native nations should lift enrollment moratoria and welcome their lost generations. Lastly, Native nations should—after pausing to understand the colonial legacy of federally sanctioned monetary distributions to tribal individuals—cease per capita payments and reinvest in community revitalization. By drawing on Indigenous traditions of reciprocity and shared destiny, Native nations should reconcile their peoples’ modern individual rights with their customary obligations and duties to one another. Through these strategies, Native nations can engage in a new paradigm of relational sovereignty, whereby Indigenous human existence is exalted and protected over individual power and profit.
Kristen Carpenter on Human Rights and Cultural Property
Kristen A. Carpenter has posted “A Human Rights Approach to Cultural Property: Repatriating the Yaqui Maaso Kova,” forthcoming in the Cardozo Arts & Entertainment Law Journal, on SSRN. Here is the abstract:
Claims for repatriation of cultural property are emerging across the international community, with increasing attention to the inequities of acquisitions made during colonial periods. Yet the State-centric nature of legal instruments, such as the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of 1970, remains a stumbling block to advancing meaningful remedies for past harms, especially in the Indigenous Peoples’ context. States often pursue repatriation to advance national identity or replenish museum collections, but for Indigenous Peoples, repatriation often has to do with restoring dignity to ancestors through reburial, returning ceremonial objects to religious use, and healing the community from cultural assimilation and oppression. Against this backdrop, the essay reviews the recent case of the Yaqui People, an Indigenous nation spanning the U.S.-Mexico border, who negotiated a pathbreaking agreement to repatriate a sacred deer head, the Maaso Kova, from the national museums of Sweden. Working with the United Nations Expert Mechanism on the Rights of Indigenous Peoples, the parties expressly invoked the United Nations Declaration on the Rights of Indigenous Peoples, along with Yaqui and Swedish law, as bases for repatriation. The Yaqui-Sweden matter advances a human rights approach to repatriation that begins to transcend the hegemony of States in cultural property claims, while recognizing Indigenous Peoples’ equality and self-determination, along with religious and cultural freedoms.
Idaho Indian Law Conference February 17, 2023
Update in Cherokee Trust Accounting Suit against Interior
Here are new materials in Cherokee Nation v. Dept. of the Interior (D.D.C.):
Prior post here.
Greg Ablavsky and Tanner Allread on How Indigenous Peoples Debated the U.S. Constitution
Gregory Ablavsky and W. Tanner Allread have posted “We the (Native) People?: How Indigenous Peoples Debated the U.S. Constitution,” forthcoming in the Columbia Law Review, on SSRN.
Here is the abstract:
The Constitution was written in the name of the “People of the United States.” And yet, many of the nation’s actual people were excluded from the document’s drafting and ratification based on race, gender, and class. But these groups were far from silent. A more inclusive constitutional history might capture marginalized communities’ roles as actors, not just subjects, in constitutional debates.
This Article uses the tools of legal and Native history to examine how one such group, Indigenous peoples, argued about and with the U.S. Constitution. It analogizes Native engagement to some of the foundational frames of the “Founding” to underscore its significance for current constitutional discourse. Like their Anglo-American neighbors, Native peoples, too, had a prerevolutionary constitutional order—what we here dub the “diplomatic constitution”—that experienced a crisis during and after the Revolution. After the Constitution’s drafting, Native peoples engaged in their own version of the ratification debates. And then, in the early republic, Native peoples both invoked and critiqued the document as they faced Removal.
This Article’s most important contribution is proof of concept, illustrating what a more inclusive constitutional history might look like. Still, some of the payoffs are doctrinal: broadening the “public” in original public meaning, for instance. But the more significant stakes are theoretical. As this Article contends, by recognizing Indigenous law and constitutional interpretations as part of “our law”—in other words, the pre- and post-constitutional legal heritage of the United States—Native peoples can claim their role as co-creators of constitutional law.
Massachusetts Federal Court Decides Littlefield v. Dept. of the Interior [Mashpee Wampanoag]
Here are the materials in Littlefield v. Dept. of the Interior (D. Mass.):
California Federal Court Dismisses Tribal Member Property Dispute after Failure to Exhaust Tribal Appellate Remedies [Round Valley Indian Tribe]
Here are the materials in Pacino v. Oliver (N.D. Cal.):
71 Tribal President Motion to Dismiss
98 DCT Order to Show Cause re Tribal Exhaustion
103 Round Valley Amicus Suppemental Brief
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
California Indian Legal Services
Housing Staff Attorney. Bishop, CA. The position will be primarily dedicated to eviction defense and homelessness prevention for low-income clients. Our fast-paced Office provides legal services related to homelessness prevention through community education, advice and consultation, representation without litigation, direct representation of tenants in Unlawful Detainer (eviction) proceedings in state court, and affirmative litigation on behalf of tenants against unlawful housing actions by landlords. The Housing Staff Attorney will assume a varied caseload that will include all the above. Our Office’s eviction defense work covers a large service territory including Alpine, Mono, and Inyo Counties. The far reaches of Alpine and Inyo Counties are a 4-hour drive one way from the Bishop Office. As a Staff Attorney you will collaborate with other CILS Directing Attorneys and the Legal Director for the purpose of managing legal work, mentoring and supervision, assistance and administration of local case management systems, grant and special project development and implementation, as directed by the Bishop Office’s Directing Attorney, the Legal Director, or the Executive Director. Closing date: 2.28.23
CA ChangeLawyer Fellowship. Bishop, CA. With support from California ChangeLawyers, California Indian Legal Services is hiring a fulltime summer fellow (current law student), post-bar (fall) fellow, or recent law school graduate, for a 2023 summer or fall fellowship. Supervised by the Bishop field office Directing Attorney and at the direction of the Legal Director, who supervises all CILS advocate work, the fellow will work collaboratively with other staff to provide exceptional legal services in multiple areas of federal Indian law. The fellow will have the opportunity to assume a varied case load that may include: brief counsel and services to low income Indian individuals; state and federal court litigation; contract negotiation; advising tribal clients; developing and implementing constitutions, codes, and policies for tribal clients; making presentations; and ICWA related dependency cases. While the fellow will be exposed to a variety of federal Indian laws, the fellow’s focus will be primarily on Native American Indian Allotments. The fellow will focus on a project to help Indians with interests in allotments to create organizations and implement decision making structures for economic development. The fellow will research and prepare a self-help guide for allottee interest holders to organize themselves and develop the allotment by forming an organization or family trust (entity) to make decisions on behalf of a majority of the interest holders. Closing date: 2.28.23
Rothstein Donatelli LLP
Summer Associate 2023. Tempe, AZ. This is a 40 hour/week in-office position with remote work flexibility, as needed and approved upon hire. Applicants must have completed 1L or 2L year by Summer 2023. Excellent research abilities. Excellent written and oral communication skills. Indian law coursework and work experience is preferred but not required. Closing Date: February 10, 2023.
Earthjustice
Associate Attorney, Fossil Fuels. New Orleans, Houston or Austin. Earthjustice is soliciting applications for an Associate Attorney to join the Fossil Fuels Program. We use the power of the law to challenge the onslaught of new oil and gas infrastructure development that threatens climate, communities and the environment. This position will focus on oil and gas infrastructure in the U.S. Gulf region (Texas and Louisiana) and will be based in one of three locations: (1) in the New Orleans’ satellite office space shared with other Fossil Fuel Program staff, (2) in the Earthjustice Houston office, or (3) remote from Austin, Texas. Application deadline of 2/26/2023.
Associate Attorney, Oceans. San Francisco, CA. Earthjustice’s Oceans Program seeks an Associate Attorney to assist with our international legal advocacy and litigation to protect our planet’s oceans. This position can start in April, June, or September 2023. The position will be based preferably in our San Francisco, CA office. Application deadline of 2/26/2023.
Senior Attorney, Gulf Regional. Houston, TX. Earthjustice is seeking a senior attorney to join our new Gulf Regional office, located in Houston, Texas or remotely from Texas, Louisiana or Mississippi. Apply by date preferred: 3/5/2023.
Choctaw Nation of Oklahoma
Assistant Public Defender. Durant, OK. You will defend all indigent clients in felony, misdemeanor, and traffic cases that are punishable by incarceration in the Choctaw Nation of Oklahoma District Court. You will report to the Public Defender Director and will be officed at the Public Defenders Office in Durant, Oklahoma. Closing Date: 3/08/2023.4
Grand Traverse Band of Ottawa and Chippewa Indians
Assistant General Counsel. Peshawbestown, Michigan. Remote work possible after 90 day probationary period. Provides legal representation for the Grand Traverse Band of Ottawa and Chippewa Indians Tribal Council (GTB). The candidate must be able to perform both legislative and executive services. The candidate must have also engaged in federal district court litigation at the trial and appellate level; published opinions preferred. Minimum 8 years’ experience in Indian law. Brief writing sample is mandatory. Indian preference applies. Open until filled.
Pueblo of Sandia in New Mexico:
Assistant General Counsel-Water. Albuquerque, NM. Under the general supervision of the In-house General Counsel, the Assistant General Counsel is a key member of the Pueblo’s legal team. The Assistant General Counsel’s responsibilities will cover a variety of legal matters that would typically confront a tribal general counsel’s office, including: providing a diverse range of legal advice to the Pueblo and its economic enterprises; performing high level legal research and analysis in various areas of law and policy; and serving as the primary legal contact for the Pueblo’s enterprises on contract matters, subject to the direction and oversight of the General Counsel. A background in Indian law is required, without exception. Open until filled.
The Hopi Tribe
Deputy General Counsel. Kykotsmovi AZ. This is a tribal inhouse counsel position for the Hopi Tribe. The position processes requests for legal review by the Tribal Council and the Tribe’s Officers, Departments and Programs. These requests can range from contract review to answering and analyzing complex questions of law dealing with natural resources to human resources. Open until filled.
Chief Prosecutor. Keam Canyon, AZ. The Chief Prosecutor administers the Hopi Tribe’s Office of the Tribal Prosecutor. He or she is responsible for the prosecution of violations of the Hopi tribal code and pursues dependency matters pursuant to the Hopi Children’s’ Code. This position works (and coordinates) with Hopi and BIA law enforcement, the FBI and US attorney’s office. The position also works with the Tribal Council in reviewing the Code and law enforcement matters on the Hopi Reservation. Importantly, the position prosecutes cases before the Hopi Tribal Courts. Open until filled
Deputy Tribal Prosecutor. Keam Canyon, AZ. The Deputy is responsible for the prosecution of violations of the Hopi tribal code and pursues dependency matters pursuant to the Hopi Children’s’ Code. . This position works (and coordinates) with Hopi and BIA law enforcement, the FBI and US attorney’s office. The position also works with the Tribal Council in reviewing the Code and law enforcement matters on the Hopi Reservation. Importantly, the position prosecutes cases before the Hopi Tribal Courts. Open until filled
Office of the Attorney General – Viejas Band of Kumeyaay Indians
Assistant Attorney General. Alpine, CA. The Assistant Attorney General will work in the Office of the Attorney General under the direct supervision of the Attorney General for the Viejas Band. The Assistant Attorney General will work with the Attorney General and Deputy Attorneys General to render legal services to the Viejas Band, including its government departments, enterprises, and elected officials. Competitive salary depending on experience and comprehensive benefits. Open until filled.
Lower Elwha Klallam Tribe
Chief Judge. Port Angeles, WA. The Chief Judge is chief judicial officer of the Lower Elwha Klallam Tribal Court, the trial court of the Lower Elwha Klallam Tribe. The Chief Judge is appointed to a four-year term by the Lower Elwha Business Committee, the elected governing body of the Tribe. This position is responsible for fairly and impartially hearing and deciding judicial matters within the jurisdiction of the Lower Elwha Tribal Court pursuant to the Lower Elwha Klallam Tribal Judicial Code, ordinances, regulations, and applicable Federal and local laws. The Chief Judge conducts hearings and trials and performs other judicial duties. The Chief Judge is also the administrative supervisor of all Tribal Court staff and as such is responsible for the efficient and effective operation of all aspects of the Lower Elwha Tribe’s trial-court-level judicial system and for proper administration of justice. The Chief Judge has no direct authority over the Lower Elwha Court of Appeals, which consists of Justices appointed by the Business Committee under contract. Closing Date: February 18, 2023.
Tribal Deputy Prosecutor. Port Angeles, WA. The Tribal Prosecutor is a critical partner in advancing these goals while identifying and addressing associated threats to the political, social, and cultural integrity of the Tribe relating to tribal justice and victimization. Closing Date: February 18, 2023.
Tribal Defense Attorney. Port Angeles, WA. The Tribal Defense attorney is responsible for representing defendants in adult criminal cases, youth in delinquency and status offense cases, parents or other legal custodians in child dependency cases, and Elwha Tribal members in contested traffic, housing, and civil regulatory cases. Closing Date: February 18, 2023.
San Francisco State University
Tribal Government Relations Lead. San Francisco, CA. The Tribal Government Relations Lead is responsible for overseeing the San Francisco State University (SF State) NAGPRA Program, compliance with both NAGPRA and CalNAGPRA, and Tribal, local, state, and federal engagement. The candidate will help guide the actions of SF State in meeting the goals of the NAGPRA program to (1) continue ongoing NAGPRA and CalNAGPRA compliance (2) help SF State establish a proactive and sustainable NAGPRA consultation program with Native American Tribes. Closing date: Open until filled.
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.
CA Energy Commissions
Attorney I. Hybrid – CA. Do you want to work directly with the state’s principal energy policymakers? The California Energy Commission seeks an Attorney I in the Regulatory & Advisory Unit of the Chief Counsel’s Office. The Chief Counsel’s Office is a full-service law office involved in all phases of Commission activity. Final day to apply: 2/26/2023.
Office of the Attorney General – Navajo Nation Department of Justice
Request for Proposal – Arizona Legal and Litigation Services. Window Rock, AZ. Assist the Navajo Nation Department of Justice, Water Rights Unit in legal and litigation services related primarily to the Water Rights in the State of Arizona. Closing Date: February 17, 2023
Request for Proposal – Federal Lobbying and Legal Services. Window Rock, AZ. Assist the Navajo Nation Department of Justice, Water Rights Unit to provide legislative, lobbying and/or legal services. Closing Date: February 17, 2023.
Request for Proposal – New Mexico Legal and Litigation Services. Window Rock, AZ. Assist the Navajo Nation Department of Justice, Water Rights Unit in legal and litigation services primarily to Water Rights in the State of New Mexico. Closing Date: February 17, 2023.
Request for Proposal – Utah Legal and Litigation Services. Window Rock, AZ. Assist the Navajo Nation Department of Justice, Water Rights Unit in legal and litigation services primarily to Water Rights in the State of Utah. Closing Date: February 17, 2023.
Environmental Law Institute
Research & Policy Intern (Summer 2023). Washington D.C. ELI is seeking Research & Policy interns for the summer of 2023 to assist with our portfolio of uniquely positioned environmental law and policy projects addressing critical environmental and sustainable development challenges domestically and internationally. Application Deadline: 3/1/23.
Peebles Kidder
Associate Attorney. Rapid City, SD. Provide counsel and legal services to new and existing clients in a professional and expedient manner. Interact in person with clients – travel in the region is required for this position. Apply knowledge of legal procedures and previous cases to effectively counsel clients. Conduct legal research by preparing legal memoranda and drafting pleadings required in all aspects of tribal, federal, and state litigation matters. Represent clients in tribal, federal, and occasionally in state courts. Draft contracts and agreements and analyze legal documents. Conduct legal research and gather evidence; interpret laws, rulings and regulations. Apply knowledge of legal procedures and previous cases to effectively counsel clients. Comply with all court, state bar and inter-office policies and procedures. Achieve firm’s monthly and annual billable hours requirement.
Click here for last week’s job announcements!
Student Note on Native Voting Rights
Noelle N. Wyman has published “Native Voting Power: Enhancing Tribal Sovereignty in Federal Elections” (PDF) in the Yale Law Journal. Here is the abstract:
Members of tribal nations are disproportionately burdened by barriers to voting, from strict voter identification and registration requirements to inadequate language assistance and inaccessible polling locations. Restrictive voting laws are on the rise, while the avenues for challenging them under the prevailing model of voting rights are narrowing. This Note advocates for a different approach to conceptualizing and combatting Native American voter suppression.
First, it advances a new jurisprudential theory centered on tribal sovereignty: suppressing the Native vote not only denies rights to individual citizens but also denies sovereign power to tribes. Historically, states required Native American people to renounce tribal membership, culture, and lands to vote. Today, states and localities continue to denigrate tribal sovereignty in the administration of elections, such as by rejecting tribal-issued IDs and interfering with tribes’ organization of their own political communities. Apart from securing the fundamental rights of individual Native citizens, Congress has a substantive duty to secure tribal sovereignty in federal election administration that is rooted in its trust obligation to tribes.
Second, this Note proposes a new legal framework for enhancing Native voting power: Congress should require states and local election officials to negotiate with federally recognized tribes toward the formation of tribal-state compacts governing federal election administration in Indian Country. This framework would relieve tribes of the burdens that they currently carry to initiate collaboration with local election officials, fill gaps in voter assistance, and challenge unlawful voting restrictions in court. Meanwhile, it would involve tribes in the process of lawmaking and regulation, enabling them to exert a measure of sovereign power over federal elections in Indian Country.
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