North Dakota Law Review Indian Law Issue

Here:

TRANSCRIPTS

97 N.D. L. Rev. 297
It Is More Than Just A Calculation: Reframing Child Support In Indian Country
– Sharon Thompson

97 N.D. L. Rev. 307
Tribal Jurisdiction Under The Second Montana Exception: Implications Of United States v. Cooley
– Timothy Q. Purdon

97 N.D. L. Rev. 319
Indian Law: Criminal Law Panel
– Panelists: Breanna Delorme, Marjorie Kohls, Joseph Vetsch
– Moderator: Michelle Rivard Parks 

97 N.D. L. Rev. 331
Creating Space For Indigenous People In Law
– Erica Thunder

ARTICLES

97 N.D. L. Rev. 343
New Federal Initiatives For Indian Country Environmental Management
– James M. Grijalva 

97 N.D. L. Rev. 355
The Extradition Clause and Indian Country
– Grant Christensen

Angela Riley on Indigenous Cultural Property Law

Angela R. Riley has published “The Ascension of Indigenous Cultural Property Law” in the Michigan Law Review.

Prof. Riley presenting the paper last fall at ASU.

Here is the abstract:

Indigenous Peoples across the world are calling on nation-states to “decolonize” laws, structures, and institutions that negatively impact them. Though the claims are broad based, there is a growing global emphasis on issues pertaining to Indigenous Peoples’ cultural property and the harms of cultural appropriation, with calls for redress increasingly framed in the language of human rights. Over the last decade, Native people have actively fought to defend their cultural property. The Navajo Nation sued Urban Outfitters to stop the sale of “Navajo panties,” the Quileute Tribe sought to enjoin Nordstrom’s marketing of “Quileute Chokers,” and the descendants of Tasunke Witko battled to end production of “Crazy Horse Malt Liquor.” And today, Indigenous Peoples are fighting to preserve sacred ceremonies and religious practices at places like Standing Rock, Oak Flat, and Bear’s Ears. Though the claims range from “lands to brands,” these conflicts are connected by a common thread: they are all contemporary examples of Indigenous Peoples’ efforts to protect their cultural property. As issues surrounding cultural property play out on the global stage, there is a parallel movement underway within Indigenous communities themselves. More than fifteen years ago, in 2005, I conducted a comprehensive study of tribal law to understand what American Indian tribes were doing to protect their own cultural property within tribal legal systems. Since my original study, the ground around issues of cultural preservation and Indigenous rights—including the 2007 adoption of the United Nations Declaration on the Rights of Indigenous Peoples, among others— have reignited interest in Indigenous Peoples’ own laws. Inspired by a convergence of global events impacting cultural rights, in 2020 and 2021, I set out to update my survey results and analyze the tribal cultural preservation systems and tribal laws of all 574 federally recognized American Indian tribes and Alaskan Native Villages in the United States. This Article reports those findings, situating the results in a human rights framework and leading to a core, central thesis: the data reveal a striking increase in the development of tribal cultural property laws, as Indian tribes seek to advance human and cultural rights in innovative and inspired ways. Indeed, in this Article, I contend we are witnessing a new jurisgenerative moment today in the cultural property arena, with tribal law already influencing decisionmakers at multiple ‘sites’—international, national, and subnational—in real time, with great potential for the future. To further demonstrate this phenomenon, I highlight the case study of the recent agreement to repatriate the Maaso Kova, a ceremonial deer head, from Sweden to the Yaqui peoples, and I also introduce several other examples where the seeds have been planted for the growth of the next jurisgenerative moment in Indigenous cultural property rights.

HIGHLY RECOMMENDED!!!!

Parties Renew Motions for Summary Judgment in Sault Tribe Bid for Detroit-Area Casino

Here are the new materials in Sault Ste. Marie Tribe of Chippewa Indians v. Haaland (formerly Bernhardt, Zinke, etc.) (D.D.C.):

Time to rumble.

103 Federal Reply

104 Tribes Reply

This case is on remand from the D.C. Circuit.

New Mexico COA Holds Navajo Nation Member Who Rents is Exempt from State Income Tax

Here are the materials in Skeet v. New Mexico Taxation and Revenue Department:

Department Opening Brief

Answer Brief

Reply

Opinion

A wolf protesting taxes I guess.

UDub Indian Law Symposium — Friday, Dec. 9, 2022

Register here.

UW Law will host the 35th annual Indian Law Symposium on Friday, Dec. 9, 2022, featuring a full set of topics from panelists across the country. Programming includes updates on litigation and federal legislation, an ethics session about cultural considerations for competent tribal legal representation, and sessions on tribes, mining and opportunities for reform; the Indian Child Welfare Act; and the Supreme Court.

The program will be held in a virtual format on Zoom. It is co-sponsored by the Washington Law Review and Native American Law Center.

Wisconsin Federal Court Issues Post-Trial Opinion in Bad River Line 5 Suit

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

This one has illustrations.

Prior post here.

California Federal Court Dismisses Final Two Defendants in Acres Bonusing v. Ramsey (formerly Marston)

Here are the materials in Acres Bonusing Inc. v. Ramsey (N.D. Cal.):

90 First Amended Complaint

96 Motion to Dismiss

101 Opposition

102 Reply

105 DCT Order

Prior post here.

From DALL-E, an abstract painting of a judge slapping someone with a fish. Yeah, sure, it could be that.

Fletcher and Khalil on ICWA Preemption and Commandeering

Fletcher and Randall F. Khalil have published “Preemption, Commandeering, and the Indian Child Welfare Act” in the Wisconsin Law Review.

Blurb:

We argue that the anti-commandeering challenges against ICWA are unfounded because all provisions of ICWA provide a set of legal standards to be applied in states which validly and expressly preempt state law without unlawfully commandeering the states’ executive or legislative branches. Congress’s power to compel state courts to apply federal law is long established and beyond question.

Excerpt from Fletcher comic book about the Brackeen argument that no one may ever read.

Fifth Circuit Briefs in Spivey v. Chitimacha Tribe of Louisiana

Here:

Lower court materials here.

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

Environmental Law Institute

Communications Director. Washington D.C. The Director of Communications reports to the President and supports ELI’s efforts to realize environmental progress by leading all of the Institute’s communications initiatives. They work with everyone at the organization, from the President to interns, to ensure cohesive, strategic, and inspiring communications. They cultivate and maintain ELI’s organizational voice in a way that motivates people to act and helps position ELI to benefit fundraising, awareness, and impact. The Director looks at ELI holistically and “connects the dots” between departments and programs as they relate to communications and marketing. This position is key both to deepening the reach and impact of ELI’s work, as well as to supporting vital development efforts. Application Deadline: 12/15/2022.

Research Associate. Washington D.C. Each year, ELI hires college graduates to serve as Research Associates. These staff members work directly with the 15–20 lawyers and scientists in the Research and Policy Division on projects addressing environmental and natural resource protection, climate, public health, environmental justice, and pollution prevention. A typical workload combines research and administration. In addition to researching and writing for these studies, Research Associates help coordinate and plan various professional events at ELI, including seminars, conferences, training courses, and workshops. Other work may include creating and updating ELI web pages (no previous experience required), communications, and managing interns. Applications must be submitted no later than 11:59 pm EST on Friday, January 20, 2023.

Attorney. Washington D.C. ELI is seeking an Attorney who will work within Research & Policy generally but spend a significant portion of their time collaborating with ELI’s international programs. These programs engage with government, nongovernmental, and private sector stakeholders to help them improve the legal and institutional frameworks governing sustainable development at the international, national, and subnational levels.  Current initiatives cover topics ranging from the sustainability of small-scale fisheries in Southern Africa to capacity building to strengthen community based environmental governance in Zimbabwe with a focus on water, to developing the second global report on the environmental. Application Deadline: 12/19/2022.

Native Law Group

2023 Summer Law Clerk. Louisville, CO or Washington DC. This is a 40 hour/week in-office clerkship. Completed 2L year by Summer 2023. Native American Law coursework completed by clerkship start date. Excellent research abilities. Excellent written and oral communication skills. Closing date: December 2nd.

Michigan Indian Legal Services, Inc

RFP Call for Artists. The mission of Michigan Indian Legal Services (MILS) is to improve the lives of Native American peoples, families, and communities through legal assistance and advocacy at no charge for those who are income-eligible for services. MILS is a specialized law office that serves the unique legal needs of the members of the native communities in Michigan to: 1) protect families and cultural practices, 2) secure fundamental rights and access to basic needs, and 3) challenge policies and practices that are harmful to our clients and client communities. MILS wishes to update its outreach materials for its client communities, incorporating Anishinaabe language and contemporary native art. These updated materials will clearly define our mission, services, and eligibility for services. Artist will provide art for updated MILS outreach materials and work with Hank Fields and a focus group on producing the materials (poster, brochure, website, social media and tribal newsletter advertisements). Materials must be received by MILS Executive Director by 5 pm on March 24, 2023.

The Department of Attorney General for the State of Michigan

Legal Secretary – Revenue and Tax Division. Lansing, MI. This position provides legal secretary duties for the various divisions within the Department of Attorney General. Duties include: preparation of legal pleadings, briefs, letters and memoranda utilizing legal secretarial terminology, practices and procedures, format, form and spelling. Preparation of appearances, notices, subpoenas, affidavits of service, etc. docketing and maintaining/organizing case files. This position will also provide back-up support to the Division Chief and Division Head Secretary as directed. Closing dating: 5:00 p.m. on Sunday, December 4, 2022.

Senior Executive Management Assistant – Prosecuting Attorneys Coordinating Council. Lansing, MI. Provide services to prosecutors and their staff with the goal that the local prosecution of state law is made more uniform and efficient. This position serves as the administrative support for the Senior Deputy Director in addition to a wide number of complex administrative duties related to implementing PACC’s statutorily authorized working relationship with the Prosecuting Attorneys Association of Michigan (PAAM). This position serves as the coordinator for three statewide conferences for prosecuting attorneys and is the seminar planner and administrator for two statewide conferences for support staff who serve prosecuting attorneys. Duties include: handling of highly complex and varied executive support activities; record keeping and preparation of reports; monitoring and scheduling of the Senior Deputy Director’s calendar and related travel; reviewing, proofreading, and editing letters, memoranda, and reports; reviewing incoming contacts (i.e. mail, phone calls, etc). Closing dating: 5:00 p.m. on Wednesday, November 30, 2022.

Division Legal Secretary Supervisor – Financial Crimes Division. Lansing or Detroit, MI. The function of this position is to serve as the Section Head Secretary of the White-Collar Unit within the Department of Attorney General’s Financial Crimes Division and to serve as a supervisor to other secretaries and support staff of the White-Collar Unit within the Division, assisting the managing Assistant Attorney General. Duties include first-line supervision of section’s legal secretaries and other support staff; handling of executive support activities; performing advanced legal secretarial duties in litigation cases; record keeping, case control, and preparation of reports regarding section activities. Closing dating: 5:00 p.m. on Sunday, November 27, 2022.

Departmental Analyst – Criminal Trials and Appeals Division. Lansing or Detroit, MI. This position will serve as a victim advocate for the Criminal Trials and Appeals Division and will assist victims identified as part of a departmental criminal case from the pre-charging stage all the way through sentencing. Most importantly in these proceedings, the victim advocate serves as the liaison between the Attorneys assigned to their case and serves as the main contact person for the Department for the victims. This advocate will work on cases involving sexual assault, and sexual assault kit cases. This advocate will serve as the liaison between the DAG and the Sexual Assault Kit Initiative (SAKI) programs throughout the state. The advocate will also work cooperatively with other advocates in CTA to cover cases of other crimes, such as homicide, elder abuse, fraud, and anything else that requires advocacy support. Prior work with sexual assault victims, and crime victims, and knowledge of community-based services is beneficial. Closing date: 5:00 p.m. on Sunday, December 4, 2022.

Staff Attorney – Public Service Division. Lansing, MI. As an entry level attorney under the general supervision of the Division Chief or the First Assistant, represents the Michigan Public Service Commission (MPSC) at designated meetings and administrative hearings; appears on behalf of the MPSC in state and federal courts; provides day to day legal counsel to the MPSC staff, and responds to citizen complaints/inquiries. Closing date: 5:00 p.m. on Sunday, December 4, 2022.

Tolowa Dee-ni’ Nation

Tribal Attorney. Smith River, CA. The Tribal Attorney negotiates contracts and develops ordinances, regulations, policies, and procedures to present to the Tribal Council for approval and to ensure the Nation’s Tribal sovereignty is protected and enhanced. For complex legal issues, litigation, proposed transactions, and other priorities of the Tribal Council, the Tribal Attorney will coordinate with the Nation’s contracted outside legal experts to facilitate legal advice and representation to the Tribal Council. The ideal candidate for the Tribal Attorney will be trained and experienced in Federal Indian Law and Tribal law and will require minimal managerial supervision from the Executive Director and minimal legal mentorship to drive the Nation’s in-house objectives. Closing date: February 16, 2023.

Mohegan Tribal Member Services

Health and Welfare Executive Officer. Uncansville, Connecticut. The Health and Welfare Executive Officer of the Mohegan Tribe will handle the overall administration and operation of the Tribal Member Services Department (TMS). This role is responsible for improving the overall well-being for the Mohegan Tribal Community, employees, and visitors to the reservation. The Health and Welfare Officer will set overall strategic direction of the department and will implement short and long-range goals and objectives. They will promote delivery of integrated services to meet the health and welfare needs of tribal members and their families. Please contact Adam.Floyd@KornFerry.com for all inquiries. Position is opened until filled.

Little Traverse Bay Bands of Odawa Indians

Legislative Services Attorney. Harbor Springs, MI. The primary function of the Legislative Services Attorney is to serve the Tribal Council and provide legal advice in order to promote and protect Tribal Sovereignty, Tribal Self-sufficiency, and Tribal Self-determination. The Legislative Services Attorney shall interact and communicate with Tribal Council and Tribal Council committees, representatives from other tribes, local, state, and federal units of government when necessary; and in some cases, the Tribal citizens, while maintaining effective cooperative relationships. The Legislative Services Attorney will provide representation of Tribal Council; provide advice and analysis of the Tribal Constitution, Tribal Codes, state and federal laws and regulations; negotiate and draft legal, business and State/Tribal documents; and draft Resolutions, Statutes, Certified Motions, policies, procedures, Legislative Directives, Declarations, Special Tributes, agreements, proposals, legal memorandums, Memorandums of Understandings (MOU), Leases and contracts for the Tribe and Tribal Council. Open until filled.

Navajo Nation Department of Justice, Office of the Attorney General

Principal Tribal Court Advocate. Window Rock, AZ.  Performs legal work related to representation of the Navajo Nation government, as assigned by the Assistant Attorney General, including legal research, negotiations, legal writing, drafting pleadings, briefs, memoranda, resolutions and other documents for the divisions, departments, or programs assigned. Child Support Enforcement: Present child support enforcement cases before the Office of Hearings and Appeals. Participate in case staffing with Child Support Enforcement officers; provide legal advice and case strategy. This position is open until filled.

Principal Attorney (Water Right Unit). Window Rock, AZ.  Under general direction of the Assistant Attorney General or the Attorney General and Deputy Attorney General, professionally represents the Nation in multiple water rights adjudications pending in state and federal courts, in state administrative water rights matters and in any settlement negotiations concerning the Nation’s water rights. The Principal Attorney works closely with technical staff within the Water Rights Unit Staff, Department of Water Resources and other programs within the Navajo Nation, and with consultants retained to provide technical support to the Nation or to serve as expert witnesses. The Principal Attorney provides legal advice on all water rights matters to the Office of the President and Vice President, the Office of the Speaker, the Navajo Nation council, and its committees and subcommittees and the Navajo Nation Water Rights commission (NNWRC) to ensure that the water rights of the Navajo Nation are effectively pursued and protected.  This position is open until filled.

Principal Attorney. Window Rock, AZ.  Under general direction of the Assistant Attorney General or the Attorney General and Deputy Attorney General, represents the Navajo Nation government; Review documents, such as service contracts, sub-recipient and grant agreements, legislation, proposed policies, etc., for legal sufficiency. Participate in negotiations regarding legal documents/agreements with parties outside of the Navajo Nation. Respond to Request for Services and other legal inquiries from clients. Perform legal research and provide legal advice verbally and in writing. Legal advice and services will include: conducting initial eligibility determination reviews on proposed FRF expenditure plans; interpreting federal, state, and Navajo laws, regulation, policies, and procedures; and advising on legal compliance in the implementation of FRF programs and projects. This position is open until filled.

Attorney (Litigation Unit). Window Rock, AZ.  Legal work related to federal, Navajo Nation, and state court and administrative tribunal representation of the Navajo Nation Government, as assigned by the Assistant Attorney General of the Litigation Unit or the Office of the Attorney General, and Deputy Attorney General, including legal research, pleading drafting, and settlement negotiation for Litigation Unit of the Department of Justice. Review of proposed disciplinary actions by Navajo Nation government programs for compliance with Navajo Nation Personnel Policies Manual and Navajo Preference in Employment Act. Drafting of proposed Navajo Nation legislation, regulations, and policies. Other duties as assigned.  This position is open until filled.

Attorney (Human Services and Government Unit). Window Rock, AZ.  Under general direction of the Assistant Attorney General or the Attorney General and Deputy Attorney General, represents the Navajo Nation government in reviewing documents, such as services contracts, sub-recipient and grant agreements, legislation, proposed policies, etc., for legal sufficiency. Participates in negotiations regarding legal documents/agreements with parties outside of the Navajo Nation. Respond to Request for Services and other legal inquiries from clients. Perform legal research and provide legal advice verbally and in writing. Legal advice and services will include: conducting initial eligibility determination reviews on proposed FRF expenditure plans; interpreting federal, state, and Navajo laws, regulation, policies, and procedures; and advising on legal compliance in the implementation of FRF programs and projects.  This position is open until filled.

Attorney Candidate. Window Rock, AZ.  Under general direction of the Assistant Attorney General, the Attorney General, or the Deputy Attorney General, provides legal direction to Navajo Nation Divisions, Departments and offices, regarding a wide range of legal issues, including statutory and regulatory authority, contracts and procurement issues, and intergovernmental relations; Assists Attorneys; prepares and presents civil cases in tribal court and administrative bodies; confers and provides guidance, and prepares advisory opinions for assigned departments and branches of the government; prepares interpretations of new legislation and judicial decisions; reviews contracts, leases, permits and related documents; interviews witnesses, complainants, and others on a variety of legal matters; conducts legal research, prepares briefs, pleadings and other legal documents.  This position is open until filled.

Senior Attorney (Tax and Finance Unit). Window Rock, AZ.  Respond to Requests for Services and other legal inquiries from clients, particularly in the area of the American Rescue Plan Act (ARPA) and federal Fiscal Recovery Funds (FRF). Perform legal research and provide legal advice orally and in writing.  Legal advice and services will include: conducting initial eligibility determination reviews on proposed FRF expenditure plans; interpreting federal, state, and Navajo laws, regulations, policies, and procedures; as well as advising on legal compliance in the implementation of FRF programs and projects. Participate in Legislative Branch and Executive Branch meetings, including Standing Committee meetings and Council Sessions, regarding approval of FRF expenditure plans and the planning and implementation of FRF programs and projects, in order to respond to legal questions pertaining ARPA and the use of FRF.  This position is open until filled.

Principal Attorney (Human Services and Government Unit). Window Rock, AZ. Provides legal direction to other attorneys and advocates in providing complex legal representation of Navajo Nation Divisions, Departments, and Programs regarding a wide range of legal issues. Some legal issues may include statutory and regulatory review, contract disputes and procurement issues, and intergovernmental relations; performs professional legal work, research; presents cases in court and performs related duties as required; confers with, gives advice to and prepares opinions for various departments and branches of the Navajo Nation; drafts legal and judicial processes; prepares interpretations of new legislation and judicial decisions; reviews contracts, mortgages, leases, permits and related documents; conducts interviews on a variety of legal matters; conducts legal research, prepares briefs, pleadings and other legal documents. Advises clients and members of the various oversight committees of the Navajo Nation Council, as is required, on legal questions. Provides opinions on Navajo Nation law and policies and/or legislations/resolutions that may impact the Navajo Nation. Assist in routine operation of the Department of Justice. This position is open until filled.

Legal Secretary (Water Rights Unit). Window Rock, AZ. Under the direction of the Administrative Legal Secretary and the Assistant Attorney General, provides general office support by greeting clients, answering telephone calls, and screening and routing calls, requests and visitors to Unit staff. Records messages accurately left by clients, callers, visitors, etc. Understands and utilizes software and technology necessary to perform duties, i.e. Microsoft Office, Outlook, Windows, Excel, PowerPoint, etc. Operates a variety of office equipment, including transcribing machines, calculators, copiers, facsimile machines, scanners, binding machines, printers, paper shredders and other types of equipment as technology changes. Schedules meetings, conferences, conference calls and other types of appointments. Prepares agendas and meeting materials. Prepares and assists in the preparation of notices, petitions, pleadings, complaints, briefs, summons, orders, affidavits and other legal forms and documents. Transcribes hearings, depositions, and minutes for use by attorneys. Develops and maintains case files for the Water Rights Unit. Prepares and/or assists with travel arrangements and required and related travel documents for Unit staff. Assists with administrative duties of other NNDOJ Units when assigned. Participates in general building maintenance in partnership with other NNDOJ Units. This position is open until December 01, 2022 by 5:00 p.m.

Navajo Nation Office of the Prosecutor

Prosecutor. Kayenta, AZ.  Represents the interest of the Navajo Nation in juvenile adjudications, dependencies, Children in Need of Supervision (CHNS); research and study of litigation of juvenile proceedings and child neglect cases including appellate cases, reviews police, social service, and related reports/complaints, and other law enforcement documents and reports; prepares oral arguments, gathers facts and data; determines if sufficient evidence exists to support the charges; attends juvenile related hearings in Navajo Nation Courts; conducts legal research; drafts complaints, motions and/or other legal proceedings; prepares a legal strategy; identifies and subpoenas witnesses, records and other information required to present the case, prepares legal memoranda, briefs, motions and other required documents for court presentation; performs extensive legal research. Makes decisions in sensitive case and seeks assistance as needed in the juvenile matter. This position is open until filled.

Senior Prosecutor. Crownpoint, NM. Represents the interest of the Navajo Nation in prosecuting individuals alleged to have violated provisions of the Navajo Nation Code and present major and complex litigation in District and Family Courts. Reviews citations, arrest sheets and other law enforcement documents and reports; interviews witnesses, gathers facts and data; determines if sufficient evidence exists to support the charges; conducts legal research; drafts complaints, motions and/or other legal proceedings; prepares a legal strategy; gathers and compiles evidence; identifies and subpoenas witnesses, records and other information required to present the case. Prepares and presents criminal and civil cases in the Navajo Nation and appellate courts; prepares legal memoranda, briefs, motions and other required documents for court presentation; collaborates with law enforcement agencies; and negotiates settlement with opposing parties. This position is open until filled.

Prosecutor. Crownpoint, NM.  Represents the interest of the Navajo Nation in prosecuting individuals alleged to have violated provisions of the Navajo Nation Code; reviews citations, arrest sheets and other law enforcement documents and reports; interviews witnesses, gathers facts and data; determines if sufficient evidence exists to support the charges; conducts legal research; drafts complaints, motions and/or other legal proceedings; prepares a legal strategy; gathers and compiles evidence; identifies and subpoenas witnesses, records and other information required to present the case. Prepares and presents criminal and civil cases in the Navajo Nation and appellate courts; prepares legal memoranda, briefs, motions and other required documents for court presentation; performs extensive legal research. This position is open until filled.

Click here for last week’s job announcements!