High Country News Profile of Cougar Den Case


Posted in Author: Matthew L.M. Fletcher, economic development, Research, Supreme Court, treaty rights | Tagged , , , , , ,

Tribal Court Room Policies and Procedures Manuals – NILL seeks copies

Hello –

The National Indian Law Library (NILL) would like to build a collection of tribal court policies and procedures manuals/handbooks.  These manuals would include information for tribal court personnel on issues such as the use of recordings and general policies and procedures.
Please contact Davis Selden dselden@narf.org if you have information to share on this topic.

These materials will complement NILL’s Tribal Law Gateway.

Thank you!  David


Posted in Research

Recent Indian Law Scholarship Posted on SSRN


Native American Oral Evidence: Finding a New Hearsay Exception

Number of pages: 48 Posted: 17 Feb 2019
Working Paper Series
Boston University – School of Law

Human Rights, Indigenous Peoples, and the Global Climate Crisis

Wake Forest Law Review, Vol. 53, No. 713, 2018
Number of pages: 26 Posted: 14 Feb 2019
Accepted Paper Series
Texas Tech University School of Law

Originalism and Indians

Tulane Law Review, Vol. 93, No. 269, 2018
Number of pages: 69 Posted: 14 Feb 2019
Accepted Paper Series
Texas Tech University School of Law

At the Intersection of Health and Justice: How the Health of American Indians and Alaska Natives Is Disproportionately Affected by Disparities in the Criminal Justice System

Belmont Law Review, Vol. VI, p. 41 (2018), Belmont University College of Law Research Paper No. 2019-3
Number of pages: 37 Posted: 04 Feb 2019
Accepted Paper Series
Georgetown University – School of Nursing & Health Studies, O’Neill Institute for National and Global Health Law and Prometheus Federal Services

The United States First Climate Relocation: Recognition, Relocation, and Indigenous Rights at the Isle de Jean Charles

Belmont Law Review, Vol. 6, p. 1 (2018), Belmont University College of Law Research Paper No. 2019-2
Number of pages: 40 Posted: 04 Feb 2019
Accepted Paper Series
Southern University Law Center

Re-Enchanting the World: Indigenous Peoples’ Rights as Essential Parts of a Holistic Human Rights Regime

UCLA Journal of International Law and Foreign Affairs, Vol. 15, No. 239, 2012, St. Thomas University School of Law (Florida) Research Paper No. 2018-01
Number of pages: 50 Posted: 31 Jan 2019
Accepted Paper Series
St. Thomas University School of Law

Virginia’s First Slaves: American Indians

Number of pages: 24 Posted: 14 Jan 2019
Working Paper Series
Arizona State University (ASU) – Sandra Day O’Connor College of Law
Posted in Author: Matthew L.M. Fletcher, Scholarship

Burt Lake & Interior Cross-Motions for Summary Judgment

Here are the materials in Burt Lake Band of Ottawa and Chippewa Indians v. Bernhardt (D.D.C.):

27-1 Burt Lake MSJ

30 DOI Cross Motion

32 Burt Lake Reply

Prior posts here and here.

Posted in Author: Matthew L.M. Fletcher, federal recognition, Michigan Indian, Regulations, Research | Tagged , , , ,

Federal Court Allows Pequots to Amend Complaint re: Improper Political Influence over Zinke in Gaming Compact Approval

Here are the new materials in State of Connecticut v. Dept. of Interior (D.D.C.):

60-1 Mashantucket Motion to File Amended Complaint

60-2 First Amended Complaint

62 Interior Opposition

63 MGM Opposition

65 Reply

66 Mashantucket Notice of Supplemental Authority

67 MGM Notice of Supplemental Authority

68 Interior Response to Notice

69 Plaintiffs Response to MGM Notice

70 Mashantucket Reply

72 DCT Order

Prior post here.

Posted in Author: Matthew L.M. Fletcher, IGRA, Indian gaming, Research | Tagged , , , ,

National Indian Law Library Bulletin (2/15/2019)


The National Indian Law Library added new content to the Indian Law Bulletins on 2/15/19.

Federal Courts Bulletin
First Interstate Bancsystem, INC. v. First Interstate Bank  (Official Tribal Government)
Swinomish Indian Tribal Community v. Army Corps of Engineers
 (Clean Water Act)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article) 

  • No Ordinary Lawsuit: The Public Trust and the Duty to Confront Climate Disruption—Commentary on Blumm and Wood. 
  • Climate change and the Arctic: Ideas for how the United States and Canada can protect their Arctic Indigenous peoples. 

News Bulletin
In the Environment and Energy section, we feature an article about the Green New Deal and what it might mean for tribes.

U.S. Legislation Bulletin 
The following bills were introduced: 

  • H.R.1151: To allow veterans to use, possess, or transport medical marijuana and to discuss the use of medical marijuana with a physician of the Department of Veterans Affairs as authorized by a State or Indian Tribe, and for other purposes. 
  • H.R.1191: To amend section 520E of the Public Health Service Act to require States and their designees receiving grants for development and implementation of statewide suicide early intervention and prevention strategies to collaborate with each Federally recognized Indian tribe, tribal organization, urban Indian organization, and Native Hawaiian health care system in the state. 

Regulatory Bulletin
The update includes two Department of the Interior, Bureau of Indian Affairs, notices of land acquisitions for tribes.

Posted in Author: Matthew L.M. Fletcher, Research | Tagged

Friday Job Announcements

Job vacancies are posted on Fridays. Any posts received prior to 12pm EST on Friday will appear in that Friday’s announcements. If you would like to submit a post for an open Indian law or leadership job, please send a brief description of the position (which includes position title and location) as well as a PDF job announcement to indigenous@law.msu.edu.


Little River Band of Ottawa Indians

Legal Intern(s), Manistee, MI. Intern(s) will work closely with the Unified Legal Department in several clearly defined projects to be completed. Interns will assist the Unified Legal Department in its role as in-house legal counsel to the Little River Band of Ottawa Indians. The Unified Legal Department provides legal services and representation to the Tribal Government and its Enterprises, including Elected Officials, Departments, Commissions, and the Little River Casino Resort. Applications will be reviewed on a revolving basis, beginning December 1, 2018, until the position(s) is filled. Applications may be sent via email to the Unified Legal Department at UnifiedLegal@lrboi-nsn.gov.

Manhattan Legal Services

Summer Internship(s), Manhattan, NY.  The law student’s responsibilities may include: client intake, interviewing and outreach; Legal research and writing; Observation of court proceedings and/or administrative hearings; and advocacy and representation with administrative agencies. The law students will receive close supervision and will also have many opportunities to attend court proceedings and interact with clients. This could possibly satisfy educational requirements; stipends may be available through a fellowship program such as the Skadden Fellowship Foundation. Please see the position description for more information.


Intertribal Agriculture Council

Development Director, duty station is flexible. This position matches the initiatives, staff, and other resources of the organization with funding opportunities on a broader scale. Facilitate and fund partnerships to further improve our ability to promote economic development through sustainable agriculture. If interested please submit a detailed letter of interest and resume for consideration to kari@indianaglink.com. Application closes February 15, 2018 at 5:00pm (MST). For more information, please visit http://www.IndianAgLink.com.

Native Governance Center

Finance & Operations Director, St. Paul, MN. This position provides overall direction for all financial management, accounting and budgeting function, will oversee the organization’s Human Resource function and processes, and technology services. The ideal candidate is energized by working in a setting reflective of the consistent change, pace and realities of a new and developing organization. Full description and application instructions at: nativegov.org/careers.

Fort McDowell Yavapai Nation

Assistant General Counsel, Fountain Hills, AZ. Serves as legal advisor to the Tribal Council, tribal government departments and economic enterprises; Provides legal advice and analysis of tribal, state and Federal laws and regulations, specifically in relation to water and environmental law and policies; Drafts and revises the Tribal Constitution, Law and Order Code, other tribal laws, ordinances, and policies; Works at hours and times outside of normal business hours and days; and more. Application closes March 7, 2019.

Queens Legal Services

Reader/Intake Paralegal, Jamaica, NY. The reader/intake paralegal will be responsible for reading court and government agency documents, client documents and other papers to the staff attorney; will assist the attorney as needed in client meetings at the office and off-site at court, administrative hearing offices, and outreach locations; will be responsible for helping with other administrative tasks as needed to support the staff attorney, including but not limited to: maintaining paper and electronic files; completing handwritten and fillable electronic immigration forms at the attorney’s direction; and organizing and formatting documents for court hearings and filings. Please see the job description for more information.

Executive Assistant, Jamaica, NY. The Executive Assistant to the Project Director will work closely with the MLS Project Director and leadership team in key areas including the following: Providing support to our Board of Directors, including taking minutes at evening Board Meetings; Assisting with employee orientation and personnel-related documents; Coordinating the hiring process; Helping manage escrow and other fiscal-related tasks; Monitoring staff timekeeping; Helping coordinate and support receptionists and secretarial staff, including overseeing scheduling; and more. For more information please see the job description.

Legal Services NYC

Clinical Social Work Supervisor Part-Time – Consultant, New York, NY. Legal Services NYC seeks a Licensed Clinical Social Worker as a consultant to provide supervision to 6 MSW level staff located in multiple borough offices. Supervision would include clinical supervision as well as supervision to address the complexities of social work in an interdisciplinary setting. Up to 20 hours per month is anticipated and scheduling is flexible. Travel to local borough offices is required. Please see the job description for more information.

Kickapoo Traditional Tribe of Texas

Staff Attorney, Eagle Pass, TX. Work with Native American individuals, families, organizations and Tribal governments in all areas of Federal Indian Law, including but not limited to, advising on issues involving jurisdiction, estate planning, trust assets, tribal governance, employment, and the Indian Child Welfare Act. May represent clients in court or before quasi-judicial or administrative agencies of government. This position is full-time. Application is open until filled. Click here to apply.

Prosecutor, Eagle Pass, TX. Prosecuting attorneys are licensed lawyers who represent KTTT in criminal cases against individuals or groups accused of illegal activity. Must have a Juris Doctor (JD) or equivalent law degree from an accredited institution and be licensed to practice law in the state, with a minimum of 7 years’ experience. This full-time position is open until filled. Click here to apply.

Director of Police, Eagle Pass, TX. Under Tribal Administrations re-organizational plan, organize and direct the efficient operation of the police department through the direction of subordinate officers who maintain law and order, prevent crimes, protect life and property, and assure all police services are delivered in a safe, effective and timely manner. This full-time position is open until filled. Click here to apply.

The Chehalis Tribal Court

Associate Judge, Oakville, WA. Seeking a part time associate judge to preside over the civil dockets, which includes general civil matters and family law cases.  The Confederated Tribes of the Chehalis Reservation is a small rural community located approximately 25 miles south of Olympia, Washington.  This is a contractual position for 2 to 3 court days per month. Interested persons must have a law degree and at least 5 years of experience in civil and family law matters.  Tribal law experience is required.  American Indian applicants are encouraged to apply.  Contract terms are negotiable.  Please send all inquiries to court@chehalistribe.org or call 360-709-1615.

The Nez Perce Tribe’s Office of Legal Counsel

Full-time Staff Attorney, Lapwai, ID.  The ideal candidate: is comfortable handling litigation, transactional negotiations, project management, and strategic planning; is a team player; exercises sound judgment; possesses excellent research, writing, and oral communication skills; is able to analyze complex factual, legal, and policy issues, delve deeply into any area of law, and respond to the wide array of legal issues that require prompt and accurate analysis. Areas of emphasis for this position include federal Indian law, commercial transactions, employment law, and land matters. Submit résumé, 5-10 page writing sample, 3 letters of reference, and job application (available at www.nezperce.org) to Human Resources Director, P.O. Box 365, Lapwai, ID 83540.  For questions about the position, contact Julie Kane, Managing Attorney, at 208-843-7355.

Tohono O’odham Nation

Assistant Executive Counsel, Sells, AZ. The Assistant Executive Counsel provides legal counsel and representation to the Chairman and Vice-Chairmen of the Tohono O’odham Nation as well as to executive branch departments, offices, and programs in all areas of Indian law. The position will handle a combination of transactional work and litigation. The ideal candidate will have at least three years of civil litigation experience within a law firm. Must be a member of the Arizona State Bar in good standing OR eligible to become a member. To apply, please send a cover letter, resume, and a writing sample to Wendell R. Matt, Executive Counsel, via email at wendell.matt@tonation-nsn.gov. If you have any questions please call (520) 383-2028.

Hoopa Valley Tribal Court and Rise Above

RFQ. Rise Above in collaboration with The Hoopa Valley Tribal Court is seeking a subcontractor to help establish program policies and procedures and needed infrastructure for the Hoopa Valley Tribal Court Crime Victims Service Program, provide services for victims and survivors within the jurisdictional boundaries of the Hoopa Valley Tribe, which is located in Northern California, 95546. The RFQ is due February 22, 2019.

See posts from February 8, 2019.



Posted in jobs, Research | Tagged , , , ,

Comments Needed for Kansas ICWA Pro Hac Vice Rule Exception

The Kansas Supreme Court is seeking comments on an amendment for to the pro hac vice rule to exempt out of state ICWA attorneys from fees and associating with local counsel. Deadline for comments is March 15, 2019. Rule is here.

Kansas Supreme Court accepting public comment on Rule 116
TOPEKA—The Kansas Supreme Court is accepting public comment on amendments to Rule 116 regarding admission of out-of-state attorneys to make it easier for a tribe to exercise its rights to participate in Indian Child Welfare Act Proceedings.

The Supreme Court will accept comment until 5 p.m. Monday, March 18, 2019. Comments are to be sent to rulenotice@kscourts.org with “Rule 116” in the subject line.

Amendments to Rule 116 are requested by the Kansas Judicial Council, on the recommendation of its Tribal-State Judicial Forum.

Among the amendments requested is new language that exempts an out-of-state attorney appearing in an Indian Child Welfare Act proceeding from paying a fee and from a duty to associate with local counsel. The out-of-state attorney would still need to file a motion for admission pro hac vice, accompanied by the attorney’s verified application.

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , ,

Federal Court Dismisses Dakota Access Pipeline-Related RICO Suit Brought by Pipeline Co. against Greenpeace and Individual Indians

Here are the materials in Energy Transfer Equity LP v. Greenpeace International (D.N.D.):

95 Amended Complaint

102 Greenpeace Fund MTD

103-1 Greenpeace Intl MTD

111 Response

121 Two Bulls MTD

125 Response

126 Two Bulls Reply

130 Montoya MTD

131 Response

135 DCT Order

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Research, treaty rights | Tagged , , , , ,

Texas Prevails in Suit against Ysleta del Sur Pueblo over Bingo

Here is the order granting Texas’ motion for summary judgment in State of Texas v. Ysleta del Sur Pueblo (W.D. Tex.):

183 DCT Order

Briefs are here.

Posted in Author: Matthew L.M. Fletcher, IGRA, Indian gaming, Research | Tagged , ,