Mark Trahant (ICT) on Native Lawyers Who Should Be Considered for SCOTUS

Matthew L.M. Fletcher

Here is “The most important thing a president can do.”

An excerpt:

Yet there have always been Native American lawyers who could have served; the talent has always been there. It’s possible the next round of appointments could make history because so many Native American lawyers have the same or better legal experience than other appointments to the courts.

“Even over the past few years we have always had really great well qualified attorneys,” said Joel West Williams, Cherokee Nation, a senior attorney with Native American Rights Fund in Washington. “The biggest thing that has changed is they have worked their way into positions such as state supreme court justice — and that is a prime position from which to be selected.”

There are three Native Americans actively serving in the federal courts. President Barack Obama appointed U.S. District Judge Diane Humetewa, Hopi, in Arizona, and U.S. District Judge Derrick Watson, Native Hawaiian, in Hawaii. President Trump appointed U.S. District Judge Ada Elene Brown, Choctaw, in the Northern District of Texas.

There are three Native Americans now serving on state supreme courts, Justice Rachel Montoya-Lewis, Isleta Pueblo, in Washington, Ann McKeig, White Earth, and in Oklahoma, Dustin Rowe, Chickasaw.

Ak-Chin Indian Community Water Rights Claim to Proceed

Matthew L.M. Fletcher

Here are the materials so far in Ak-Chin Indian Community v. Maricopa-Stanfield Irrigation & Drainage District (D. Ariz.):

2020-05-08 – Dkt 011 – Maricopa-Stanfield_s Motion to Dismiss

2020-05-08 – Dkt 012 – Central Arizona Irrigation Motion to Dismiss

2020-05-29 – Dkt 017 – Plt_s Consolidated Response in Opposition to Defs_ Motions to Dismiss

2020-06-15 – Dkt 021 – Reply ISO Maricopa-Stanfield Irr & Drainage District_s Motion to Dismiss

2020-06-15 – Dkt 022 – CA Irr & Drainage District_s Reply ISO Motion to Dismiss

DCTOrderAk-Chin

The complaint is here.

Warigia Bowman on COVID, Coal, and the Navajo Nation

Matthew L.M. Fletcher

Warigia M. Bowman has posted “Dikos Nitsaa’igii-19 (The Big Cough): Coal, COVID, and the Navajo Nation” on SSRN.

Here is the abstract:

This essay makes the following arguments. First, the US federal government knows how to electrify remote rural areas, and has in fact electrified rural areas as remote and inaccessible as the Appalachian Mountains. Yet, the US government has failed to electrify Navajo. Second, Navajo Nation is surrounded by power plants which send electricity to Phoenix, Los Angeles, and parts distant, yet transmission lines and infrastructure have not been properly extended from those power plants to inside of Navajo Nation. Third, the health risks of residential coal burning are well known, and given the health risks of COVID-19 and the fact that underlying respiratory conditions make the Navajo quite susceptible to this disease, the need to address this infrastructure gap is urgent.

Robison on Tribal-Federal Cooperative Management of the Grand Canyon

Matthew L.M. Fletcher

Jason Robison has posted “Indigenizing Grand Canyon,” forthcoming in the Utah Law Review, on SSRN.

Here is the abstract:

The magical place commonly called the “Grand Canyon” is Native space. Eleven tribes hold traditional connections to the canyon according to the National Park Service. This Article is about relationships between these tribes and the agency—past, present, and future. Grand Canyon National Park’s 2019 centennial afforded a valuable opportunity to reflect on these relationships and to envision what they might become. A reconception of the relationships has begun in recent decades that reflects a shift across the National Park System as a whole. This reconception should continue. Drawing on the tribal vision for Bears Ears National Monument, this Article advocates for Grand Canyon tribes and the Park Service to consider forming a Grand Canyon Commission for cooperative management of Grand Canyon National Park. Establishing this Commission would mark the vanguard of the relational reconception, and, in this precise sense, the Commission would lay a foundation for “indigenizing” Grand Canyon.

Friday Job Announcements

Monica Williamson

To post an open Indian law or leadership job to Turtle Talk, send the following information to indigenous@law.msu.edu:

  1. In the email body, a typed brief description of the position which includes
    • position title,
    • location (city, state),
    • main duties,
    • closing date,
    • and any other pertinent details such as links to application;
  2. An attached PDF job announcement.

Three Affiliated Tribes Tribal Administration Headquarters

Staff Attorney, New Town, ND. Provide legal advice and counsel to the Three Affiliated Tribes, The Tribal Business Council and all Tribal Programs, entities and sub-divisions of the Tribes, including but not limited to representation before Tribal, Federal & State Courts and Administrative agencies. Review, drafting, and negotiation of contracts, including PL 93-638 Contracts with Governmental Agencies and other outside Agencies. For more information please see the job description. Application here. Application is open until filled.

UCLA Law

Richard Taylor Law Teaching Fellowship, 2021-2023. Applicants who intend to pursue a career as an assistant professor of law are invited to apply if their research interests concern topics at the intersection of race/racism, sexual orientation, and gender identity. The law teaching fellowship programs of Williams Institute and Critical Race Studies Program at UCLA Law are some of the oldest in the nation. For more information and to apply, please click here.

Quinault Indian Reservation

RFQ. The Quinault Indian Nation in Taholah, Washington is seeking a Chief Judge for the Quinault Tribal Court. Please see the detailed RFQ document for proposal qualifications and requirements. Proposals must be submitted by October 9, 2020. Anticipated start date will be early January, 2021. Proposals and/or questions about the RFQ should be submitted to lbruner@quinault.org.

Office of the Attorney General for the Mississippi Band of Choctaw Indians

Staff Attorney, Choctaw, MS. Under the direction of the Tribe’s Attorney General, the Staff Attorney is responsible for providing general legal services for the tribal government and representing the Tribe in various criminal and civil actions in tribal, state, and federal courts. This position is open until filled. The Tribe’s Employment Application can be found at http://www.choctaw.org/government/services/employment.html

Earthjustice

Staff Attorney, Fossil Fuels in Chicago, IL. See a brief description below. Earthjustice’s Fossil Fuels Program is hiring a Staff Attorney to join us in using the power of the law to protect communities and our environment from an onslaught of new oil and gas development. We use litigation, administrative advocacy, and partnership to advance an end to U.S. oil and gas extraction and production, and stop new infrastructure (e.g. petrochemical facilities, export terminals and pipelines). The Staff Attorney will focus on challenging upstream and new and expanding fossil fuel infrastructure development with an emphasis on the Ohio River Valley in Appalachia.  

See posts from September 4, 2020.