Ninth Circuit Resuscitates Federal Tort Claims Act Brought by Tribal Police Officer Fired by Reno-Sparks Indian Colony

Here is the opinion in Miller v. United States.

Briefs:

Appellant Brief

Federal Answer Brief

Reply

Elizabeth Reese on the Cooley Argument [SCOTUSBlog]

Here.

Indigenous Law Conference Call for Art due April 1

Since 2007, the Indigenous Law Conference commissions one American Indian, Alaska Native, Native Hawaiian, or Canadian First Nations artist each year and features their art on conference materials and the website. For more information and to submit, visit www.indigenouslawconference.com/call-for-art. Deadline to submit is April 1, 2021. Spread the word!

Friday Job Announcements

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
    1. position title,
    2. location (city, state),
    3. main duties,
    4. closing date,
    5. and any other pertinent details such as links to application;
  2. An attached PDF job announcement.

Solicitor’s Office, Division of Indian Affairs, Branch of Environment and Lands

Attorney-Advisor, Washington, D.C. Incumbent reviews and prepares litigation reports, oversees discovery, drafts pleadings, and reviews all Department of Justice filings in judicial litigation on matters within assigned areas of responsibility arising out of the various programs and activities for Interior’s agencies. In addition, the incumbent advises top officials and program managers within the Office of the Assistant Secretary-Indian Affairs and the Bureau of Indian Affairs, Division of Trust Services. Closing date: 04/06/2021. Please see the position description for more information.

Swinomish Indian Tribal Community

Staff Attorney, La Conner, WA. Qualified applicants must have demonstrated a commitment to working with Native or other minority communities and have experience or demonstrated expertise in one or more of the following: contract drafting and negotiation; drafting statutes, policies and procedures; and representing public or private entities; as well as expertise in at least one of the following substantive fields of law:  Human Resources/Employment Law, Health Care, Real Estate, Tribal economic development or private sector commercial transactions, Social Services/Education, or Indian law. More information here and in the job description. Position open until filled.

The Association of Village Council Presidents (AVCP)

RFP. Soliciting proposals from qualified companies to provide accounting services. 04/30/2021: Submission deadline.  RFP closes, no proposal accepted after this time. must be received by 4:00 P.M., A.S.T., 4/30/21. Please see the attached request for proposal.  

Omaha Tribe of Nebraska

Chief Tribal Judge, Omaha Tribal Court, Macy, NE. The duties of the position are demanding and wide-ranging: (1) Conduct preliminary proceedings in criminal and civil matters; (2) Trial and disposition of all criminal and civil matters; and more. Application opens March 24, 2021 and is open until filled. Please see the position description for more information.

California Indian Legal Services

Staff Attorney, Escondido, CA. This position provides complex legal advice and guidance, conducts legal research, and drafts legal documents in all areas of Federal Indian law to provide assistance to Tribes, Tribal Organizations and individuals. For more information, please see the position description or to apply, visit https://www.calindian.org/about-us/#employment. This position is open until filled.

Nevada Legal Services

Indian Law Staff Attorney, Reno, NV. The Indian Law Program (ILP) provides a wide range of services to both tribal members and tribal governments. In that capacity, the ILP acts as public defender in a number of tribal jurisdictions and also serves as counsel to the Inter-Tribal Council of Nevada. The ILP also conducts clinical programs for a variety of tribal courts. Frequent travel throughout Nevada, including overnight stays, is required. Applications accepted through 4/15/21. More information here.

Grand Canyon Trust

Water Director, Colorado Plateau. With the conservation director and other staff, envisions, prioritizes, and implements strategies for the Grand Canyon Trust’s work on water. The position requires leadership, strategic and analytical thinking, strong relationship building skills, advocacy, and interpersonal skills. This position interfaces heavily with Tribal partners, federal agencies, state agencies, and non-governmental organization advocates in the region. Anticipated start date: May 1, 2021.Applications will be accepted on a rolling basis. Application review will begin on April 2, 2021 and will continue until the position has been filled. Apply here and see the position description for more information.

Law Student Opportunities

The Northern Arapaho Tribe of the Wind River Reservation

Legal Intern,summer 2021, Ethete, Wyoming. This position answers directly to the Northern Arapaho in-house counsel. All applicants must have completed their second year of law school with preference given to those that have completed a course in federal Indian law, Tribal law, or have completed a law school clinic program. The student intern will assist the in-house counsel with research, drafting, and other basic legal tasks. The intern will on occasion accompany the in-house counsel to meetings with Tribal Departments, attend Tribal Court cases and hearings, assist in drafting Tribal policies and procedures, and work with the in-house counsel on ICWA cases throughout the United States. The position will remain open until filled. See the position description for more information.

UCLA School of Law Native Nations Law and Policy Center

Law Student Summer 2021 Research Assistant, Tribal Legal Development Clinic.The Center works to enhance Indian nations’ laws and governmental institutions while advancing cultural resource protection. Summer RAs work on issues relating to tribal legal infrastructure research projects. Anticipated subject matters will include family law, alternative dispute resolutions, international and human rights law, and cultural resource protection. Students will be asked to conduct legal research, draft white papers, draft proposed tribal, state, and national legislation, and develop legal models. Candidates should be 1Ls or 2Ls with a demonstrated interest in Indian Law. Please submit applications by email to Heather Morphew (morphew@law.ucla.edu) and include: (1) a cover letter discussing qualifications and interests, (2) a resume, and (3) a transcript of studies in law school. Applications should be received by 5pm PT on Friday, April 2, and will be considered on a rolling basis and thereafter until the positions are filled. Please see the website for more information.  

Rothstein Donatelli LLP

Summer Law Clerk, Tempe, AZ.  Rothstein Donatelli Tempe office is seeking a 1L or 2L summer 2021 law clerk for its Indian law practice.  The law clerk will be given a variety of real work assignments for tribal clients and will learn what a career in a boutique Indian law firm entails. Interested candidates should send a cover letter, resume, two references, law school transcript and writing sample (a sample relevant to our practice area is preferred, but not necessary) to Manya Snyder at msnyder@rothsteinlaw.com.  The Application deadline is March 31, 2001. Please see the position description for more information.

See posts from March 19, 2021.

Federal Court Dismisses Remaining Comanche Claims against US over Chickasaw Casino

Here are the materials in Comanche Nation of Oklahoma v. de la Vega [formerly Zinke, then Bernhardt, and now should be Haaland] (W.D. Okla.):

106-1 Second Amended Complaint

113 Motion to Dismiss

120 Response

123 Reply

124 DCT Order

Prior posts here, here, and here.

FBI Releases Data on Missing Indigenous Persons

Here.

Federal Court Dismisses Prisoner Suit Seeking CARES Act Money from Kiowa Tribe

Here are the materials in Strange v. Kiowa Tribe (W.D. Okla.):

1 Complaint

12 Magistrate Report

15 DCT Order

Ninth Circuit Says Quiet Part Loud: Open Carry Laws Originated to Kill Indians and Slaves

Here is the opinion in Young v. State of Hawaii. An excerpt:

Some colonies’ issuance of carry requirements—especially to church, public gatherings, and other travel—reflects “adaptation to the realities of colonial life, especially [considering] the ongoing hostile relationship with Native Americans.” Cornell, 80 Law & Contemp. Probs. at 28. In addition to tense relations with Native Americans, southern colonies also feared the possibility of slave uprisings. Id

page 60, note 16.

Oral Argument in Colorado Supreme Court Case [ICWA]

Here

Colorado Gazette article on the case here.

Write up by MSU on the case here

When the Logan County, Colorado Department of Human Services removed two infant twin girls from the custody of their mother, the mother told the department that their father might have Chickasaw heritage. The department sent notice to the Chickasaw Nation, which responded that the children were eligible for citizenship and sent the necessary tribal citizenship forms to the department.

The Chickasaw Nation never got those forms back.

To all appearances, the agency simply ignored the notice from the Chickasaw Nation, and the Nation received no communication from the State. The State filed to terminate the mother’s parental rights and only at that point did Logan County disclose to the juvenile court that the children were eligible for enrollment in the Chickasaw Nation.