Here.
Here is our post on that case.
Fond du Lac Ojibwe Challenge to Mine Proceeds
Here are the materials so far in Fond Du Lac Band of Lake Superior Chippewa v. Wheeler (D. Minn.):
Federal Court Allows Some Tobacco Business Claims in Dispute between Sac and Fox, Seneca, and Susanville Rancheria Companies
Here are the materials so far in Allegheny Capital Enterprises LLC v. Cox (W.D. N.Y.):
An excerpt:
This is a diversity action commenced by a corporate entity affiliated with the Sac and Fox of Oklahoma Tribe (doing business in the Seneca Nation in New York) and a partnership doing business in the Seneca Nation. They claim that Defendants, officers of affiliated corporations of the Susanville Indian Rancheria (a Native tribe in California, also referred to as “SIR”), made misrepresentations to Plaintiffs that led to Plaintiffs entering into the tobacco manufacturing and distribution contracts with one of the affiliated corporations. Defendants represented that they had the authority to waive tribal sovereign immunity for the affiliate corporation and that the affiliate in fact waived that immunity. After an alleged breach of these contracts, Plaintiffs lodged claims against one of the affiliate corporations, but the corporation successfully asserted that it did not waive its tribal sovereign immunity. Plaintiffs then commenced this action against the officers; they did not name the corporation as a Defendant.
Before this Court is Defendants’ Motion to Dismiss (Docket No. 17) the Amended Complaint on sovereign immunity, jurisdictional, and pleading grounds. For the reasons stated herein, Defendants’ Motion to Dismiss is granted in part (dismissing claims against Defendants Stacy Dixon and Jolene Robles for lack of personal jurisdiction), denied in part (denying other grounds asserted). After resolution of this motion, Plaintiffs retain claims against Defendant Gretchen Cox.
Federal Court Enjoins Sale of National Archives in Seattle
UPDATED:
45_ORDER_PRELIMINARY INJUNCTION
Here is the minute order in State of Washington v. Vought (W.D. Wash.):
MINUTE ENTRY for proceedings held before U.S. District Judge John C. Coughenour- Dep Clerk: Gabriel Traber; Pla Counsel: Kristin Beneski, Lauryn Faas, and Lloyd Miller; Def Counsel: Brian Kipnis; CR: Nickie Drury; Time of Hearing: 9:00 AM; Courtroom: Zoom;Motion Hearing held on 2/12/2021 re 15 MOTION for Preliminary Injunction filed by Quileute Tribe Of The Quileute Reservation, Puyallup Tribe of Indians, American Historical Association, Tanana Chiefs Conference, Duwamish Tribe, Samish Indian Nation, Chinese American Citizens Alliance, Doyon Ltd, Confederated Tribes of the Chehalis Reservation, HistoryLink, Confederated Tribes Of Siletz indians, Confederated Tribes of the Grand Ronde Community of Oregon, Skokomish Indian Tribe, Confederated Tribes Of The Coos Lower Umpqua And Siuslaw Indians, Port Gamble S’Klallam Tribe, Muckleshoot Indian Tribe, Swinomish Indian Tribal Community, Spokane Tribe of Indians, Kalispel Tribe of Indians, Confederated Tribes and Bands of the Yakama Nation, OCA Asian Pacific Advocates Greater Seattle, Upper Skagit Indian Tribe, Wing Luke Memorial Foundation, Central Council of the Tlingit and Haida Indian Tribes of Alaska, Washington Trust for Historic Preservation, State of Oregon, Squaxin Island Tribe, Nooksack Indian Tribe, Quinault Indian Nation, Cow Creek Band Of Umpqua Tribe Of Indians, Association Of King County Historical Organizations, Suquamish Tribe, Nez Perce Tribe, Snoqualmie Indian Tribe, Historic Seattle, Hoh Indian Tribe, Museum Of History And Industry, The Klamath Tribes, State of Washington, Jamestown S’Klallam Tribe.
After hearing argument from Counsel, the Court informs the parties that an order granting the Plaintiffs’ motion for a preliminary injunction will be issued. (GT) (Entered: 02/12/2021)
Briefs are here.
Federal Court Declines to Enjoin Oak Flat Mining Project
Michigan COA Holds Mackinac Tribe Member May Have Treaty Rights
Here is the opinion in People v. Caswell:
An excerpt:
Defendant, Walter Joseph Caswell, is a member of the Mackinac Tribe of Odawa and Ojibwa Indians (the “Mackinac Tribe”). In October 2018, a Department of Natural Resources (DNR) conservation officer cited defendant for spear fishing in a closed stream in violation of MCL 324.48715 and MCL 324.48711.1 Defendant moved to dismiss the charges on the ground that he was a member of an Indian tribe or band granted hunting and fishing rights by 1836 and 1855 treaties with the United States federal government. The Mackinac County district court granted defendant’s motion upon concluding that the Mackinac Tribe was entitled to rights under the relevant treaties. On appeal from the prosecutor, the Mackinac County circuit court reversed on the ground that the Mackinac Tribe was not federally recognized and that federal tribal recognition is a matter for initial determination by the United States Department of the Interior. We granted defendant’s delayed application for leave to appeal. For the reasons explained below, we vacate the circuit court’s order and remand the case to the district court for an evidentiary hearing consistent with this opinion.
Briefs:
Job Announcements
To post an open Indian law or leadership job to Turtle Talk, send 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,
- and any other pertinent details such as links to application;
- An attached PDF job announcement.
The Indigenous Peoples’ Journal of Law, Culture & Resistance
(3+) Judges for the National Native American Law Students Association’s writing competition. Each judge must have significant knowledge of Federal Indian Law (five or more years experience practicing in the area of Federal Indian Law and/or specializing in Federal Indian Law in academia) and be available to read and judge submissions from March 5th to March 15th, 2021. If you are interested, please send your resume or CV to ipjlcr@lawnet.ucla.edu. Judges will receive a special note of appreciation and recognition in the front matter of Volume 7 of the Journal (forthcoming 2021).
Michigan State University College of Law
Assistant Director of Academic Support, Academic Success Program, East Lansing, MI. More information about this fixed-term, Academic Specialist Advisor position can be found in the posting is on the MSU’s Career website. Applications are due by Friday, March 5, 2021.
National American Indian Court Judges Association
RFP<a rel="noreferrer noopener" href="http://<!– wp:paragraph –> <p><a href="https://turtletalk.blog/wp-content/uploads/2021/02/conference-coordinator-rfp-20211-1.pdf" target="_blank" rel="noreferrer noopener">https://turtletalk.blog/wp-content/uploads/2021/02/conference-coordinator-rfp-20211-1.pdf</a>RFP, Conference Coordinator. The National American Indian Court Judges Association (NAICJA) invites proposals for a Conference Coordinator for the National Tribal Judicial and Court Personnel Virtual Conference, October 20-21, 2021. The virtual conference will provide quality, culturally-appropriate topics highlighting American Indian, Alaska Native, Native Hawaiian, and First Nations justice systems to more than 200 tribal judges, peacemakers and court personnel, with 20+ presenters, and 10+ vendors and exhibitors.</p> , Conference Coordinator. The National American Indian Court Judges Association (NAICJA) invites proposals for a Conference Coordinator for the National Tribal Judicial and Court Personnel Virtual Conference, October 20-21, 2021. The virtual conference will provide quality, culturally-appropriate topics highlighting American Indian, Alaska Native, Native Hawaiian, and First Nations justice systems to more than 200 tribal judges, peacemakers and court personnel, with 20+ presenters, and 10+ vendors and exhibitors.
Tanana Chiefs Conference
Tribal Development Division Director, Fairbanks, AK. This position provides leadership and direction for the TCC Tribal Development Division, developing and implementing strategies in accordance with organizational plan; incumbent will plan, direct, coordinate, monitor, evaluate the day to day operations of the Tribal Development Division. Open until filled. Apply online and see the position description for more information.
Family and Workforce Services Division Director, Fairbanks, AK. This position will plan, direct, coordinate, monitor, evaluate the day-to-day operations of Client Development programs administered by Tanana Chiefs Conference. Open until filled. Apply online and see the position description for more information.
Ute Tribal Court
Prosecutor, Fort Duchesne, UT. The Prosecutor is responsible for independently prosecuting criminal, juvenile, civil, and other cases in the Ute Indian Tribal Court. The applicant must be a Utah State Licensed Attorney or eligible and have a Juris Doctorate from an ABA accredited law school. Applicants should complete a Tribal Application Form at www.utetribe.com and then mail the completed application material. Please see the position description for more information.
Pueblo of Isleta
Presenting Officer, Request for Letter of Interest, Pueblo of Isleta, Albuquerque, NM. The Pueblo of Isleta is soliciting for a qualified contracted attorney to serve as a Presenting Officer for its Social Services, Truancy Departments, and Children’s Intervention Officer. The attorney must have experience in criminal and juvenile cases involving children and juvenile delinquents. Details are in the attached advertisement. Letter of Interest responses are due no later than Thursday, February 25, 2021 3:00 p.m. MST.
National Congress of American Indians
Chief Executive Officer, Washington, DC. Founded in 1944, NCAI is the oldest, largest, and most representative American Indian and Alaska Native organization in the country. NCAI’s CEO is responsible for administering and managing all strategic and operational aspects of the organization under the direction and supervision of the Executive Committee and collaborates with the Committee on creating a vision to support the long-term success of NCAI and the NCAI Fund. Closing date is Feb. 28, 2021. Please visit the website and see the job description for more information.
Policy Analyst, Washington D.C. Support the policy and advocacy functions of NCAI with respect to human service issues areas. NCAI provides essential information and education on key policy initiatives, enhances coordination and consultation with tribal governments, and leads efforts to unite tribal advocates to promote progressive, proactive Indian policy. NCAI also manages several grants to enhance relationships between tribal governments and the federal, state, and local governments in order to better meet the needs of tribal citizens, and uphold the government-to-government principles that are essential to the autonomy of tribal governments. Position is open until February 12, 2021 or until filled. Please see the position description for more information.
Trinidad Rancheria Tribal Court
Court Administrator, Trinidad, CA. Responsible for management and supervision of daily court operations and management, including assuming responsibility for the development, implementation and maintenance of case management systems, facilities management and security, strategic planning and fiscal activity, including budget development and administration and supervision of other financial matters of the Court. Application here and please see the position description for more information.
Tulalip Tribes
Attorney – Litigation/Environmental, Tulalip, WA. Handles all phases of litigation in tribal, state and federal courts. Provides legal advice and support to Natural Resources, Environmental and Land Use Departments for the Tulalip Tribes. Drafts and revises Tribal Codes, and more. Applications close February 22, 2021. For more information contact Michelle Sheldon at michellesheldon@tulaliptribes-nsn.gov.
Judicial Branch of the Navajo Nation
Staff Attorney, Chinle Judicial District, Chinle AZ. This position provides complex legal advice and guidance, conducts legal research, and drafts legal documents in support of judges and other court staff. For more information, please see the position description or to apply, visit http://www.courts.navajo-nsn.gov/vacancies.htm. This position is open until filled.
Staff Attorney, Aneth Judicial District, Aneth, UT. This position provides complex legal advice and guidance, conducts legal research, and drafts legal documents in support of judges and other court staff. For more information, please see the position description or to apply, visit http://www.courts.navajo-nsn.gov/vacancies.htm. This position is open until filled.
Staff Attorney, Kayenta Judicial District, Kayenta, AZ. This position provides complex legal advice and guidance, conducts legal research, and drafts legal documents in support of judges and other court staff. For more information, please see the position description or to apply, visit http://www.courts.navajo-nsn.gov/vacancies.htm. This position is open until filled.
District Court Judge, Judicial District Court, Navajo Nation Wide. The District Court Judge is responsible in presiding over civil, criminal and family court cases; provides policy direction and guidance in the operation of the Judicial District. For more information, please see the position description or to apply, visit http://www.courts.navajo-nsn.gov/vacancies.htm. This position is open until filled.
Michigan Indian Legal Services
Intern/Extern. Traverse City, MI. Provide assistance to attorneys on a broad range of cases. Open until filled. Please see the position description for more information.
New Mexico Legal Aid Native American Program
Staff Attorney, the office is located within the Santa Ana Pueblo lands, however, due to COVID-19, NMLA has allowed accommodations for remote work temporarily. NAP attorneys handle cases and matters in several jurisdictions involving federal Indian law and tribal law issues, including representation of low-income individuals in Pueblo and tribal courts and other forums, which may include family law, consumer law, and criminal law matters. Please see the position description for more information and to apply. Deadline to apply is February 19, 2021, otherwise open until filled.
AmeriCorps Member: Native Communities Medical-Legal Partnership Attorney. Practice Areas Children’s Rights, Consumer Protection/Debt/Bankruptcy, Disability Law/Rights, Education, Elder Law, Employment/Labor, Family Law, Native American/Indian/Tribal Law, and more. For more information and to apply, please see the position description. Deadline to apply is February 28th, 2021, however candidates are encouraged to apply sooner as applications will be reviewed on a rolling basis.
House Committee on Natural Resources
Member Services Coordinator. Reporting to the Director of Outreach & Engagement, the Member Services Coordinator plays a lead role in ensuring that the needs and priorities of the committee’s members are incorporated into its outreach and engagement activities, and actively cultivates opportunities to highlight and feature members and their interests. Please see the position description for more information.
Staff Assistant, Washington DC. The Democratic staff of the HNRC seeks an organized, enthusiastic, and detail-oriented Staff Assistant (SA). Candidates should be passionate about issues within the Natural Resources Committee’s jurisdiction, possess basic knowledge of the Committee process, have excellent time management and multitasking skills, and display an active willingness to learn. Full job description and instructions on how to apply can be found here and the attached job description. Deadline to apply is Wednesday February 17, 2021.
ACLU Montana
Policy Director, Advocacy and Policy Department. This is an opportunity for a visionary professional to build on the success of the premier civil liberties and civil rights organization in Montana. Application reviews begin March 8, 2021. Applications after that date are encouraged and will be accepted on a rolling basis until the position is filled. Please see the position description for more information.
Environmental Law Institute
Intern(s), research and publications departments, remote. Interns work directly with staff attorneys, editors, scientists, and economists on a variety of projects. Substantive areas of focus include domestic and international policy and law such as: land use, biodiversity, air quality, public health, and more. Positions are available throughout the academic year (minimum 15 hours/week during the fall and spring semesters) and during the summer (full-time). This position is for summer 2021 and will be fully remote. Compensation is not available. Applications for the summer internship will be accepted until 11:59 pm EST Friday, March 5, 2021. For more information, please visit ELI’s application system and visit www.eli.org.
Earthjustice
Associate Attorney, Chicago, IL, New York, NY or Philadelphia, PA. The Coal Program at Earthjustice is now accepting applications for an Associate Attorney to join our team of lawyers and advocates who are working to end the U.S.’s dependence on coal-fired power, stop proposed gas-fired power plants, and advance a just and equitable clean energy transformation. As Earthjustice handles coal litigation around the country, the position may entail significant travel. Please see the position description for more information.
Rosette, LLP
Associate Attorney, Grand Rapids, MI. Seeking an associate with office with 1-3 years’ experience in corporate law and governance, business transactions, federal consumer protection law, and/or working with Indian tribes. Experience in Federal Indian Law is preferred. Open until filled. Please see the position description for more information.
See posts from February 5, 2021.
Hon. Steve Hager Passes
Because honestly it was just too much to post about both Judge White and Judge Hager on the same day.
He always wanted to stop and talk about ICWA with me, and I was lucky for that.
Here.
NAICJA’s Statement:
The National American Indian Court Judges Association is heartbroken to announce the death of Judge C. Steven Hager, Board of Directors Region 1. Judge Hager served as an elected board member since 2017. Judge Hager was the Chief Judge for the Kickapoo Nation in Kansas and served on the Supreme Court for the Kaw Nation of Oklahoma. During his tenure on the Board of Directors, Judge Hager was an invaluable resource to our Tribal Civil and Criminal Legal Assistance Project and thoughtful jurist who helped shape NAICJA’s goals and visions.Judge Hager was a Senior Attorney at Oklahoma Indian Legal Services for over 30 years. He was an adjunct professor at the University of Oklahoma’s College of Law, teaching in the Masters of Law and L.L.M. programs. Judge Hager was also on the board of the Kansas Tribal-State Judicial Committee.
“Steve was a dedicated judge and member of our community who we will miss dearly,” stated President Richard Blake. His good friend and long-time colleague, Judge Greg Bigler, recalled, “Steve Hager was a great friend, and he was a pleasure to watch in court. We never knew if he would be at tribal court with some interns from OILS, or on his own. He was generous with his time and great legal knowledge to those in training. In court, I always knew when he stood up and started to take off his glasses that he was about to make a well taken point. It was usually about the law or concern over his juvenile clients, but it could also be a dry humorous comment about the current state of affairs we all suffered. He will be missed by the courts he practiced in, because he was a unique and talented friend. We could use more judges and lawyers with his dedication, caring, and spirit that could brighten any room. Steve would also want everyone to know that he always wanted to be a lumberjack.”NAICJA sends condolences to his wife, son, family and the communities where he served and practiced.
Briefing in Attempt to Enjoin Copper Mining Project at Chi’chil Biłdagoteel [Oak Flat]
Here are the materials in Apache Stronghold v. United States (D. Ariz.):
Trevor Reed on Indigenous Dignity and the Right to be Forgotten
Trevor Reed has posted “Indigenous Dignity and the Right to be Forgotten,” forthcoming in the BYU Law Review, on SSRN.
Here is the abstract:
Indigenous cultural documentation amassed over more than two centuries currently occupies the shelves and databases of American museums, universities, archives and other institutions. Field notes, photographs, sound recordings, maps, kinship charts, and all manner of other cultural materials collected from Tribal members constitutes what is perhaps America’s first instance of “big data.” While often touted by collectors and institutions as rich historical and cultural resources, I argue that some of these collections have become toxic in their preserved forms, separated from their communities’ modes of care. These materials are among those that Indigenous groups should have the right to remove from settler archives, museums, digital repositories, and other institutions and if necessary, erase, delete, or destroy. The kind of Indigenous right to erase sensitive cultural material held by settler institutions, the contours of which I begin to etch out in this symposium essay, is not unlike the right to be forgotten and other data privacy rights already adopted by the European Union, and to some extent, the State of California. While much of the debate surrounding the right to be forgotten in the United States has focused on tensions between personal autonomy and the right of the public to be informed, the collective rights of Indigenous peoples to maintain cultural dignity and sovereignty in the wake of colonization, I argue, provides a compelling case for recognizing an Indigenous right to be forgotten.
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