Church Parishioners Cert Petition in Seminole Tribe Immunity Case

Here is the petition in Eglise Baptiste Bethanie De Ft. Lauderdale Inc. v. Seminole Tribe of Florida:

Eglise Baptiste v Seminole Cert Petition

Questions presented:

(1) Is a Native American tribe sovereignly immune from a civil suit for damages caused by the off-reservation violations by its police officers of the “place of religious worship” provisions of the Freedom of Access To Clinic Entrances Act of 1994, 18 U.S.C. § 248(a)(2) (“the Access Act”)?
(2) Are the “place of religious worship” and civil remedies provisions of the Access Act, as applied to a congregational leadership dispute, unenforceable because those provisions violate the Establishment of Religion and Free Exercise of Religion Clauses of the First Amendment to the United States Constitution?

Lower court materials here.

Update:

Seminole BIO

NYTs: “Cleveland’s Baseball Team Will Drop Its Indians Team Name”

Here.

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.

Queens University

David Sharpe Professorship of Indigenous Law, Kingston, ON, Canada. Research and Teaching in the areas of legal traditions, legal practices, or approaches to governance of one or more Indigenous peoples or cultures and state or international laws relating to the rights of Indigenous peoples. Closing date is February 1, 2021. Application process & contact details can be found here. More information about the position here. Please see the position description for further details.

Confederated Tribes of the Umatilla Indian Reservation

RFP. The Confederated Tribes of the Umatilla Indian Reservation seeks attorney proposals designed to assist the CTUIR protect its interests as a member of the Hanford Natural Resource Trustee Council and the Portland Harbor Natural Resource Trustee Council. The successful candidate would enter into a contract agreement administered by the CTUIR Office of Legal Counsel (OLC) and begin services no later than January 2021. Apply here.  Umatilla is a tribal preference employer. Please see the position description for more information.

UCLA School of Law Emmett Institute on Climate Change & the Environment

UCLA Emmett/Frankel and Shapiro Fellowships in Environmental Law and Policy, Los Angeles, CA. Fellows work on issues relating to environmental law and policy and will generate policy-oriented publications and other products for the Institute, in collaboration with other UCLA Law faculty. Fellows typically work on projects related to climate change, natural resource conservation, environmental justice, pollution control, land use, international environmental governance, and other topics related to environmental law and policy. Fellows sometimes take on teaching responsibilities. Applications should be received by Tuesday, January 26, 2021, but will be considered thereafter until the position is filled. For more information and how to apply please see the job description.

Schwabe Williamson & Wyatt

1L or 2L Diversity Fellowship (summer 2021 associate), Anchorage, Alaska. Summer associates can expect to work with Associates and Shareholders conducting research and drafting memoranda, pleadings, and legal updates for continuing education purposes. Schwabe also has opportunities to volunteer at the firm-sponsored pro bono clinic. For more information and to apply, please visit our website (https://www.schwabe.com/careers-associates); applications close at 11:59pm Pacific Time on January 13, 2021.

Lower Sioux Indian Community

Assistant General Counsel, Morton, Minnesota. Main duties include assisting the General Counsel by providing in-house legal services that are guided by the goals and objectives set by the Community Council. You may apply online at here or by submitting a resume and application (download here) to Karen.Swann@lowersioux.com. The position is open until filled.

Mitchell Hamline School of Law

Program Administrator/Coordinator, St. Paul, Minnesota. (60%) Native American Law and Sovereignty Institute Program Administrator, (40%) Moot Court Competition Coordinator. Mitchell Hamline School of Law is a leader in pedagogical innovation dedicated to expanding access to high-quality legal education. Some physical presence at the workplace (post-COVID) is required each month, but applicants residing outside of Minnesota with the ability to travel to the workplace will be considered. For more information see the job description, and apply here.   

Sault Ste. Marie Tribe of Chippewa Indians

The Tribal Attorney – Prosecutor, Sault Ste. Marie, MI. Under the direction of the General Counsel, responsible for independently prosecuting criminal, juvenile, landlord-tenant, and other cases in tribal court and handling Indian child welfare cases in state court; Advises Sault Tribe Law Enforcement, Anishnaabek Community and Family Services (ACFS), DeMawating Development and Sault Tribe Housing Authority; Attends Court, drafts filings, perform research and enforces Indian Child Welfare Act; and more. Open Until Filled. Apply online. See the job description for more information.

Nottawaseppi Huron Band of the Potawatomi 

Paralegal, Pine Creek Indian Reservation, Fulton, MI. Develops and maintains archive files for all legal projects and tasks undertaken by the Legal Department; Develops procedures for file management and tracking of open project files for work assigned to the Legal Department; Composes memoranda, correspondence, and draft pleadings/documents pertaining to legal subject matters which may require considerable discretion and judgment; Draft legislation and policies for Tribal departments as directed; Conducts and analyzes results of legal research and applies to current issues/cases using traditional and computerized research techniques. Posting Ends 01/08/2021, 8:30 AM ET. Apply Though the NHBP Careers page. Please see the job description for more information.

Confederated Tribes of the Colville Reservation

Associate Judge, Nespelem, WA. Exempt position will provide a broad range of judicial functions at the trial court level   for the Confederated Tribes of the Colville Reservation’s Tribal Court. Preside over cases of Criminal, Civil, Juvenile and Judicial Review of Administrative Hearings as appointed by the Chief Judge. The person filling this position will be evaluated and mentored to potentially become Chief Judge in late 2022. Open Until Filled. Next Review Date: Friday, January 8, 2021. Apply online.

Rosette, LLP

Associate Attorney, Washington, D.C. This firm specializes in representing federally recognized Indian Tribes and their governmental entities and agencies. Qualified candidates should have 1-3 years’ experience in transactional, policy, and/or litigation work. Please respond to this job posting with your resume, writing sample and cover letter via e-mail to Saba Bazzazieh; sbazzazieh@rosettelaw.com. Please see the position description for more information.

Earthjustice

Staff Attorney, Fossil Fuels, Chicago, IL. 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.  For more information please see the position description.

Yurok Tribal Court

Staff Attorney – Education, Klamath, CA. Under the general supervision of the Tribal Court Director, Chief Judge, and Supervising Staff Attorney, the Staff Attorney will assist the Yurok Tribal Court in its legal programs offering assistance under the Youth Diversion program. The candidate will provide services directly to clients to assist with securing the proper services and supports necessary to help the client achieve in school. This may include special education placements, supports, and services. Open until Filled. Link to tribal job site here. Link to Yurok Tribe’s application here. Pleaswe see the position description for more information.

California Indian Legal Services

Staff Attorney, Sacramento, CA. Provide exceptional legal services in all areas of federal Indian law, including jurisdiction, taxes, estate planning, trust assets, environmental law, natural resources, tribal governance, employment, and the Indian Child Welfare Act (ICWA), among others.  Handle varied case load that may include representation of low-income individuals, state and federal court litigation, contract negotiation, advising tribal clients, and developing and implementing constitutions, codes, and policies for tribal clients.  Assist with or provide community education presentations.  Build and maintain relationships with tribes and Indian organizations in the Sacramento office’s service area.  Work on special grant projects as needed. Open until filled. Link to application here. Please see the position description for more information.

Lac Vieux Desert Band of Lake Superior Chippewa Indians

Assistant Prosecutor, Watersmeet, MI.  Provide vertical prosecution of all sexual assault, domestic violence and stalking cases in the LVD Court as well as assist in prosecution of other criminal matters.  This position also includes collaboration with Tribal Police to create and implement a training program for effective investigation of sexual assault, domestic violence and stalking involving tribal members both on and off Tribal lands.  For more information, please see the job description.  Deadline for application is November 6, 2020.  Application Here.

See last week’s post.

Federal Claims Court Dismisses Opioid Claims Arising under Bad Men Clause

Here are the materials in Cheyenne & Arapaho Tribes v. United States (Fed. Cl.):

7-1 US Motion to Dismiss

10 Response

11 Reply

14 DCt Order

We posted the complaint here.

Federal Court Rejects Defenses of Tunica-Biloxi’s Sovereign Lending Company

Here are the materials in Dunn v. Global Trust Management (M.D. Fla.):

1 Complaint

13 Defendant Motions to Compel & for Judgment on Pleadings

18 Response

23 Reply

37 DCt Order

And here are the materials in McIntosh v. Global Trust Management (M.D. Fla.):

1 Complaint

24 Defendant Motion to Compel & for Judgment on Pleadings

31 Response

34 Reply

46 DCT Order

US Amicus Brief in FMC Corp. v. Shoshone-Bannock Tribes

Here:

US Invitation Brief

Cert stage materials here.

Cal. Law Review Online Roundtable: Responding to “Politics, Indian Law, and the Constitution”

The article is here.

SWITCA Reporter Available Online

The Southwest Intertribal Court of Appeals (SWITCA) celebrates its 30th Anniversary by announcing that the SWITCA Reporter is available online!

Arizona Tribes’ Amicus Brief in Arizona COA Tribal Taxation Case

Here is the brief in South Point Energy Center v. Arizona Department of Revenue (Ariz. Ct. App.):

Tribal Amicus Brief

Related case here.

Federal Claims Court Holds Osage Headright Owners’ Trust Claims Foreclosed by Osage Trust Settlement

Here are the materials in Fletcher v. United States (Fed. Cl.):

7 US Motion to Dismiss

10 Response

10-5 Jim Gray Declaration

10-7 Wilson Pipestem Declaration

15 US Motion to Strike

16 Reply in Support of 7

17 Response to 15

18 Reply in Support of 15

22 DCT Order

We posted the complaint here.