Stat: “‘They’ve been following the science’: How the Covid-19 pandemic has been curtailed in Cherokee Nation”

Here.

Update in Jensen v. EXC, Inc. [bus accident on Navajo lands]

Here are the materials in Jensen v. EXC Inc. (D. Ariz.):

71 Amended Complaint

116 Jensen MSJ

119 Response

121 Reply

126 DCT Order Denying MSJ

181 EXC Pre-Trial Brief

200 Verdict

220 Jensen Motion for Judgment as a Matter of Law

221 Response

222 Reply

223 DCT Order Denying 220

And here are the Ninth Circuit briefs (so far):

Opening Brief

Answer Brief

reply-1-1.pdf

Prior posts on this case are here.

Tenth Circuit Confirms Sentence on Cherokee Nation Citizen’s Conviction for Child Neglect

Here is the opinion in United States v. Clark.

Texas Observer: “Bringing the Dead Home”

“Thirty years after Congress passed the Native American Graves Protection and Repatriation Act, only a fraction of human remains held by Texas’ museums and universities have been returned.”

Here.

Harvard Law Review Case Comment on McGirt v. Oklahoma

Here.

Michael Doran on the Equal Protection Challenge to Indian Law

Michael Doran has posted “The Equal-Protection Challenge to Federal Indian Law,” forthcoming in the University of Pennsylvania Journal of Law & Public Affairs, on SSRN.

Here is the abstract:

This article addresses a significant challenge to federal Indian law currently emerging in the federal courts. In 2013, the Supreme Court suggested that the Indian Child Welfare Act may be unconstitutional, and litigation on that question is now pending in the Fifth Circuit. The theory underlying the attack is that the statute distinguishes between Indians and non-Indians and thus uses the suspect classification of race, triggering strict scrutiny under the equal-protection component of the Due Process Clause. If the challenge to the Indian Child Welfare Act succeeds, the entirety of federal Indian law, which makes hundreds or even thousands of distinctions based on Indian descent, may be unconstitutional. This article defends the constitutionality of federal Indian law with a novel argument grounded in existing Supreme Court case law. Specifically, this article shows that the congressional plenary power over Indians and Indian tribes, which the Supreme Court has recognized for nearly a century and a half and which inevitably requires Congress to make classifications involving Indians and Indian tribes, compels the application of a rational-basis standard of review to federal Indian law.

Federal Court Holds Buena Vista Rancheria is Beneficiary of Mandatory Trust Acquisition Provision of Hardwick Settlement

Here are the materials in Hardwick v. United States (N.D. Cal.):

364 Motion to Enforce Judgment

381 US Opposition

385 Reply

391 DCT Order

Update (1/27/21):

392 DCT Order Denying Sanctions

News Profile of Private Contractor’s Actions in Infiltrating Standing Rock/NoDAPL Protests

From the Intercept, here.

State of Michigan v. Enbridge Energy Complaint

Here:

Complaint

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

Patterson Earnhart Real Bird & Wilson LLP

Summer Law Clerk 2021, Louisville, Colorado and Washington, D.C., please specify your preferred location in your cover letter. Paid Law Clerk position for a candidate who has completed 2L year by Summer 2021.  Candidate will perform research, writing and other duties. Closing date is December 4, 2020. Please see the attached job description with details on how to apply.

UCLA Law’s Williams Institute and Critical Race Studies Program

Richard Taylor Law Teaching Fellowship. The deadline for the Richard Taylor Law Teaching Fellowship for 2021-2023 has been extended to November 20th, 2020. 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. We invite applications from those working in law, policy, and other disciplinary traditions such as the various social sciences, ethnic studies, history, etc. For more information and to apply, please see the description. 

Federal Reserve Bank of Minneapolis

Policy Fellow, Minneapolis, MN. Seeking a temporary Project Manager/Director that would serve in a two-year term fellowship to support the Community Development and Center for Indian Country Development (CICD) divisions, respectively. The Project Manager/Director will contribute to Community Development and the CICD’s goals by coordinating and performing a range of administrative, project management, and communication tasks related to community affairs in Indian Country nationally and economic development in the Ninth Federal Reserve District. The Project Manager/Director must possess a strong commitment to public service and the values of the Federal Reserve System.

JOB OPPORTUNITIES

Capitol Hill Policy Group

Director of Indigenous Advocacy, Washington, D.C. The Director of Indigenous Advocacy will have experience working on Capitol Hill and will interact primarily with the firm’s Managing Principals led by Robert Odawi Porter, Esq., a former President of the Seneca Nation of Indians. Serve a lead role in advocating for American Indian and Alaska Natives on Federal government relations issues before the Congress, the White House, and Executive branch agencies. Advocate, communicate, and interface with Federal government elected officials, appointees, and staff. Coordinate the monitoring and reporting of legislative, regulatory, industry, and client-based areas of interest. Conduct legislative and/or fact research and compile memoranda and summaries of information for internal and/or client consumption. Interested applicants should send by email a cover letter explaining your interest in the position and a resume to kisha@capitolhillpolicygroup.com. The application period is open through November 15, 2020.

Choctaw Nation of Oklahoma

Public Defender Director, Durant, OK. Job Purpose or Objective(s): To lead the Office of the Choctaw Nation of Oklahoma Public Defender.  The Office of Public Defender is responsible for defending all indigent clients in felony, misdemeanor, and traffic cases that are punishable by incarceration in the Choctaw Nation of Oklahoma District Court. Closing Date: 11/23/2020.

Ho-Chunk Nation

Tribal Prosecutor, Black River Falls, WI. The Tribal Prosecutor shall represent the Ho-Chunk Nation in the prosecution of criminal code and civil offenses committed within the jurisdiction of the Ho-Chunk Nation. Coordinate with Ho-Chunk Nation law enforcement for investigations, evaluating evidence, and case preparation. Facilitate all inter-governmental agreements necessary for the execution and implementation of the criminal code. Establish all aspects of a prosecution office, including development of case management/protocols, and process for outside case referrals. Open until filled. Apply here.

The ACLU of Montana

Legislative Program Manager. This is a temporary position. ACLT-MT seeks a passionate, energetic, and committed individual to manage the legislative program before and during the 2021 Montana Legislative Session. The Legislative Program Manager job description can be found online here. We will begin reviewing applications next week. Applications after that date are encouraged and will be accepted on a rolling basis until the positions are filled.

Contract Lobbyist. ACLU-MT is soliciting short proposals to provide lobbying services before and during the 2021 Montana Legislative Session. The Contract Lobbyist RFP can be found online here. We will begin reviewing applications next week. Applications after that date are encouraged and will be accepted on a rolling basis until the positions are filled.

National Indian Child Welfare Association

Director of Child Welfare, Portland, OR. The director of child welfare of NICWA is responsible for empowering and supporting Native communities to improve the lives of their children and families. This challenging and rewarding position has overall responsibility for the management and delivery of all aspects of this program including technical assistance, training activities, respond to requests for information regarding the navigation of ICWA and the child welfare system, project management, and supervision of future programmatic staff. This position closes end of day December 4, 2020. Complete application materials here. Please submit completed application materials to nstewart@nicwa.org.   

University of Colorado Boulder

Dean of the Law School. The Dean is the Law School’s chief academic and administrative officer, providing thoughtful and equitable leadership, strategic planning, and management of a nationally renowned academic program. The position will remain open until filled. Review of applications will begin on December 1, 2020, but applications will continue to be accepted after that date. To apply, please submit your application through CU Boulder Jobs.

Confederated Tribes of the Umatilla Indian Reservation

RFP. The CTUIR seeks proposals for an attorney to appear virtually for a series of approximately 5-8 sexual harassment/discrimination prevention trainings sessions geared to supervisors and directors. These must be completed before December 30, 2020. The successful bidder would enter into a contract agreement administered by the CTUIR Office of Legal Counsel (OLC). Please see the link to apply.

RFP. The CTUIR 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 and see the description for more information.

Environmental Law Institute

Senior Manager of Educational Programs, Washington, DC. ELI is seeking a Senior Manager of Educational Programs who will help in delivering high quality educational programming. The successful candidate for this role will work in coordination with the Director of Associates, Education and Corporate Partnerships, along with the Vice President of Development and Membership, to help with recruiting new members of ELI’s various membership programs, maintaining relationships with members, developing and delivering programming for members, and working with ELI staff to strengthen the membership program.  To apply, please visit https://www.eli.org/employment.  Applications will be accepted until November 27, 2020.

Oglala Sioux Tribe

RFP. Notice is hereby given that the Oglala Sioux Tribe will accept Proposals for Special Counsel for various legal services for the Oglala Sioux Tribe until November 20, 2020 at 4:00 p.m. MST. Late proposals will not be accepted. The Tribal Council seeks individuals or law firms to provide legal counsel services to the Oglala Sioux Tribe for the following areas: Advise and consult on federal budgets and legislation; Draft memoranda on proposed legislation, comment letters, and prepare testimony for congressional hearings; and more.

Oglala Sioux Tribe Legal Department

  1. Lead
  2. Senior Associate
  3. Jr. Associate

Announcement here. The In-House Counsel(s) will work for the OST Council, the Executive Committee, and with two (2) Tribal Council Standing Committees.  Land Committee, Health and Human Services Committee, Education Committee, Economic and Business Development Committee, Law and Order Committee and Finance Committee. Please see the announcement and the qualifications for more information.

Sonosky, Chambers, Sachse, Endreson & Perry, LLP

Transactional Matters Associate, San Diego, CA. Duties as assigned. Seeking an transactional matters associate attorney with 1-3 years of experience in federal, state or tribal courts. Application is open until filled. Please see the position description for more information.

Sonosky, Chambers, Sachse, Miller & Monkman, LLP

Associate Attorney, Juneau or Anchorage, AK. Additional information about our firm is available at www.sonosky.com.  Interested applicants should have strong credentials and a commitment to representing Native American interests, a clerkship is also highly preferred.  We are ideally looking for an entry-level candidate with up to 3 years of post-law school experience, but all qualified applicants will be considered.  If you have any questions or would like to submit application materials, please send them to Sarah Buzard at sarah@sonosky.net.  Serious applicants should apply by January 15, 2021.

Earthjustice

Staff Attorney, International Program, San Francisco, CA. Accepting applications for a Staff Attorney position to join our growing team of lawyers who work to speed the transition from dirty fossil fuels to clean energy solutions in key countries around the world. The attorney will collaborate with our foreign partners to develop and implement legal strategies to stop the extraction, export, and consumption of coal and natural gas, and to ensure regulatory frameworks to accelerate the deployment of clean energy, in key countries and regions around the world. Please see the position description for more information.

See last week’s post.