Turtle Talk

American Indian tribes that enter the cannabis industry confront a multi-sovereign tax system that lacks certainty and horizontal equity. The complex interaction of state legalization and taxation of cannabis, federal tax law, the status of tribes as both governments and business enterprises, and the legal and tax landscape in Indian country can give tribes tax advantages and disadvantages compared to off-reservation cannabis dispensaries. This article analyzes these tax issues, examines them in the context of prior challenges posed by Indian gaming, and suggests reforms that address the tax inequities that can result from cannabis sales on Indian reservations.

Update in Scotts Valley Band of Pomo Indians v. Dept. of the Interior

December 7, 2020Matthew L.M. Fletcher

Here are updated materials in Scotts Valley Band of Pomo Indians v. Dept. of the Interior (D.D.C.):

34 DCt Order on Supplementing Admin Record

37 Yocha Dehe Wintun Nation Motion for Reconsideration

38 Opposition

39 Reply

40 DCT Order Denying Yocha Dehe Wintun Nation Motion

Prior post here.

UNLV Webinar on the Origins of IGRA

December 6, 2020Matthew L.M. Fletcher

IGRA Webinar Flyer – Boyd

BIA Job Post: Northwest Region Program Manager

December 5, 2020ilpc

https://www.usajobs.gov/GetJob/ViewDetails/585654800

Closing date is 12/14

Friday Job Announcements

December 4, 2020Monica Williamson

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

Sonosky, Chambers, Sachse, Endreson, & Perry LLP

Transactional Associate Attorney, San Diego, CA. Interested applicants should have strong credentials and a commitment to representing Native American interests, and a clerkship is also highly preferred. More detail about the firm is available at www.sonosky.com. To apply, candidates should send an application that includes a cover letter, resume, law school transcript, and a writing sample to Colin Hampson at champson@sonoskysd.com. Or visit our website at http://www.sonosky.com/careers.html to apply. This position is open until filled, but applicants should apply by January 15, 2020. Applicants must be licensed to practice law in California, or willing to become licensed.

The Keweenaw Bay Indian Community

Assistant Tribal Prosecutor, Baraga, MI. This position is located at the Keweenaw Bay Tribal Center, and is an in-house position. Assist the Tribal Attorney and perform general in-house duties for the Tribal Council as directed. Legal and/or Consulting firms need not apply. For more information, please visit the website or contact personnel@kbic-nsn.gov. Application process is open until filled.

Assistant Tribal Attorney, Baraga, MI. This position is located at the Keweenaw Bay Tribal Center, and is an in-house position. Assist the Tribal Attorney and perform general in-house duties for the Tribal Council as directed. Legal and/or Consulting firms need not apply. For more information, please visit the website or contact personnel@kbic-nsn.gov. Application process is open until filled.

The Yurok Tribe

Law Clerk, spring, summer, and fall of 2021. Office of the Tribal Attorney. Past legal clerks have worked on a wide variety of projects including ordinance drafting, litigation support, legal research, and appeared on behalf of the Tribe in Yurok Tribal Court. This could be a virtual position. We are receiving applications on a rolling basis, but would appreciate having all applications by December 4, 2020. For more information and to apply, contact Alexandra N. Mojado at amojado@yuroktribe.nsn.us.

Big Fire Law & Policy Group LLP

Litigation Attorney, Omaha, Nebraska. Seeking candidates with 0-3 years of litigation experience to have the opportunity to work on cases in a variety of areas including constitutional law, environmental law, real estate, employment, tax issues, corporate/business matters, and complex federal, state and tribal court litigation at both trial and appellate levels. Please send resume and cover letter including salary expectations to careers@bigfirelaw.com. Open until filled. See the job description for more information.

National American Indian Court Judges Association

RFP, Tribal Law Consultant, Boulder, Colorado. In order to increase and improve access to legal assistance in Indian Country, NAICJA is developing the Holistic Defense Pilot Project in conjunction with Tribal Civil and Criminal Legal Assistance (TCCLA) grantees, past grantees, and tribes. NAICJA is seeking an experienced attorney to assist in the implementation of the Pilot Project. Closing Date: December 18, 2020. For more information see the description.

Program Evaluator, NAICJA’s training and technical assistance program is the National Tribal Justice Resource Center (NTJRC), located in Boulder, Colorado. In order to increase and improve access to legal assistance in Indian Country, NAICJA is developing the Holistic Defense Pilot Project in conjunction with Tribal Civil and Criminal Legal Assistance (TCCLA) grantees, past grantees, and tribes. NAICJA is seeking an experienced evaluator to assist in the implementation of the Pilot Project. Closing Date: December 18, 2020. For more information please see the description.

Lummi Tribal Court

Deputy Tribal Prosecutor II, Bellingham, WA. Works as the attorney within the Office of the
Reservation Attorney (ORA) as the domestic violence (DV) prosecutor. The primary responsibility will be to prosecute DV cases and coordinate the planning and implementation of the Violence Against Women Act (VAWA) jurisdiction in Lummi Tribal Court. Application is open until filled. To obtain a Lummi Indian Business Council (LIBC) application go to: https://www.lummi-nsn.gov/Website.php?PageID=381 or request by e-mail libchr@lummi-nsn.gov.

See prior posts.