Here is the order in Sipp v. Buffalo Thunder Inc.:
36924 and 38636 Certification Order (FINAL)
The question certified:
[W]hether the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. §§ 2701-2721 (2018), permits tribes and states to contract in Tribal-State Class III Gaming Compacts to shift jurisdiction over certain matters to state courts.
The Stanford Law Review Online is excited to announce our student essay competition!
Two winners will each receive a $500 prize and publication of their up to 5,000 word essay. We encourage submissions from all current students (including LLMs) and recent graduates of any ABA-accredited American law school. We especially encourage submissions from those who have not yet published academic works.
Prompt:
Our theme this year is the ulterior or unintended effects of legal decisions. The law and those who practice it wield considerable power over the lives of the average person. It would be comforting to believe that those who make and interpret laws act with deliberate and benevolent purpose. But that is not always the case. Occasionally, perhaps even often, legal decisions have unintended or ulterior consequences. Sometimes those consequences can be humorous, such as a resident flaunting a Homeowner’s Association rule about paint color by plastering gaudy wallpaper on the outside of her home. Other times, those consequences can be much more tragic, as with exclusionary zoning laws that ensure an absence of affordable housing in affluent areas, exacerbating existing inequities and contributing to evictions and homelessness.
The Stanford Law Review invites current law students and recent alumni of any law school to discuss a legal instrument–including a contract clause, a court judgment, or a federal regulation–that had an unexpected or ulterior effect. We welcome submissions that apply this prompt to policing, the topic of SLR’s forthcoming symposium in coordination with Stanford BLSA.
Rules:
Our competition is open to current law students, LLMs, and graduates of the classes of 2020, 2019, and 2018 from ABA-accredited American law schools. Submissions are limited to one essay of up to 5,000 words (inclusive of footnotes) per person.
Submissions must be unpublished and exclusively submitted to this competition during the competition window, lasting from date of submission to date of final publication decision.
We will begin accepting pieces immediately and will close the submission window on January 4, 2021 at 11:59 PM. We aim to notify all applicants of publication decisions by January 18, 2021.
Please submit your essay as a Word document attachment in an email to Carly Grimes at cgrimes1@stanford.edu. This word document must be blinded. Your name must not appear in the document and you must follow instructions for removing identifying metadata available here: https://tinyurl.com/blindingessay
Direct any questions about the competition to Carly Grimes, cgrimes1@stanford.edu
Justice Ruth Bader Ginsburg’s passing offers an opportunity for reflection on her Indian law legacy. As many of you know, we keep a list of modern era Supreme Court cases here. RBG was on the court nearly 30 years, and her record is extensive. It is also, from the point of view of tribal interests, checkered. But if her replacement had a similar record, it wouldn’t be a disaster for Indian country.
Overall, RBG voted in 51 cases in which the Court issued an opinion. She voted with tribal interests 23 1/2 times, against tribal interests 26 1/2 times, and 1 time voted with individual Indians against federal and tribal interests. She wrote 10 majority opinions (nearly 20 percent of those cases!), 3 1/2 favoring tribes (and 1 favoring individual Indians), and 6 1/2 against. Out of these 51 cases, tribes won 19 1/2 cases and lost 32 1/2 (33 1/2, if you count the 1 case involving individual Indians). She voted with tribal interests more often than the Court, but not by much. There are also two cases that were 4-4 ties (tribes won both), but we don’t know where she voted. [there are going to be errors in this post, I did it quickly, so chillax]
Incidentally, tribes have prevailed in 11 out of 13 cases since 2014 (!!!!).
Here are her majority opinions in reverse chronological order:
U.S. v. Bryant (2016)
Decision favoring federal court enhanced sentence under 18 U.S.C. § 117 of habitual D.V. offender with several (dozens?) of uncounseled tribal court convictions.
Sherrill v. Oneida Indian Nation (2005)
Terrible. Some say RBG regretted this decision. Led to the summary evisceration of the New York Haudenosaunee land claims.
Inyo County v. Bishop Paiute (2003)
Held tribes are not “persons” under 42 U.S.C. § 1983, and cannot sue states for violations of federal laws.
United States v. Navajo Nation (2003)
Struck a $600 million judgment favoring the Navajo Nation despite apparent corruption in the Interior Department.
C&L Enters v. Citizen Potawatomi (2001)
Found an implied waiver of tribal immunity in a boilerplate construction contract. RBG routinely voted against assertions of tribal, state, and federal immunuiy.
Arizona v. California (2000)
Allowed Quechan Tribes water rights claims to proceed.
Montana v. Crow Tribe (1998)
Excused state from having to repay taxes illegally collected from tribe.
Strate v. A-1 (1997)
Held against tribal jurisdiction over a car wreck on a state highway running on trust lands within a reservation.
Babbitt v. Youpee (1997)
Struck down the Indian Land Consolidation Act’s escheatment provision in favor of individual Indian interests.
Oklahoma Tax Commission v. Chickasaw Nation (1995)
Adopted incidence of tax analysis to strike state tax of motor fuels but to allow collection of state income tax of off-reservation income of tribal members.
RBG also wrote important concurrences and dissents. Here is a sampling:
Patchak v. Zinke (2018)
Wrote concurrence affirming constitutionality of Gun Lake Trust Lands Act in 5-4 case.
Lewis v. Clarke (2017)
Wrote concurrence against tribal interests in tribal employee immunity case.
Nevada v. Hicks (2001)
Wrote concurrence, apparently trying to stop the extension of her opinion in Strate.
Here is where I called Donald Trump an asshole for predicting RBG’s death. He remains an asshole.
There is a lot more to say, but this is it for now.
Monday, October 12 | 4 PM | ZOOM
McGirt V. Oklahoma: Understanding the Implications of the Recent Supreme Court Decision Across Native America
In celebration of Indigenous Peoples’ Day, Emory University Professor of English Craig Womack (Creek) chairs a panel discussion titled McGirt V. Oklahoma: Understanding the Implications of the Recent Supreme Court Decision Across Native America.
Sarah Deer (Creek), University of Kansas Department of Women’s, Gender, and Sexuality Studies; Barbara Creel (Jemez Pueblo), University of New Mexico School of Law; and Andrew Adams III (Creek), Muscogee Creek Nation Supreme Court; and Professor Womack will explore the implications of the decision regarding the Creek Nation for Oklahoma tribal nations and other parts of Indian Country.
ZOOM registration link for this webinar: https://emory.zoom.us/webinar/register/WN_fY3DxgwFTw-SDJDB_owEbA
This lecture is made possible through the generous financial support of the Hightower Lecture Fund and is co-sponsored by the Native American and Indigenous Students Initiative, the Michael C. Carlos Museum, and the School of Law Health Law, Policy & Ethics Project.
Katherine Florey has posted “Toward Tribal Regulatory Sovereignty in the Wake of the COVID-19 Pandemic,” forthcoming in the Arizona Law Review. Here is the abstract:
The media has often highlighted the devastating toll COVID-19 has taken in many parts of Indian country – and that, to be sure, is part of the story. But there are other aspects of the picture as well. On the one hand, tribes have taken resourceful and creative measures to combat COVID-19. On the other, a troublesome doctrinal landscape has complicated their efforts to do so. The judicially crafted Montana framework severely restricts tribal civil regulatory power over nonmembers – a particular problem during the COVID-19 pandemic, when nonmembers have defied tribal curfews, camped in prohibited areas, and opened businesses on reservations despite closure orders. While Montana nominally contains a “health and welfare” exception allowing tribes to exercise power over nonmembers in emergencies, its contours are too ambiguous and fact-specific to allow tribes to act with the certainty and speed they require. The pandemic thus provides a vivid illustration of the way in which Montana hinders effective tribal governance. Further, the pandemic has occurred at a moment when the Court may be more receptive than it has been in the past to arguments favoring tribal sovereignty – and at a time when many of the concerns about tribal regulation that motivated the Court four decades ago in Montana seem increasingly distant both from current doctrine and contemporary tribal realities. As a result, it is time, at a minimum, for the Court to expand Montana’s “health and welfare” exception to resemble something closer to the powers states possess to safeguard public health.
“The Obstacles of Being a Native Law Student: How Attorneys Can Help Overcome These Obstacles” by Julia A. Giffin. Article here.
“While a board member of National NALSA during the 2018–2019 and 2019–2020 terms, I received input from Native students across the country about the many obstacles impeding their paths while at law school. The more I spoke with Native classmates, friends, and fellow National NALSA members, the more it became clear that these obstacles were not unique to one or two institutions… There are several ways that current attorneys can aid law students in overcoming the obstacles faced by Native law students. One quick and nearly effortless way is to sign the (National NALSA) petition and pass it on to others in your network and your alma mater to raise awareness.”
“The Obstacles of Being a Native Law Student: How Attorneys Can Help Overcome These Obstacles” by Julia A. Giffin
Julia presented on this topic during the CLE “Being a Native Lawyer”, which is now available on-demand through the ABA here.
To post an open Indian law or leadership job to Turtle Talk, send the following information to indigenous@law.msu.edu:
The Pascua Yaqui Office of Attorney General
Assistant Attorney General, adjacent to Tucson, AZ. The Assistant Attorney General represents the Pascua Yaqui Tribe by providing nonpartisan legal advice and representation to officials, agencies, departments, divisions, enterprises and other entities of the Tribe’s government. Interested candidates should have at least 4 years of experience as a practicing attorney, with a background in Indian Law strongly preferred. The job posting can be found here or see the job description for more information.
Prairie Island Indian Community
RFP. Welch, MN. After a hard-fought victory at the Minnesota Legislature in securing the Legislation, PIIC is excited to embark on the Net Zero Project. PIIC requests proposals from qualified firms, partnerships, corporations, associations, or professional organizations (“Vendor(s)” or “Respondent(s)”) to become its primary partner for the Project. The selected Vendor will help PIIC develop a project plan, including elements such as governance, community engagement, feasibility, technical analysis, possible creation of a tribal utility, etc. The selected Vendor will oversee the execution of a developed project plan and the procurement/construction required to meet the objectives identified for the Project. Additionally, PIIC seeks a qualified Vendor that both understands the public-facing aspect of the Project and can work with the existing team on communication strategies to foster stakeholder and public confidence. Submissions due September 28, 2020. Please see the RFP 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 October 1, 2020. Application here.
Mille Lacs Band of Ojibwe Band Assembly
Legislative Staff Attorney II, Onamia, MN. Assists in representing the Mille Lacs Band of Ojibwe Band Assembly in the lawful exercise of its constitutional and statutory duties and obligations. The Legislative Staff Attorney also conducts legal research, drafts bills and legal opinions, reviews contracts, and performs other duties as assigned by the Secretary-Treasurer and Band Assembly with notification given to the Legislative Counsel. The Legislative Staff Attorney will regularly collaborate and work with the Legislative Counsel on legal issues. Application closes 9/28/2020. Please see the job description or link for more information.
Native American Rights Fund
Executive/Legal Assistant/Paralegal, Boulder, CO. This position will provide administrative and legal support for a busy law office. Due to COVID-19, this position will be temporarily remote. No closing date, it will remain open until filled. American Indians, Alaska Natives, and Native Hawaiians are encouraged to apply.
Environmental Protection Agency
Attorney-Advisor, Denver, CO, telework eligible. Provide legal advice, perform legal research, prepare legal documentation and provides policy recommendations; Perform litigation activities; Draft Agency determinations proposed regulations and federal register notices; and more. For more information and to apply please see the job description. Application closes September 23, 2020.
Hobbs, Straus, Dean & Walker, LLP
2021 Summer Law Clerk, Washington, DC.Hobbs, Straus, Dean & Walker, LLP, a national law firm dedicated to promoting and defending the interests of Indian tribal governments and organizations, is currently seeking applications for its 2021 Summer Law Clerk Program in its Washington, DC office. Please see the Job Announcement for more information and how to apply. This position is open until filled.
American Bar Association
Senior Associate Executive Director and General Counsel. Reporting directly to the Executive Director, will provide leadership in two distinct areas: – As General Counsel of the organization of America’s lawyers, responsibility for legal guidance and counsel in the ABA’s Office of the General Counsel – As Senior Associate Executive Director, responsibility for oversight of the office that manages the ABA’s law school accreditation process. For more information please see the position description.
ACLU of New Hampshire
Director of Community Engagement, Concord, NH. Manage ACLU-NH organizing campaigns, build volunteer capacity across the state, and engage with community partners to advance civil rights. Manage a team of two full-time staff organizers. This is an exciting opportunity to provide vision, leadership, and support to an organizing program that focuses on the most important civil rights issues of our time, including racial justice, voting rights, and LGBTQ rights. Due to COVID-19, relocation to New Hampshire will not be immediately required. Requesting job applications by October 5, 2020. To apply send cover letter and resume to Jobs@aclu-nh.org.
See posts from September 11, 2020.
Here:
WJLGS_Call_for_Papers_2021_FINAL
Proposals should be submitted to Lorenzo Gudino at gudino@wisc.edu and Jennifer Acevedo at acevedo3@wisc.edu no later than October 23, 2020. Submissions may be published and unpublished works. The Wisconsin Journal of Law, Gender & Society will likely publish accepted unpublished submissions. Authors of accepted submissions must virtually attend and present their work at the symposium on February 6, 2021. The organizers will communicate their decisions no later than November 15, 2020.
Here are the materials in Yazzie v. Hobbs (D. Ariz.):
6th Annual Repatriation Conference
Growing Community & Moving Forward after 30 Years of NAGPRA
An ALL VIRTUAL Community Conference
October 26 – 28, 2020
| The Association on American Indian Affairs and the University of Denver Museum of Anthropology is partnering for the 6th Annual Repatriation Conference. Because of the coronavirus pandemic, the Conference will be completely virtual and formatted for active participation and networking among participants from Indian Country, institutions, federal agencies, international institutions, attorneys, academics and others interested in repatriation and Indigenous human rights work. |
Turtle Talk 
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