News Coverage of $10B Indian Country Stimulus

Here, from Underscore.

News Coverage of the Disestablishment of the Mashpee Wampanoag Reservation

HuffPo. [with link to Trump’s bigoted testimony against the tribe in 1993]

Mashpee Enterprise.

Boston Globe.

MassLive.

Friday Job Announcements

Any posts for an open Indian law or leadership job received prior to 12pm EST on Friday will appear in that week’s announcement, when the following information is sent to indigenous@law.msu.edu:

  1. 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;
  2. An attached PDF job announcement.

Please send all job announcements in this requested format. For examples, see the job announcements below.

Mashantucket Pequot Tribal Nation 

RFP. Contract for legal services to be provided to the Mashantucket Pequot Tribal Nation’s Business Development Company LLC d/b/a Command Holdings (“Command Holdings”) and related entities. Closing submission date April 17th, 2020. Please see the proposal for more information.

Judicial Branch of the Navajo Nation

Staff Attorney, Chinle Judicial District, Chinle AZThis 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.navajocourts.org/vacancies. This position is open until filled.

Staff Attorney, Aneth Judicial District, Aneth, UTThis 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.navajocourts.org/vacancies. This position is open until filled.

Staff Attorney, Kayenta Judicial District, Kayenta, AZThis 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.navajocourts.org/vacancies. 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.navajocourts.org. This position is open until filled.  ​

Michigan State University College of Law

Field Services Career Coordinator, East Lansing, MI.  The Career Services Office is accepting applications, due by Tuesday, April 21, 2020.  More information can be found in the attached description and on MSU’s Career website.

See posts from March 21, 2020.

 

NYTs Coverage of Standing Rock Decision

Here is “Standing Rock Sioux Tribe Wins a Victory in Dakota Access Pipeline Case.

The opinion is here.

Bureau of Indian Education Agency Plan Consultation, Comments Due May 8

Here.

Kirsten Carlson on Rethinking Legislative Advocacy

Kirsten Matoy Carlson has posted “Rethinking Legislative Advocacy” on SSRN. Here is the abstract:

In an age of statutes, legislative advocates influence the substantive content of almost every law. Yet scholars know very little about the role that advocates play in shaping statutory law because the study of legislative advocacy has been left to political scientists, who focus on the political rather than the legal aspects of legislative lawmaking. This Article responds to this gap in the literature by presenting an innovative, mixed methods approach to studying legislative advocacy that brings law back into the study of legislative advocacy and provides more accurate descriptions of how legislative advocates behave. This legal approach to legislative advocacy improves on the existing political science literature by emphasizing the legislative process as a lawmaking enterprise and highlighting the importance of the substantive content of statutory laws to legislative advocates and their behavior. The Article demonstrates the utility of this approach by presenting new empirical data on American Indian advocacy. My analysis produces two important insights about legislative advocates’ behavior overlooked in previous studies. First, it reveals that advocates perceive legislative advocacy to be about modifying the substantive content of a proposed law. Legislative advocates take the law seriously as they engage in nuanced and sophisticated strategies to interact with legislators and other political actors to craft statutory laws. They advocate on a wide range of proposed laws, shift their positions strategically throughout the legislative process, and frequently seek to modify proposed laws. Second, my account of Indian advocacy emphasizes that legislative advocacy involves legal as well as political work. Indian advocates regularly used legal frames and arguments to educate and persuade legislators to shape the law in ways that better responded to their needs.

Kevin S. Settlement Agreement Involving New Mexico Child Welfare and Includes ICWA

Here

Indian Child Welfare Act
  • A State ICWA law that mirrors and expands upon the federal version and that will be drafted with the Administrative Office of the Courts and with New Mexico Tribes and Pueblos
  • Processes and procedures to promote traditional interventions as first-line interventions and services, developed with the input of New Mexico’s Tribes and Pueblos
  • Federal funding for traditional and culturally responsive treatments, interventions, and supports, including non-medicalized interventions
  • A plan to increase recruitment and retention of Native resource families
  • A policy to provide or ensure provision of direct assistance for traditional ceremonies, including arranging for all preparation and providing payment if needed, if Native Children want to participate

NCJFCJ Resources for Courts and Practitioners-COVID19

Here.

I think the most useful document on this page is the second one that identifies and updates current state practices. You can download it as a PDF, but they are updating it regularly enough that it is probably worth going to the website each time.

I’ve added it to the TT COVID Child Welfare page

Federal Court Allows RICO Action against Crow Health Care Center to Proceed (for now)

Here are the materials in Wilhite v. Littlelight (D. Mont.):

Post in related case here.