UC Davis Tribal Justice Symposium: Protecting Families Through Tribal Courts

The Tribal Justice Project Presents: Tribal Justice Symposium: Protecting Families Through Tribal Courts!

Tribal court judges, court personnel, practitioners, community members, and students are invited to attend this FREE event. Space is limited, please RSVP today!

Date: March 13, 2020

Location: UC Davis School of Law – Davis, CA

Fee: No Registration Fee

Click here to register.

For questions, please contact tjp@law.ucdavis.edu.

Flyer (PDF):

Tribal Justice Symposium Flyer and Agenda_Page_1Tribal Justice Symposium Flyer and Agenda_Page_2

Francis McGovern Walks On

Here.

Francis was the special master during the negotiations that led to the 1985 consent decree in the United States v. Michigan treaty fishing case. We brought Francis out to MSU a few years back to talk about the treaty fishing days — and he served up some of the funniest and most disturbing stories I’ve ever heard about those days. Francis also served as an adviser to the Restatement of the Law of American Indians. I spent some time with Francis on a long drive from the Dallas airport to Durant, Oklahoma when he invited me to do an Indian Law 101 in relation to the Choctaw and Chickasaw water rights negotiations a few years back. The man was an original, charming, and knew how to work a room. I’ll miss him.

Oklahoma Bar Journal Article on the Constitutionality of ICWA

By Austin Vance, starting on page 12, here.

2020 TICA Conference CFP due March 1

The 17th Annual Indigenous Law Conference proposal submission form and other conference details can be found at https://turtletalk.blog/2020ilpctica/

Proposals due March 1, 2020

Join us November 5-6, 2020

CFP TICA 2020 web banner_02

 

Additionally, please share the call for art:

CFP TICA 2020 web banner_03

Red Cliff Ojibwe Appellate Court Rejects Nonmember Challenge to Tribal Jurisdiction

Here are the materials in Red Cliff Band of Lake Superior Chippewa Indians v. CenturyTel of the Midwest – Kendall, LLC:

PLD 2020-02-04 Final Decision

Briefs here.

Eighth Circuit Briefs in City of Council Bluffs v. Dept. of Interior

Here:

Appellants Brief

Addendum

Federal Appellee Brief

Ponca Tribe Amicus Brief

Reply

Lower court materials here.

Seattle Times: “Amid a crime wave on Yakama Reservation, confusion over a checkerboard of jurisdictions “

Here.

HCN: “Indigenous women face extra barriers when it comes to reproductive rights”

Here.

Tenth Circuit Declines to Award Attorney Fees to Prevailing Osage Trust Claimants

Here is the opinion in Fletcher v. United States (PDF):

Briefs:

Appellant Brief

Appellee Brief

Reply

Seeking Tribal Government Comments on Proposed NEPA Rules

Recently, the White House Council on Environmental Quality released new proposed rules for the National Environmental Policy Act. The proposed rules would significantly change the environmental permitting process and gut the review process, impacting tribal interests throughout Indian Country.

Comments are now open. Anyone, individuals or tribal governments, may submit comments on these rules. Importantly, comments and collecting evidence of negative impacts are very important at this stage in the process to preserve future legal claims. Tribal governments are strongly encouraged to submit comments. Comments are open until March 10, 2020.

Currently, the MSU Indian Law Clinic is collaborating with Earthjustice to create a general comment letter to submit regarding how the proposed rules impact tribal interests. Additionally, Earthjustice is seeking to support and assist tribes who would like to submit a comment letter. Please contact Stefanie Tsosie (Senior Associate Attorney at Earthjustice) here if you have questions or would like further assistance drafting a comment letter.

For more information on the proposed NEPA rules, please see this NEPA Factsheet and this article in NPR about the impacts of these rules.