In today’s The Atlantic, Professors Leah Litman and Matthew Fletcher discuss the continued Brackeen v. Bernhardt ICWA litigation in the 5th Circuit and how it’s an ongoing attack on tribal sovereignty. Read it here.
Gregory Ablavsky on the Presentment Clause and Tomorrow’s Argument in Brackeen
Here is “Brackeen, the Indian Child Welfare Act, and the Presentment Clause: A Very Pink Herring” on SLS blogs.
An excerpt:
If the Presentment Clause bars Congress from honoring the divergent policy judgments of other sovereigns, then federalism is in trouble. After all, as the briefs stress and the Supreme Court has explicitly endorsed, Congress has expressly adopted state law as federal law in the Assimilative Crimes Act and the Federal Tort Claims Act. It has expressly authorized states to create wage and hour standards higher than the federal government in the Federal Labor Standards Act. It has allowed states to establish different water and air quality standards from the federal government upon EPA approval, a power that the Court has repeatedly ruled on without saying boo.
ILPC Spring Speaker Series: Nova Wilson and Sam Deloria
Today, 11:30-1pm in the Castle Board Room at MSU Law. PDF flyer here. 
Cherokee Nation Trust Breach Suit Survives Federal Motion to Dismiss
Here are the materials in Cherokee Nation v. Dept. of the Interior (D.D.C.):
NYTs: “Rural Montana Had Already Lost Too Many Native Women. Then Selena Disappeared.”
Here.
Wisconsin Law Dean Search Announcement
Article on Posthumous Pardon for Tribal Attorney Don Gellers
Here.
Donald Gellers died of cancer at the age of 78 in 2014. During his lifetime, he never asked for a pardon. But in October, Gellers’ attorney, relatives and members of the Passamaquoddy tribe appeared on his behalf to ask the governor’s pardon board to grant him one and to end what has been described by journalist Colin Woodard as “one of the most sordid episodes in Maine legal history.” Woodard has written extensively about the case for the Maine Sunday Telegram.
Briefing Completed in Advance of This Week’s Oral Arguments in Brackeen [ICWA]
All documents here. Oral arguments are on Wednesday. The Court releases a recording of the arguments which we will publish when available.
Principle Supplemental Briefs:
Appellant Tribes En Banc Brief
2019-12-13 Intervenor Navajo En Banc Brief
Individual Plaintiffs_Supplemental Brief
Amicus Briefs pro-ICWA:
Amicus Briefs anti-ICWA
Fletcher Review of John Borrows “Law’s Indigenous Ethics” in Transmotion Journal
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:
- 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;
- An attached PDF job announcement.
Please send all job announcements in this requested format. For examples, see the job announcements below.
Pueblo of Laguna
RFP, Defense Legal Services, Pueblo of Laguna, NM. Seeks proposal from any law firm or individual practicing attorney to provide legal services for adult criminal defense or representation of juveniles in delinquency proceedings when there is conflict of interest or unavailability of regular defender. Reply by March 4, 2020.
RFP, Prosecutor Legal Services, Pueblo of Laguna, NM. Seeks proposals from any law firm or individual practicing attorney to provide prosecutorial legal services for adult criminal or juvenile delinquency cases when there is conflict of interest or unavailability of regular prosecutor. Reply by March 4, 2020.
Public Defender, Dept: Pueblo Court, Pueblo of Laguna, NM.Full-time attorney to represent adult criminal defendants and juveniles in delinquency cases in Laguna Pueblo Court. Leisurely commute from Albuquerque metro or Grants. Application is open until filled.
Please visit the Pueblo of Laguna website for more information and application instructions at www.lagunapueblo-nsn.gov or you can contact the Human Resources office at (505) 552-6654.
The Nottawaseppi Huron Band of the Potawatomi
Paralegal, Fulton, MI. Develops and maintains archive files for all legal projects; Develops procedures for file management and tracking of open project files; Composes memoranda, correspondence, and draft pleadings/documents; and more.For more information and to apply visit the link. Application closes January 28, 2020 at 8:30AM.
Ho-Chunk Nation Department of Justice
Tribal Prosecutor. This position shall represent the ho-Chunk Nation in the prosecution of criminal code and civil offenses. Coordinate with Ho-Chunk Nation law enforcement for investigations, evaluating evidence, and case preparation. For more information please see the position description. Application form here.
Earthjustice
Deputy Managing Attorney, International Program, San Francisco, CA. The Managing Attorney will directly supervise seven program attorneys and professional staff. Additionally, this role will work with the Managing Attorney and other staff to help develop and lead the program’s growing body of work to speed the transition from dirty fossil fuels to clean energy solutions in key countries around the world. Applications will be reviewed on a rolling basis until the position is filled.
Summer 2020 Tribal Partnerships Clerkship, Denver, CO or Seattle, WA. Work with attorneys in the Tribal Partnerships Program to conduct legal research, produce legal writing, and help develop outreach and partnership strategies. Under the supervision of an attorney, a law clerk’s primary responsibilities are to perform legal and factual research, and to develop case strategy and legal theories. For more information please see the position description.
The Suquamish Tribe
Forestry Program Manager, Natural Resource Department, Suquamish, WA. The Program Manager manages and mentors program staff, updates and implements the Port Madison Indian Reservation Forest Management Plan, develops and manages program budgets and grants, evaluates program capacity and needs, and develops strategies to address priorities. This position is open until filled
Mitchell Hamline School of Law
Tenured or Tenure-track Law Professor, St. Paul, MN. Mitchell Hamline School of Law seeks a professor to serve as Co-Director of its Indian Law Program and teach Tribal Law and related courses. Applications close 1/24/20. Contact colette.routel@mitchellhamline.edu with questions.
Yurok Tribe
Title IVE Manager, Northern California. To apply please visit www.yuroktribe.org or call (707) 482-1350 for more information.
Martha L. King, P.C., Native Owned Native Law
Associate Attorney, Albuquerque, NM. Provision of business law services to tribal entities, including developing, amending, advocating, negotiating and/or implementing: governing documents, codes and amendments to support self-governance and economic development; employee handbooks and policies and procedures; intergovernmental agreements; and business documents. Open until filled. For more information please see the position description.
Udall Foundation, John S. McCain III National Center for Environmental Conflict Resolution
(Senior) Program Associate, Tucson, AZ. Support and assist Project and Program Managers to provide NCECR services in facilitation and mediation, project intake, management and contracting of neutral third-party contractor selection, support and management of the neutral contract, and support management of multiple projects simultaneously. Closing Date of Application: January 27, 2020. For more information visit the website or see the job description.
Shingle Springs Band of Miwok Indians Tribal Court
Contract Grant Writer, Placerville, CA. This is a short-contract position helping a growing Tribal Court in the preparation and submission of a grant tied to the important work of juvenile justice. Timeframes for submitting proposals are shortened due to upcoming project. Deadline January 27, 2020. Please see description for more information.
Legal Aid of Nebraska
Staff Attorney, Norfolk, NE. Provide legal assistance to Native Americans in tribal, state, and federal forums. Emphasis on representing Native survivors of domestic violence, sexual assault, stalking, and trafficking. Position open until filled. See job description for more information.
Confederated Tribes of the Umatilla Indian Reservation (CTUIR)
Tribal Attorney, Office of Legal Counsel, Pendelton, OR. OLC provides legal services and representation to the CTUIR Board of Trustees and all respective tribal departments, managers, and staff. For more information please see the position description.
Judicial Branch of the Navajo Nation
Staff Attorney, Chinle Judicial District, Chinle, AZ. This 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, UT. This 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, Dilkon Judicial District, Dilkon, AZ. This 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, AZ. This 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.
Associate Justice, Supreme Court of the Navajo Nation, Window Rock, AZ. This position shall perform work of unusual difficulty, hear arguments, read briefs and conduct research necessary to pass judgment and issue rulings on cases brought before the Navajo Nation Supreme Court. For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.
See posts from January 10, 2020.
Turtle Talk 
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