Here are the materials in Makah Indian Tribe v. Quileute Indian Tribe (CA9):
Quileute & Quinault Opening Brief
State of Washington and Klallam Tribes Brief
Lower court materials in United States v. Washington (W.D. Wash.) (subproceeding 09-01):
442 Quileute Motion for Reconsideration
447 State Motion — Scrivener’s Error
456 State Response to Motions for Reconsideration
“Whitney B. Gravelle, of Brimley, is the tribal attorney for the Bay Mills Indian Community and the former chief judge of the Bay Mills Tribal Court. Ms. Gravelle is active in the tribal community mentoring indigenous youth through the Boys & Girls Club Tribal Youth Program. She earned her Juris Doctor degree from the Michigan State University College of Law. Ms. Gravelle is appointed to succeed Nicole DeMarco, whose term expired July 15, 2019, for a term expiring July 15, 2022. “
For information about the agenda, sponsorships, and registration visit the event page.
The Working with States: Tax Disputes panel is sponsored by Sacks Tierney P.A.
The BYU Law Review has published a new article, Lobbying as a Strategy for Tribal Resilience, that explores how Indian tribes and organizations have used legislative advocacy to influence federal Indian policy. It demonstrates how tribes have used lobbying as a way to build resilience over time by influencing the development of federal Indian policies that promote and protect tribal sovereignty. The article emphasizes the role of American Indian voices in the federal legislative process and shows how tribes have used advocacy to initiate new policies, to reverse court decisions, and to oversee the implementation of existing policies.
The article can be found here.
For information about the agenda, sponsorships, and registration visit the event page.
The Evaluating Business Proposals panel is sponsored by Hobbs, Straus, Dean & Walker.
Here is the opinion:
An excerpt:
THIS MATTER comes before the Court on the bench trial held on October 29-November 20, 2018; November 29-November 30, 2018; December 3, 2018; December 5, 2018; and December 13, 2018. The primary issue is whether Plaintiff Pueblo of Jemez has the exclusive right to use, occupy, and possess the lands of the Valles Caldera National Preserve (“Valles Caldera”) pursuant to its allegedly unextinguished and continuing aboriginal title to those lands. The Court concludes that Jemez Pueblo has not established aboriginal title to the Valles Caldera. Although the evidence proves that Jemez Pueblo has actually and continuously used and occupied the Valles Caldera for a long time, the evidence also shows that many Pueblos and Tribes also used the Valles Caldera in ways that defeat Jemez Pueblo’s aboriginal title claim.
Earlier posts here.
For information about the agenda, sponsorships, and registration visit the event page.
The Secret Life of Litigators panel is sponsored by Holland & Knight.
Here are the materials in Fort McDermitt Paiute & Shoshone Tribe v. Azar (formerly Price) (D.D.C.):
Prior post here.
Alexander Tallchief Skibine has posted a very interesting paper, “Incorporation Without Assimilation: Legislating Tribal Civil Jurisdiction Over Non-Members,” on SSRN. It is forthcoming in the UCLA Law Review Discourse.
The abstract:
For the last 40 years the Supreme Court has been engaged in a measured attack on the sovereignty of Indian tribes when it comes to tribal court jurisdiction over people who are not members of the tribe asserting that jurisdiction. The Congress has already enacted legislation partially restoring some tribal courts’ criminal jurisdiction over non-members. This Essay proposes to legislatively reconfirm the civil jurisdiction of tribal courts over such non-members. After examining the Supreme Court’s jurisprudence in this area and summarizing the Court’s main concerns with such tribal jurisdiction, this Essay explores various legislative options before settling on a preferred course of action. The proposal set forth in the last part of this Essay would reconfirm tribal court civil jurisdiction over non-members provided the tribal courts has established personal jurisdiction over the parties. However, tribal courts’ determinations on this subject would be appealable to federal courts. Furthermore, the Essay proposes to allow non-members being sued in tribal courts the option of removing their cases to federal courts under certain conditions.
Please read our recent post about the requirements for Turtle Talk Friday Job Announcements. Thank you!
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:
Please send all job announcements in this requested format.
Mescalero Apache Tribe
Public Defender, Mescalero, NM. The Public Defender will represent defendants in criminal proceedings filed in the Mescalero Apache Tribal Court. The Public Defender will work to resolve matters in an ethical and professional manner. The Public Defender will oversee Office of the Public Defender staff. A full job description will be provided upon request. Position is open until filled.
Social Services Case Manager, Mescalero, NM. Serves as Case Manager for the Tribal Social Services Program. Provides client case management and referrals. Prepares case records, summaries, special and routine reports, and other records in maintaining a formalized case management system. Establishes and maintains protective services cases with individual case plans for the protection, care, and supervision of children/adults in all placement types. Implements financial assistance programs and objectives. Provides financial assistance eligibility, case management assisting consumers in becoming financial need and appropriate referrals. A full job description will be provided upon request. Position is open until filled.
Social Worker, Mescalero, NM. Under general direction of the Social Services Program Manager, provides a variety of child protective, elderly, and family services. Maintains confidentiality of all privileged information. A full job description will be provided upon requested. Position is open until filled.
Confederated Tribes of the Colville Reservation
(2) Senior Staff Attorney, J-8937, Nespelem WA. Will provide complex legal services to handle significant legal matters for the Office of Reservation Attorneys. Renewable 3 yr. contract position with a full benefits package, Salary will be negotiated. This position is open till filled with weekly reviews.
Spokesperson Sr., J-8914, Public Defenders Office, Nespelem WA. Colville Tribal Court appointed counsel responsible for representing indigent people in Tribal Court. This position is open till filled with weekly reviews.
Deputy Prosecutor, J-8821, Nespelem, WA. Colville Tribal Court representing Criminal, MINOC, Range Impoundment, Natural Resources Enforcement and civil infraction hearings, Wellness court, and appellate cases before the Colville Tribal Court of Appeals. Renewable 3 yr. contract position with a full benefits package. This position is open till filled with weekly reviews.
Managing Public Defender, J-8791, Nespelem, WA. Colville Tribal Court and Court of Appeals, representing Tribal Members in criminal matters. Renewable 3 yr. contract position with a full benefits package. This position is open till filled with weekly reviews.
Staff Attorney, J-8668, Nespelem, WA. Colville Confederated Tribes Legal Office providing legal services to Tribal Members. Renewable 3 yr. contract position with a full benefits package. This position is open till filled with weekly reviews.
Please visit and apply at colvilletribes.com or you can contact judy.zunie@colvilletribes.com.
Legal Services of South Central Michigan
Staff Attorney, Lansing MI. The staff attorney will provide a range of individual advocacy and impact work, including housing law, consumer, public benefits and family law. The position is open until filled. Please visit the link for more information.
ACLU of Arizona
Legal Director, Phoenix, AZ. Reporting to the Executive Director, the Legal Director will lead and expand the ACLU of Arizona’s legal program, including developing and litigating high-impact cases and managing the legal department. The Legal Director will be responsible for setting the overall legal strategy to advance the ACLU of Arizona’s mission, as well as handling the day-to-day management of legal staff, volunteers, and cooperating attorneys. As a critical member of the organization’s senior management team, the Legal Director will provide strategic leadership on both litigation and non-litigation legal advocacy in priority areas of criminal justice, immigrants’ rights, education, and LGBTQ equality, as well as other areas including First Amendment rights. In addition, the Legal Director works in close coordination with our policy, organizing, and communications teams, with the national ACLU staff, and other local and national partners to advance our advocacy goals. The job posting is available online.
National Indian Child Welfare Association
Member Relations Manager, Portland, OR. The member relations manager for the National Indian Child Welfare Association (NICWA) is responsible for the development and implementation of NICWA’s member acquisition, retention, and engagement program and services, to create a robust and active membership. For more information please see the job description.
Fort McDowell Yavapai Nation
Senior Assistant General Counsel, Fountain Hills, AZ. Provide legal advice to the Fort McDowell Yavapai Nation Tribal Council, tribal departments and economic enterprises. Represent the Fort McDowell Yavapai Nation in matters brought in Tribal, State and Federal court. Please see the job announcement for more information.
Department of the Interior
Associate General Counsel, National Indian Gaming Commission, Washington, D.C. The Office of General Counsel within the National Indian Gaming Commission is looking for a supervisory attorney capable of exercising judgment while performing challenging legal assignments, with a broad knowledge of the field of Federal Indian law and regulations as they pertain to Indian gaming and in relation to the operations of the IGRA, and federal, state, and tribal laws and regulations.\
See posts from September 20, 2019.
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