Christian McMillen on Forced Fee Patents

Christian McMillen has published “I Didn’t Know That a Patent Was a Dangerous Thing”: Forced Fee Patents, Native Resistance, and Consent” in the Western Historical Quarterly.

Here is the abstract:

Between 1906 and 1920 the Bureau of Indian Affairs (BIA) issued more than 32,000 fee patents, covering 4.2 million acres of land. More than half of the patents were issued between 1917 and 1920. The BIA forced many of these patents upon Native people without their consent. When individually allotted land went from trust to fee, the land was taxed and could be sold. The consequences were devastating. Was this legal? Many Native people protested their fee patents, but others did not. Indeed, protesting dispossession was an act of courage and defiance. Native protest led to a legal precedent that had an impact across Indian country: consent was required. But was compliance synonymous with consent? Must one resist a policy found to be illegal in order for it not to apply? For a time, the answer was yes. Ideas about consent began to change leading to another series of legal challenges to the Bureau’s forced fee patent policy.

Wisconsin Federal Court Rejects Hobart’s Challenge to Oneida Trust Land Acquisition

Here are the materials in Village of Hobart v. Dept. of the Interior (E.D. Wis.):

Wisconsin Federal Court Dismisses Non-Indian Property Owners’ Suit Asserting Menominee Tribe is to Blame for Their Tax Bill

Here are the materials in Legend Lake Property Owners Assn. v. Menominee County (E.D. Wis.):

Prior post here.

New Scholarship on the Boarding School Initiative

Diane Marie Amman has posted “Child-Taking Justice and the Federal Indian Boarding School Initiative,” published in the American Journal of International Law and the Supreme Court Law Review, on SSRN.

Here is the abstract:

The focus of this article is the 2022–2024 Federal Indian Boarding School Initiative undertaken the U.S. Executive Branch. The article chronicles this three-year process, which included sessions with survivors and their descendants, and which resulted in a two-volume report, in an apology by President Joe Biden, and in designation of a national memorial at one of the most notorious school sites. This article examines the initiative as an example of “child-taking justice”; that is, as a process of what is called “transitional justice”, done in an effort to redress the takings of children from their community, followed by efforts to alter, erase, or remake the children’s identities. The initiative shed glaring light on the past history and present effects of a centuries-old practice by which the United States took Indigenous children from their families and forced them to attend residential schools where they were compelled to submit to Westernized and Christianized notions of “civilization.” 

Unfolding within the internal constitutional framework of the United States, the U.S. initiative benefited from meaningful engagement with affected communities. This article nonetheless argues for a framing that also addresses external frameworks; to be specific, one that engages fully with applicable international law and lessons learned elsewhere. The argument runs counter to the United States’ longstanding practice of holding international human rights law at arm’s length, while pressing other countries to conform to that law’s strictures. Efforts of a U.S. human-rights-at-home movement have not reversed that trend. Thus the U.S. initiative made only a hesitant overture to international issues and to three countries, Canada, Australia, and New Zealand, with which it claimed kinship. The 2025 inauguration of a President hostile to rights-based justice pointed to limitations of this approach.

Kelly Church

Michigan COA Holds Mackinac Band Member Possesses Fishing Rights

Here is the opinion in People v. Caswell.

Prior opinion here.

Briefs when we get them

Ute Tribe Amends Complaint in Lands Suit

Here is the amended complaint in Ute Indian Tribe of Uintah and Ouray Indian Reservation v. Ure (D. Utah):

Prior post here.

New Mexico Federal Court Allows Pueblo of San Felipe to Amend Its Complaint to Seek a Resurvey of the Lands in Dispute with Pueblo of Santa Ana

Here are the new materials in Pueblo of San Felipe v. Haaland (D.N.M.):

78 Motion to Amend Complaint

78-1 Proposed Amended Complaint

86 Federal Opposition to Motion to Amend

87 Pueblo of Santa Ana Opposition to Motion to Amend

92 Reply ISO 78

120 DCT Opinion on Motion to Amend

Prior post here.

Nuttin’ to do wit’ nuttin’.

New Mexico Federal Court Orders Rule 19 Dismissal of Suit + Exhaustion of Tribal Remedies in Child Custody Dispute

Here are the materials in Mundo v. Vandever (D.N.M.):

Northwestern Univ. Law School National NALSA Moot Court Call for Judges

The National Native American Law Students Association (NNALSA) is excited to announce that its 34th Annual NNALSA Moot Court Competition will be hosted by Northwestern Pritzker School of Law. The Competition will take place on February 13-14, 2026, at Northwestern Law in Chicago, IL. 

NNALSA was founded in 1970 to support law students who are interested in federal Indian law, tribal law, and traditional forms of governance. Each year, NNALSA sponsors a moot court competition for law students who have a passion for Indian law and litigation.

We ask for your support and invite you to be part of this exciting event by contributing as a volunteer judge. Please fill out this link to share your interest and availability. Ahehee’ (Thank you)!

If you have any questions or comments, please email Colin Tompson at mootcourt@nationalnalsa.org

Job Postings 11.20.25

If you have a new announcement, please share it with us by uploading the information requested on this Google Form. If you have any questions, please email the MSU College of Law Indigenous Law & Policy Center at indigenous@law.msu.edu.

Staff Attorney

Water Protector Legal Collective, Remote

Develop and manage a litigation and advocacy docket that advances WPLC’s mission on behalf of Indigenous Peoples, the Earth, and climate justice movements, in close collaboration with other staff attorneys, non-attorney staff, volunteers, and grassroots community partners.

Provide high-quality representation for Water Protectors and human rights defenders, and/or recruit, coordinate, and support cooperating attorneys to ensure representation needs are met.

Movement support and community engagement: Conduct outreach to Indigenous movements and Peoples across Turtle Island to assess legal needs, develop and present CLEs, webinars, legal trainings, document human rights violations, create systems for legal support and mass defense; and provide legal research.

Supervision of interns and volunteers: In coordination with the Executive Director, recruit and supervise law student interns, law clerks, and legal worker volunteers on relevant legal work. Coordinate with cooperating attorneys and contract counsel as needed.

Public Education & Communications: Work to increase awareness of WPLC legal cases and campaigns. When appropriate, engage in public speaking, media, and movement-facing communications on behalf of the organization. Provide edits or pre-publication review to press releases or other public communications as needed.

Required Qualifications:

  • J.D. from an ABA-accredited law school
  • Licensed attorney in good standing in at least one U.S. jurisdiction
  • Approximately 3-5 years of litigation experience; candidates with more or less experience who strongly align with the position may be considered.
  • Outstanding legal research, writing, and oral advocacy skills
  • Ability to work both independently and collaboratively in a remote, fast-paced setting
  • Strong communication and interpersonal skills, including the ability to build trust with

Indigenous Peoples, frontline communities, and grassroots movement partners 

  • Demonstrated commitment to decolonial, justice-centered, and Indigenous-led work, and to environmental and climate justice, human rights, and movement lawyering
  • Understanding of cultural safety and the history of harm experienced by Indigenous

Peoples, including settler colonialism, pressures of domestic and international legal systems, impacts of extractive industry and corporate violence

Preferred Qualifications:

Knowledge of one or more of the following areas:

        Federal Indian Law

        Civil litigation or impact litigation

        Criminal defense and/or mass defense

        Environmental law

        Water law

        International human rights

        International Indigenous rights

        Administrative law

Experience working with Indigenous communities, Tribal governments, or grassroots organizations

Experience with community legal education, popular education, or movement training

Additional language skills relevant to communities we serve (i.e., Indigenous languages, Spanish, Portuguese, French)

This is a full-time, exempt position with a salary of $65,000 – $82,500 per year DOE. WPLC is committed to investing in the education and training, including opportunities for learning and professional development wherever possible, consistent with budget and organization capacity. Closes December 5, 2025

Submit 1) a cover letter and 2) an updated resume or CV to jobs@waterprotectorlegal.org by December 5, 2025 with the subject line: “Staff Attorney Application – Your Name.

https://www.waterprotectorlegal.org/opportunities

Associate Attorney

Bristol Associates, Inc., Washington

Our executive search firm, Bristol Associates, is assisting a federally recognized Native American Tribe seeking an ambitious and dedicated Associate Attorney to provide legal assistance for their organization. This position provides legal assistance in the form of contract review, legal research as well as advising on various business initiatives. This role provides a broad range of legal services on matters including, but not limited to, contract law, hospitality law, gaming law, employment law, administrative law, and tribal law.

Minimum Qualifications: 

– Juris Doctor degree from an ABA accredited law school

– If not licensed with the WA State Bar, must be willing to gain licensure within 6 months of employment

– At least five (5) years of transactional experience, specifically in corporate, finance, intellectual property, or other related areas

– Working knowledge of contractual agreement preparation and review, compliance, and employment law

Preferred Qualifications:

– Experience working for or with tribal governments, law firm specializing in tribal &/or gaming law, or graduate of an Indian law program preferred

– Previous experience in regulations and compliance and contract review as well as applicable compacts and regulations governing gaming preferred

– Working knowledge of federal Indian law, Washington State law, and other relevant Federal and state regulations and policies that apply to tribal communities preferred

Salary: $122,000 – $160,000 + Bonus Open until filled. https://www.linkedin.com/jobs/view/4321094229/