American Indian Law Review, Vol. 48, Issue 2

Here:

How Poor Is Poor Enough? How Jurisdictional Differences in Implementing the Right to Counsel Affect Indigent Native Americans
J. Santana Spangler-Day

PDF

Benefit Corporations—A Tool for Economic Development and Fostering Sovereignty in Tribal Business Structures
Madelynn M. Dancer

Notes

PDF

The Amplified Federal Obligation: Why Dobbs v. Jackson Women’s Health OrganizationAmplifies the Federal Government’s Obligation to Provide Comprehensive Reproductive Health Care in Native American Communities
Rebecca M. Kamp

PDF

Oklahoma v. Castro-Huerta—Using Sentencing Inequities to Address the Oliphant in the Room
Dillon M. Sullivan

Special Feature

PDF

A Tribal Court Blueprint for the Choctaw Freedmen: Effect of Cherokee Nation v. Nash
LeeAnn Littlejohn

South Point Energy v. Arizona DOR Cert Petition

Here is the petition in South Point Energy Center LLC v. Arizona Dept. of Revenue:

Lower court materials here.

Arizona BIO

California Tribal Casinos Sues California Card Rooms under Tribal Access to Justice Act

Here is the amended complaint in Agua Caliente Band of Cahuilla Indians v. Parkwest Bicycle Casino LLC (Cal. Super.):

NARF files suit on behalf of Tribes and Students Challenging Reductions at the Bureau of Indian Education, Haskell Indian Nations University, and Southwestern Indian Polytechnic Institute (SIPI).

The complaint, available below, was filed on March 7 in the U.S. District Court for the District of Columbia. The Tribal plaintiffs include the Pueblo of Isleta, Prairie Band Potawatomi Nation, and Cheyenne and Arapaho Tribes, and the complaint names the Secretary of Interior Doug Burgum, Assistant Secretary – Indian Affairs Bryan Mercier, and Director of BIE Tony Dearman as defendants.

Bobby Wilson @ Michigan Indian Education Council’s Critical Issues Conference

Bobby Wilson, Scorpio
Eva Menefee + the 1491s
Frank Ettawageshik
Rochelle Ettawageshik
June Mamagona Fletcher

John Beaty on Tribal Eminent Domain

John Beaty has published “Tribal Eminent Domain: Sovereignty Gaps and Policy Solutions” in the New Mexico Law Review. PDF

Abstract:

This Article addresses the existence and scope of the tribal power of eminent domain. American Indian Tribes are sovereign entities within the United States and can exercise many traditional government powers. However, centuries of actions by the United States’ executive, legislative, and judicial branches have eaten away at the fabric of tribal sovereign powers. Currently, the scope of tribal sovereign authority is unclear with regards to eminent domain, the practice of a sovereign taking private property for public use. Eminent domain is important to many tribal governmental interests, including infrastructure development and fighting the fractionation of land interests. Although eminent domain is considered a quintessential sovereign power, scholars, courts, and tribes are unsure of the existence and scope of inherent eminent domain. This Article uses first principles, statutory enactments, tribal practice, and case law to argue that tribes retain some form of eminent domain. However, that power has limited application to nonmembers living on tribal land, hampering its effectiveness as both a practical tool and sovereign power. To fill the gaps, this Article proposes two statutes Congress can adopt, one reaffirming the existence of tribal eminent domain power and one delegating federal eminent domain power. By addressing the limits of tribal eminent domain, Congress can support tribes in their sovereign capacity as governments and allow tribes to fulfill their important policy priorities.

Oklahoma SCT Affirms ICWA Tribal Court Transfer Order

Here is the opinion in In the Matter of the Guardianship of K.D.B.

Job Round Up

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.

Tribal Legal Experts (RFP, limited time)

Association of Schools and Programs of Public Health Remote ASPPH’s “Guidance to Accelerate Tribal Public Health Data Access and Use Project” runs from January through July 31, 2025. ASPPH is seeking proposals from Tribal legal experts to work directly with Tribal public health authorities. The Tribal legal experts will work with each participating Tribal public health authority to develop and execute policy pathways for data sharing with respective state and/or local public health jurisdictions within the project period. The direction of data flow may be bi-directional between the Tribe and respective state and/or local jurisdiction, or it may be solely from the respective state and/or local jurisdiction to the Tribe. The types of data for sharing will include systems-level public health data such as case data, syndromic surveillance data, lab-based diagnostic test data, vaccine administration data, geographic data, vital statistics data, and hospital capacity data. All work will be conducted virtually.

Attorneys and/or lawyers with admission to practice law in at least one U.S. jurisdiction; Minimum 5 years of legal experience, with a focus on federal Indian law, Tribal law, public health law, and/or data governance

One award up to $400,000 Closes April 4, 2025 https://aspph.org/membership/funding-opportunities/

Appellate Justice

Prairie Band Potawatomi Nation, Remote
Four Year appointment; Review decisions appealed from the District Court; Citizen or member of an Indian Nation; a graduate of an accredited law school, and be admitted to the practice of law.
Salary: DOE Open Until Filled https://www.pbpindiantribe.com/wp-content/uploads/2024/11/RFQ-Appellate-Justice-11.8.24-Final.pd

District Court Judge Pro Tem

Prairie Band Potawatomi Nation, Remote
Serve on an as-needed basis and hear conflict trial court cases or cases as assigned by the Administrative District Court Judge. Must be a citizen or member of an Indian Nation, a graduate of an accredited law school and be admitted to the practice of law.
Salary: DOE Open Until Filled https://www.pbpindiantribe.com/wp-content/uploads/2024/11/Modified-RFQ-for-District-Court-Judge-Pro-Tempore-FINAL-11.8.24.pdf

Staff Attorney – Central Office
Staff Attorney – Northern Office

California Indian Legal Services
Sacramento, CA
CILS is seeking to hire two permanent full-time Staff Attorneys for its Central Office in Sacramento, California but will consider applications of recent law school graduates as well. These candidates would be hired in a temporary position as Advocate and transition to a Staff Attorney role upon passing the California bar exam.

Supervised by the Directing Attorney, the Staff Attorney will work collaboratively with other staff to provide exceptional legal services in all areas of Federal Indian law. Our fast-paced office provides legal services on issues of jurisdiction, tax, estate planning, trust assets, environmental law, natural resource development, tribal governance, employment, and the Indian Child Welfare Act (ICWA). The Staff Attorney will assume a varied caseload that may include: brief counsel and services to low-income Indian individuals; state and federal court litigation; contract negotiation; advising tribal clients; developing and implementing constitutions, codes, and policies for tribal clients; and making community presentations. The Staff Attorney will be expected to appear on behalf of tribal clients in state dependency actions where the ICWA is applicable.

Qualifications
J.D. and California bar membership in good standing (recent law graduates preparing for the CA bar exam or awaiting results will be considered for the role of temporary Advocate).
Demonstrated knowledge of Federal Indian law with at least 1-3 years of experience practicing law. Solid understanding of Native Americans and Tribes in California.
A commitment to providing high-quality legal services for Native Americans.

Salary: $75,326 – $99,350 Closes 7.31.25 https://recruiting.paylocity.com/recruiting/jobs/Details/3091932/California-Indian-Legal-Services-Inc/Staff-Attorney—Central-Office

https://recruiting.paylocity.com/recruiting/jobs/Details/3092058/California-Indian-Legal-Services-Inc/Staff-Attorney–Northern-Office

Litigation Paralegal

Alaska Regional Office, Earthjustice, Anchorage, Alaska / Juneau, Alaska
Litigation Paralegals on the Alaska Regional team provide administrative and litigation support services for more than a dozen active attorneys practicing in federal courts and administrative venues. Workload constitutes about 75% paralegal duties and approximately 25% administrative duties.
Qualifications
College degree preferred. At least 4 years of experience in a related position. Paralegal certification or equal mastery of skills from previous positions required. Interest in and knowledge of environmental, social justice, or public interest issues relevant to Earthjustice’s mission.
Salary: 82,700 – $91,900 Closes 3/10/25 https://app.jobvite.com/j?aj=oC7rvfwp&s=TurtleTalk

To Apply
Interested applicants should submit the following. Priority will be given to applicants who apply by March 10, 2025. After that, applications may be reviewed on a rolling basis.

Resume
One- or two-page cover letter
Applications will be reviewed on a rolling basis. Preferred start date is mid- or early April, 2025.

Please reach out to jobs@earthjustice.org if you are having technical difficulties submitting your application. No phone calls, drop-ins, or hard copies accepted.

Associate Judge Part Time

The Saginaw Chippewa Indian Tribe Mt. Pleasant, MI
Position Summary:
Under the supervision of Chief Judge, responsible for the timely and efficient administration of justice in all criminal and civil matters brought before the Tribal Court in accordance with all applicable law and shall fulfill all judicial responsibilities of the Chief Judge set forth under Tribal Law. All Tribal Court staff must adhere to mandated reporting laws. This is a contract position.

Qualifications:
Ten years experience as a practicing attorney. Licensed as active member in good standing by the State Bar of Michigan or other state bar. Knowledge of criminal and civil procedure and Federal Indian Law.

Salary: $49,743.20-$62,171.20 Open Until Filled www.sagchip.org/careers/

Associate General Counsel Full Time

The Saginaw Chippewa Indian Tribe Mt. Pleasant, MI
Position Summary:
Under the supervision of Senior Associate General Counsel, provide general legal services to the tribe and its enterprises in a broad variety of matters including: contract law, employment law, administrative law, real estate transactions, Indian gaming regulation, taxation, jurisdiction disputes, environmental law, cultural resource preservation, child welfare, and drafting legislation consistent with representation provided by the General Counsel.

License, Certification, or Special Requirements:
Licensed to practice law in the State of Michigan. Native American preference shall apply to all positions
Salary: $86,486.40-$108,118.40 Open Until Filled https://www.sagchip.org/careers/

Oklahoma Court of Criminal Appeals Decides Stitt v. City of Tulsa

Here:

Briefs here.