Cultural Property Rights Complaint against the Alamo

Here is the complaint in Tap Pilam Coahuiltecan Nation v. Alamo Trust, Inc. (W.D. Tex.):

1 Complaint

Update (3/19/21):

43 DCT Order

44 Amended Complaint

47 George P. Bush Motion to Dismiss

48 McDonald Motion to Dismiss

53 Response

54 McDonald Reply

55 Bush Reply

57 DCT Order

Posting for Michigan SCT Clerkship with Justice Megan K. Cavanagh

Here.

Justice Cavanagh serves on the Michigan Tribal-State-Federal Judicial Forum.

Swinomish Loses Contract Support Costs Dispute with Indian Health Service

Here are the materials in Swinomish Indian Tribal Community v. Azar (D.D.C.):

1 Complaint

21-2 Swinomish MSJ

27 US Cross-Motion

29 Swinomish Reply

32 US Reply

36 DCT Order

An excerpt:

The question in this case is whether, when a tribe collects its own third-party revenue pursuant to 25 U.S.C. § 1641(d)(1), its expenditures of those funds on health care services are eligible for CSC funding from the IHS under the ISDEAA, id. §§ 5325, 5388.

ILPC/TICA Panel – Tribal Employment and #MeToo

2019Pane2lPromos.png

Register and join us for the ILPC/TICA 16th Annual Indigenous Law Conference at the MSU College of Law

If you would like to sponsor this presentation or others, please contact Tribal In-House Counsel Association President Doreen McPaul at dmcpaul@nndoj.org.

For information about the agenda, sponsorships, and registration visit the event page.

National Indian Law Library Bulletin (9/4/2019)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 9/4/19.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2019-2020update.html
Petition for certiorari is pending in:
California Trout v. Hoopa Valley Tribe (Clean Water Act; Water Rights)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
United States of America v. Jeffrey Antonio (Indian Pueblo Lands Act; Tribal Jurisdiction)
Rosita George v. Office of Navajo and Hopi Indian Relocation (Navajo-Hopi Settlement Act)

U.S. Legislation – 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were recently proposed in the House:
H.R.4222 – Indigenous STEM Professional Development Act

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html

  • The need for federal legislation to address Native voter suppression
  • Tribal data governance and informational privacy: Constructing “Indigenous data sovereignty”
  • Applying Indigenous ecological knowledge for the protection of environmental commons: Case studies from Hawai’i for the benefit of “Island Earth.”

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • Federal District Court affirms Yakama reservation’s boundaries
  • Oglala Sioux Tribe considers passing hate crime law
  • Appeals court decision affirms tribal jurisdiction over non-Indians
  • Scotts Valley Band sues Trump administration over homelands decision

Editorial: It’s important to understand Native Americans’ long struggle for voting rights

Canadian First Nation’s Payday Lending Partners’ Convictions for RICO Violations in US Affirmed by Third Circuit

Here is the unpublished opinion in United States v. Neff:

Opinion

Briefs:

Hallinan Brief

Neff Brief

US Brief

Neff Reply

Hallinan Reply

Friday Job Announcements

If you sent in a job announcement but do not see it here, then please read our recent post about the requirements for Turtle Talk Friday Job Announcements. Thank you for your understanding!

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:

  1. In the email body, a typed brief description of the position which includes position title, location (city, state), main duties, and closing date;
  2. An attached PDF job announcement.

Please send all job announcements in this requested format.

Procopio

Native American Internship Program, San Diego, CA. Procopio’s Native American Law Practice Group offers 10-week paid internships for Native American law students or law students with an emphasis in Native American law. Interns join a nationwide network of the next generation of Native American Law attorneys in an active alumni program consisting of Tribal Judges, governmental attorneys, Tribal attorneys, university professors, entrepreneurs  and associates at law firms. Applications can be emailed to ted.griswold@procopio.com. Applications are due Tuesday, October 15th, 2019.

Red Cliff Band of Lake Superior Chippewa Indians

Project Director, Bayfield, WI. Responsible for daily oversight of the Project LAUNCH grant as well as for overseeing the implementation of project activities internal and external coordination, staff oversight, developing materials, and conducting meetings. Also responsible for coordination with partners such as Early Childhood Center, Tribal Court, Indian Child Welfare Program, and the Bayfield School. Located at the Red Cliff Community Health Center. For more information please see the position description.

Kickapoo Traditional Tribe of Texas

Claims and Litigation Specialist, Eagle Pass, TX. Review settled insurance claims to determine that payments and settlements have been made in accordance with company practices and procedures. Report overpayments, underpayments, and other irregularities. Confer with legal counsel on claims requiring litigation. Find more information and fill out an application at: kickapootexas.org.

Pueblo of Laguna

Associate Prosecutor; Dept: Pueblo Court / Prosecutor’s Office; Open Until Filled.

Court Prosecutor; Dept: Pueblo Court / Prosecutor’s Office; Open Until Filled.

Public Defender; Dept: Pueblo Court; Open Until Filled.

Associate Judge; Dept: Pueblo Court; 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.

Tohono O’odham Nation

Assistant Attorney General, Sells, AZ. The Office of Attorney General represents the Tohono O’odham Nation in litigation and other legal matters.  Specific areas of need for the Office of Attorney General are healthcare law and contracts. Submit resume, legal writing sample and names, addresses and telephone numbers of three references to Joshua Rees, Acting Attorney General at joshua.rees@tonation-nsn.gov. Applications accepted until positions filled. Please see the position description for more information.

Kanji & Katzen PLLC

2020 Summer Associates (Seattle, WA; Ann Arbor, MI; Flagstaff, AZ). Kanji & Katzen PLLC is a nationally ranked firm of highly experienced attorneys who are committed to protecting and enhancing the sovereignty and vitality of Indian nations and their members. We are seeking 2020 summer associates in all three of our offices. To apply, please send a cover letter (indicating office preference), resume, legal writing sample, law school transcript, and references to twalrod@kanjikatzen.com. We will start reviewing applications on September 23, 2019. ​Please see announcement for more information.

See posts from August 30, 2019.

Want to post a job announcement to Turtle Talk? First, please read our recent post.

Split Eighth Circuit Panel Holds Tax on Casino Patrons is Preempted by IGRA

Here is the opinion in Flandreau Santee Sioux Tribe v. Noem (No. 18-1271).

Briefs here.

Split Eighth Circuit Panel Holds State Tax on Nonmember Contractor is not Preempted by IGRA

Here is the opinion in Flandreau Santee Sioux Tribe v. Haeder (No. 18-2750).

Briefs here.

Idaho SCT Decides Coeur d’Alene Tribe Water Rights Matter Largely in Tribe’s Favor

Here is the opinion in In re:CSRBA Case No. 49576 (Idaho S. Ct.).

Briefs:

Idaho Opening Brief

Appellants Opening Brief

US Response Brief

Coeur d’Alene Tribe Response Brief

HECLA Response Brief

North Idaho Water Rights Alliance Response Brief

Idaho Response Brief

Coeur d’Alene Tribe Reply

US Reply Brief

Appellants Reply

Idaho Reply Brief