Historic Tribal Family Adoption on Seminole Reservation

From The Seminole Tribune article:

“The ceremony was historic because it was the first time a Tribal family adoption was finalized on a Seminole Reservation – this one taking place in the Tribal headquarters auditorium.

The adoption was made possible through a collaborative effort involving Tribal Court officials, Circuit Court Judge Jose Izquierdo of the Seventeenth Judicial Circuit of Florida and other state agencies.”

Muscogee Freedmen Descendants Forced to Exhaust Tribal Remedies

Here is the order in Muscogee Creek Indian Freedmen Band v. Bernhardt (D.D.C.):

29 DCT Order

Briefs here.

National Indian Law Library Bulletin (5/7/2019)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 5/8/19.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Muscogee Creek Indian Freedman Band, Inc. v. David Bernhardt  (Exhaustion of Tribal Remedies) 
Tolowa Nation v. United States of America (Federal Recognition)

State Courts Bulletin 
https://www.narf.org/nill/bulletins/state/2019.html
T.W. v. Shelby County Department of Human Resources (Indian Child Welfare Act – Expert Witnesses) 

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

  • A comparison of American indigenous tribes and Chinese indigenous tribes with respect to recognition and legal policy. 
  • Book Review. Killers of the flower moon: the Osage murders and the birth of the FBI. By David Grann. New York: Doubleday. 2017. 
  • From exploitation to equity: Building Native-owned renewable energy generation in Indian Country. 
  • Fulfilling climate justice and government obligations to Alaska Native villages: What is the government role? 

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature a Senate Indian Affairs Committee report on self-governance by Indian tribes. 

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
We feature notice of the Department of the Interior, Bureau of Indian Affairs, pertaining to land proclamations for two Indian tribes. 

Legislation Bulletin 
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html

  • S.Res.190: A resolution promoting minority health awareness and supporting the goals and ideals of National Minority Health Month in April 2019, which include bringing attention to the health disparities faced by minority populations of the United States such as American Indians, Alaska Natives, Asian Americans, African Americans, Hispanics, and Native Hawaiians or other Pacific Islanders.
  • H.R.2496: To provide the right of American Indians born in Canada or the United States to pass the borders of the United States to any individual who is a member, or is eligible to be a member, of a federally recognized Indian tribe in the United States or Canada, and for other purposes. 
  • H.R.2484: To amend the Internal Revenue Code of 1986 to treat Indian tribal governments in the same manner as State governments for certain Federal tax purposes, and for other purposes. 
  • S.1307: A bill to amend the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to improve nutrition in tribal areas, and for other purposes.
  • S.1329: A bill to amend the Child Abuse Prevention and Treatment Act to require that equitable distribution of assistance include equitable distribution in Indian tribes and tribal organizations and to increase amounts reserved for allotment to Indian tribes and tribal organizations under certain circumstances, and to provide for a Government Accountability Office report on child abuse and neglect in American Indian tribal communities.

Tenth Circuit Holds BLM Violated NEPA in Approving Chaco Canyon Fracking

Here is the opinion in Diné Citizens Against Ruining Our Environment v. Bernhardt.

Briefs here.

Washington State Bar Association Indian Law Section CLE Friday

The live auditorium is full, but register for the overflow room here: https://www.mywsba.org/PersonifyEbusiness/Default.aspx?TabID=1356&productId=16363219

Kristen Carpenter and Angela Riley on Privatizing the Reservation

Kristen A. Carpenter and Angela R. Riley have published “Privatizing the Reservation?” with the Stanford Law Review (PDF).

Abstract:

The problems of American Indian poverty and reservation living conditions have inspired various explanations. One response advanced by some economists and commentators, which may be gaining traction within the Trump Administration, calls for the “privatization” of Indian lands. Proponents of this view contend that reservation poverty is rooted in the federal Indian trust arrangement, which preserves the tribal land base by limiting the marketability of lands within reservations. In order to maximize wealth on reservations, policymakers are advocating for measures that would promote the individuation and alienability of tribal lands, while diminishing federal and tribal oversight.

Taking a different view, this Article complicates and challenges the narrative of Indian poverty and land tenure advanced by privatization advocates. We focus on real estate and housing in Indian Country to make three points. First, we argue that the salience of Indian homelands as places of collective religious significance, socioeconomic sustenance, and territorial governance has been lost in the privatization debate, which also largely disregards issues of remedial justice associated with conquest and colonization. Second, we introduce to the legal literature new empirical data and economic analysis from the Native Nations Institute demonstrating that the current system of land tenure in Indian Country is much more varied, and recent innovations in federal-tribal housing and finance programs are more promising, than some of the calls for privatization would suggest. Finally, using specific examples from Indian Country, we highlight a model of indigenous self-determination and sustainability, rooted in the international human rights movement, that deserves attention in ongoing domestic policy debates about land tenure, and which has the potential to advance the well-being of humanity more broadly.

News Profile: “Can Oglala Sioux Tribe ban Gov. Kristi Noem from reservation? Here’s what the law says”

Here.

Most Downloaded Indian Law Papers (2018-2019 Academic Year)

Here (now updated with BEPRESS downloads):

The Tribal Franchise: An Expression Of Tribal Sovereignty And A Potential Solution To The Problem Of Mass DisenrollmentBrent Mulvaney, Seattle University School of Law

Sovereign Resilience: Reviving Private Sector Economic Institutions in Indian Country

BYU Law Review 2018 Issue 6
Number of pages: 59 Posted: 01 Aug 2018
Accepted Paper Series

Transforming Property: Reclaiming Modern Indigenous Land Tenures

California Law Review, Forthcoming
Number of pages: 156 Posted: 10 Nov 2018 Last Revised: 02 May 2019
Accepted Paper Series

Empire States: The Coming of Dual Federalism

Yale Law Journal, Forthcoming
Number of pages: 86 Posted: 19 Mar 2019
Accepted Paper Series
Stanford Law School

‘Felix Cohen Was the Blackstone of Federal Indian Law’: Taking the Comparison Seriously

Forthcoming British Journal of American Legal Studies Vol. 8
Number of pages: 43 Posted: 18 Jul 2018
Accepted Paper Series

The Extraterritorial Reach of Tribal Court Criminal Jurisdiction

Hastings Constitutional Law Quarterly, Vol. 46, No. 294, 2019
Number of pages: 18 Posted: 24 Aug 2018 Last Revised: 09 Jan 2019
Accepted Paper Series

Intellectual Property, Traditional Knowledge, and Traditional Cultural Expressions in Native American Tribal Codes

Akron Law Review, Vol. 51, No. 4, 2017
Number of pages: 37 Posted: 04 Sep 2018
Accepted Paper Series

From Foundational Law to Limiting Principles in Federal Indian Law

Montana Law Review (Forthcoming), University of Utah College of Law Research Paper No. 293
Number of pages: 27 Posted: 25 Oct 2018 Last Revised: 13 Nov 2018
Working Paper Series
Enough Is Enough: Ten Years Of Carcieri V. SalazarBethany C. Sullivan, Jennifer L. Turner
Alexander Blewett III School of Law at the University of Montana

Agency Pragmatism in Addressing Law’s Failure: The Curious Case of Federal ‘Deemed Approvals’ of Tribal-State Gaming Compacts

52 U. MICH. J. L. REFORM 49 (2018), U Iowa Legal Studies Research Paper No. 2019-01
Number of pages: 54 Posted: 18 Jan 2019 Last Revised: 27 Mar 2019
Accepted Paper Series

Virginia’s First Slaves: American Indians

Number of pages: 24 Posted: 14 Jan 2019
Working Paper Series

Indian Nations and the Constitution

70 Me. L. Rev. 199 (2018), Harvard Public Law Working Paper No. 19-05
Number of pages: 13 Posted: 07 Sep 2018 Last Revised: 14 Mar 2019
Accepted Paper Series

Originalism and Indians

Tulane Law Review, Vol. 93, No. 269, 2018
Number of pages: 69 Posted: 14 Feb 2019
Accepted Paper Series

Indigenous Rights to Water & Environmental Protection

Harvard Civil Rights- Civil Liberties Law Review (CR-CL), Vol. 53, No. 2, 2018, University of Washington School of Law Research Paper Series
Number of pages: 45 Posted: 20 Nov 2018
Accepted Paper Series

Native American Oral Evidence: Finding a New Hearsay Exception

Number of pages: 48 Posted: 17 Feb 2019 Last Revised: 27 Feb 2019
Working Paper Series
Boston University – School of Law

Indigenous Resilience

Arizona Law Review (Forthcoming), BYU Law Research Paper No. 19-08
Number of pages: 65 Posted: 22 Mar 2019
Accepted Paper Series

Cultivating Professional Identity and Resilience Through the Study of Federal Indian Law

2018 Brigham Young University Law Review 1429, BYU Law Research Paper No. 19-07
Number of pages: 23 Posted: 22 Mar 2019
Accepted Paper Series

Patently Inconsistent: State & Tribal Sovereign Immunity in Inter Partes Review

St. John’s Law Review, Forthcoming, St. John’s Legal Studies Research Paper No. 19-0006
Number of pages: 63 Posted: 01 Mar 2019
Accepted Paper Series

Searching for Principle: Reconciling Tribal Membership and Liberal Values

Indigenous Law Journal, Vol. 16, 2018
Number of pages: 20 Posted: 15 Dec 2018
Accepted Paper Series

Friday Job Announcements

Job vacancies are posted on Fridays. Any posts received prior to 12pm EST on Friday will appear in that Friday’s announcements. If you would like to submit a post for an open Indian law or leadership job, please send the following to indigenous@law.msu.edu:

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

 

Washington Indian Gaming Association

Deputy Director, Olympia, WA. The major area that the Deputy Director is involved in includes supporting the government to government relationship that tribes have with the state of Washington. For more information please see the job description.

University of Arkansas

Program Officer, Indigenous Food and Agriculture Initiative, Fayetteville, AR. The Program Officer is responsible for participating in the comprehensive development, execution, and maintenance of the Indigenous Food and Agriculture Initiative’s (IFAI) core work: developing strategies and solutions to empower Tribal governments and Native food producers in food and agriculture food system development. For more information please visit the link. Applications close May 6, 2019.

EarthJustice

Managing Attorney, Northeast Office, New York, NY. Provide litigation leadership by working collaboratively with attorneys to maximize the quality and impact of the office’s litigation. Manage, develop, and implement regional strategies that align with organization-wide strategic plans, core values, priorities, and other administrative policies and guidance. Oversee overall operations of the office, including budgets and facilities.  For more information please see the job description. Closing date of application is May 17th, 2019. Application email: applications@gumbspartners.com.

Dakota Plains Legal Services

Managing Attorney, Eagle Butte, SD. The Eagle Butte office serves Cheyenne River Indian Reservation in South Dakota and Dewey, Haakon, Potter and Ziebach counties in South Dakota. For more information please see the job description.

Managing Attorney, Pine Ridge, SD. The Pine Ridge office serves the Pine Ridge Indian Reservation in South Dakota and Oglala Lakota, Jackson and Bennett counties in South Dakota. For more information please see the job description.

Staff Attorney, Mission, SD. The Mission office serves the Rosebud Sioux Indian Reservation and Gregory, Jones, Mellette, Todd and Tripp counties in South Dakota. For more information please see the job description.

Staff Attorney, Sioux Falls, SD. The  Sioux Falls office serves primarily Native Americans in the vicinity of Sioux Falls and in the eastern half of South Dakota. This job requires at least two days of travel every week. For more information please see the job description.

Rosette, LLP

Transactional Attorney, Sacramento, CA. This position includes contract review and drafting, secured financing transactions, and in-house counsel work advising clients on material contracts. The firm specializes in representing federally recognized Indian tribes and their businesses. For more information please see the job description.

Litigation Attorney, Sacramento, CA. This position includes handling complex litigation in tribal, state and/or federal courts. The firm specializes in representing federally recognized Indian Tribes and their governmental agencies. For more information please see the job description.

National Indian Gaming Commission

Training Coordinator, Washington, DC. This position is in the Training Program under the supervision of the Training Manager within the Division of Compliance under the Office of the Chief of Staff and is responsible for collecting, organizing, monitoring, and distributing information related to training projects and initiatives. Application closes May 16, 2019. Please see the job description for more information.

Pueblo of Laguna

Attorney, Laguna, NM. Under the direct administrative supervision of the Government Affairs Director, serves as an in-house legal advisor, representative, and counselor. Ensures the adherence to applicable laws to protect and enhance tribal sovereignty, to avoid or prevent expensive legal disputes and litigation, and to protect the legal interests of the Pueblo government. For more information please see the job description. Note: the announcement states the closing date as May 3, but it will be extended for at least a couple of more weeks.

Mille Lacs Band of Ojibwe

Law Clerk PT, Onamia, MN. Seeking 2nd or 3rd year law students who may be interested in working in the field of federal Indian Law and tribal law. The Law Clerk is responsible for assisting the Tribal Court judiciary with legal research, drafting of court decisions and special court development projects.  For more information please see the description.

Turtle Mountain Band of Chippewa Indians

Tribal Attorney, Belcourt, ND. Under the direction of the General Counsel, the Tribal Attorney – represents the Turtle Mountain Band of Chippewa Indians in government matters, child protection matters, policy and law development. The position is also responsible for performing the duties of the Prosecutor’s Office related to child welfare and related cases in the absence of the Tribal Prosecutor. this position is open until filled. For more information please see the job description.

Tribal Attorney II, Belcourt, ND. Under the direction of the General Counsel, the Tribal Attorney – represents the Turtle Mountain Band of Chippewa Indians in government matters, child protection matters, policy and law development. The position is also responsible for performing the duties of the Prosecutor’s Office related to child welfare and related cases in the absence of the Tribal Prosecutor. This position is open until filled. For more information please see the job description.

Ryerson University

Founding Dean, Toronto, ON. Reporting to the Provost and Vice-President, Academic and part of Ryerson’s senior administration, the Founding Dean, Faculty of Law will be responsible for all academic, administrative, and external activities of Ontario’s newest law school. For more information please see the job description.

 

See posts from April 26, 2019.