The federal government of the United States, including federal agencies, owes a trust responsibility to Tribes. The contemporary federal administrative state has given greater authority over agency decisions to the federal judiciary while simultaneously reducing government funding for various agencies’ operations. As a result, it is unclear that the federal government will continue to adhere to its trust responsibility in agency actions. Failure to account for Tribal governments in the current administrative state is a violation of the United States’ duty to Tribes and calls for greater advocacy to ensure the protection of Tribal interests—both in federal agencies and in federal courts.
This bullshit AI art is no reflection on Manny’s great work. (Look at those cheeks!)
Enbridge Energy’s crude oil pipeline, known as Line 5, currently poses a serious threat to the vitality of the Bad River in Wisconsin and the Great Lakes more broadly. Its construction threatens centuries old treaty rights of Ojibwe nations. Line 5 has been the subject of protest and extensive legal action over the past decade. This Note analyzes the legal claims leveraged by various Ojibwe nations against Enbridge. First, it considers the history of the Ojibwe people in the Midwest region and the treaties forged between the United States and Ojibwe leaders, which enshrined rights to hunt, fish, and gather on both reservation and ceded territory. Then, it analyzes the attempted forced removal of the Ojibwe by the federal government, despite these treaties. Next, it details early twentieth century criminalization of the exercise of the right to hunt, fish, and gather, and the legal battle to exercise those reserved rights. Then, it discusses the Walleye Wars of the late twentieth century. Finally, this Note describes how the contemporary legal battle against Enbridge’s Line 5 builds upon this legacy, arguing that the environmental threat posed by the pipeline inhibits the ability to exercise reserved treaty rights, and threatens the vitality of the land.
Section 1 of the Fourteenth Amendment provides that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Much of the debate over the meaning of this provision in the nineteenth century, especially what it meant to be “subject to the jurisdiction” of the United States, concerned the distinctive status of Native peoples—who were largely not birthright citizens even though born within the borders of United States.
It is unsurprising, then, that the Trump Administration and others have seized on these precedents in their attempt to unsettle black-letter law on birthright citizenship. But their arguments that this history demonstrates that jurisdiction meant something other than its ordinary meaning at the time—roughly, the power to make, decide, and enforce law—are anachronistic and wrong. They ignore the history of federal Indian law.
For most of the first century of the United States, the unique status of Native nations as quasi-foreign entities was understood to place these nations’ internal affairs beyond Congress’s legislative jurisdiction. By the 1860s, this understanding endured within federal law, but it confronted increasingly vocal challenges. The arguments over the Fourteenth Amendment, then, recapitulated this near century of debate over Native status. In crafting the citizenship clause, members of Congress largely agreed that jurisdiction meant the power to impose laws; where they heatedly disagreed was whether Native nations were, in fact, subject to that authority. Most concluded they were not, and in 1884, in Elk v. Wilkins, the Supreme Court affirmed the conclusion that Native nations’ quasi-foreign status excluded tribal citizens from birthright citizenship.
But the “anomalous” and “peculiar” status of Native nations, in the words of the nineteenth-century Supreme Court, means that the law governing tribal citizens cannot and should not be analogized to the position of other communities—or at least any communities who lack a quasi-foreign sovereignty and territory outside most federal and state law but within the borders of the United States. Indeed, the Court in Wong Kim Ark expressly rejected the attempt to invoke Elk v. Wilkins to deny birthright citizenship to a Chinese man born in the U.S. to non-citizen parents, ruling that the decision “concerned only members of the Indian tribes within the United States.” The analogy has no more validity today than it did then, and the current Court should continue to reject it.
No surprises here. This petition has been fully briefed since November 6, 2024, the day after Election Day, with at least 12 relistings. Plainly, the Court has chosen to wait for the Trump Administration to moot this case . . . and now it has (more or less) . . . or at least render this case a bad vehicle for review. This allows the Court to avoid a wedge issue for conservatives — religious freedom uber alles (except Indians) but not in the face of natural resources extraction operations. The rank hypocrisy and cynicism on display here is really quite remarkable, but then again, this is Indian affairs.
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LCO Public Defender
Lac Courte Oreilles Tribal Administration Office, Hayward, WI
Associate General Counsel provides legal services to the Ute Mountain Ute Tribal Council and the Tribe’s Departments in all relevant matters as directed by the Ute Tribe’s General Counsel or the Tribal Council members.
A Juris Degree from an accredited law school and at least two (2) years full time experience in the legal field, an emphasis on Indian Law preferred.
Salary: $43.27 Open until 04/25/2025
Apply at Utemountainutetribe.com; click human resources and you can fill at application and return back to Mjannot@utemountain or fax back to 970-564-5528. Any other questions you can contact Nikii Green @ 970-238-0613 .
General Counsel
Yurok Tribe, Klamath, CA
Under the general supervision of the Yurok Tribal Council, the General Counsel will assist the Yurok Tribal Council and Tribal Departments in the legal matters related to the business of the Yurok Tribe. Incumbent will be responsible for planning, organizing, directing, and controlling all activities of the Office of the Tribal Attorney. The General Counsel will ensure the efficient and economical use of the resources of the department, including budgeted funds, grant monies, personnel, facilities, and time, to accomplish short-term and long-range objectives.
Juris Doctor degree required.
Law School graduate licensed to practice law in the State of California and 10 years practicing law as a licensed attorney.
The primary responsibility of this position will be to provide prosecutor service to the Zuni Tribe in all classes of criminal offenses. Investigate and prosecute criminal matters and related legal issues of crimes that occurred within the exterior boundary of the Zuni Reservation.
Juris Doctorate from an American Bar Association Accredited Law School with Three (3) years of experience handling criminal cases OR Bachelor’s Degree in Criminal Justice or related major with Five (5) years of experience in victim assistance, law enforcement, and or court processes preferred.
Salary $39.19 hourly rate, Open Until Filled
Pueblo of Zuni – www.ashiwi.org, Tribal Prosecutor job link
Duties include but not limited to: Shall maintain public confidence and integrity with the Attorney General Office. Shall review all criminal complaints to determine whether probable cause exists to proceed against each alleged offender, may file criminal cases only when probable cause exists to believe that an offense has been committed; and shall use sound discretion in filing and prosecuting cases before the Tribal Court. Shall take charge of the case and shall perform the functions of a trial lawyer on behalf of the Oglala Sioux Tribe. Shall have the discretion to decline prosecution and to enter into plea agreements in the interest of serving the public good of the Oglala Sioux Tribe
Qualifications:
1. Is a member of the Oglala Sioux Tribe
2. Is Twenty-five (25) years of age or older
3. Has made a home on the Pine Ridge Indian Reservation for at least five (5) years immediately prior to their appointment.
4. Has never been convicted of a felony or within one (1) year past, a misdemeanor
5. Must not have been convicted a misdemeanor type of offense within the past year
6. Bachelor’s Degree in Criminal Justice or other relevant field. Minimum of two (2) years of experience in Public Safety Patrol or Investigations may be substituted for a degree.
Provide legal counsel and representation to the Central Council of Tlingit & Haida Indian Tribes of Alaska in the areas of tribal government, federal-tribal relations, federal-state relations, tribal jurisdiction, environmental and natural resources law and policy, economic development, employment, contracts, code drafting and compliance.
Juris doctorate from an American Bar Association accredited law school. Member in good standing of, or ability to become a member of, the Alaska Bar Association.
Yuhaaviatam of San Manuel Nation, San Bernardino, CA or Washington, DC
Under the direction of the Vice-President, Associate General Counsel – Gaming, the Staff Attorney – Gaming provides legal advice and support to the enterprise and its instrumentalities and enterprises on emerging issues related to the Tribe’s gaming-related legal and legislative positions. Provides recommendations for and assists with a broad array of gaming-related matters under supervision from the Vice President Associate General Counsel – Gaming and implements best practices to address emerging legal and business issues related to gaming generally and the Tribe’s gaming enterprises and gaming related projects.
Juris Doctor from an American Bar Association accredited law school required. Minimum of five (5) years of experience as a licensed attorney required. Experience in the areas of Federal Indian law, tribal gaming, and/or commercial gaming, preferred. Must be a member of a State Bar in good standing.
Fall 2025 Legal Internship – Tribal Partnerships Program
Earthjustice, Remote
Earthjustice’s Tribal Partnerships Program is accepting applications for one full- or part-time legal intern for fall 2025. We are seeking law students who share a passion for justice and a healthy environment. This is a paid position, and the successful candidate may work remotely or on a hybrid schedule from one of Earthjustice’s offices.
Enrolled in law school as a 2L or 3L during fall 2025.
Excellent writing, research, analytical and organizational skills.
Familiarity with legal research tools, including Westlaw.
Strong work ethic, initiative, and ability to think creatively.
Ability to work collegially with others and independently.
Knowledge of environmental and administrative law is a plus.
Interest in public interest law and social justice.
If full-time, must commit to 37.5 hours per week.
If part-time, must commit to at least 12 hours per week.
Lead complex climate and energy cases before state public utility commissions, state air agencies, federal agencies, and state and federal courts. Lead litigation and advocacy efforts, and perform the full range of litigation tasks, including conducting factual investigations, developing legal theories, securing expert testimony, submitting comments, petitions, briefs, and oral arguments.
Law school graduate admitted, or eligible for admission to the applicable bar within 14 months of employment. Licensed to practice law in the US jurisdiction in which the attorney will be located, or a willingness and qualifications to apply for membership within fourteen months of employment. Ability to develop cases, manage a litigation docket effectively, lead a litigation team, and work collaboratively with colleagues and partner organizations. Commitment to public interest work and a passion for the role of Earthjustice and its mission, including a desire to fight for the right of all to a healthy environment.
Salary in New York, NY & San Francisco, CA: $169,900+
Salary in Washington, DC, Los Angeles, CA & Chicago IL: $161,400+
Develop, lead, and conduct complex litigation, primarily in federal courts. Conduct and supervise advocacy before agencies, state and local governments, and courts as warranted. Manage new and existing litigation matters from start to finish, including working with technical experts as appropriate.
Juris Doctorate (JD) degree from an ABA accredited law school. A minimum of eight years of relevant litigation and advocacy experience, including significant lead counsel experience.
Admitted to the bar of the state in which they reside.
Salary range in San Francisco, CA and New York, NY: $179,000 – $207,100
Salary range in Sacramento, CA; Massachusetts; Washington, D.C.; Chicago, IL; Seattle, WA; Los Angeles, CA; and Honolulu, HI: $170,100 – $196,700
Salary range in Juneau, AK; Anchorage, AK; Denver, CO; and Philadelphia, PA: $161,100 – $186,400
Salary range in Miami, FL; Austin, TX; Tallahassee, FL; Maine; Albany, NY; Bozeman, MT, and New Orleans, LA: $152,200 – $176,000
Holistic public defender’s office seeks zealous advocates to practice as trial attorneys. Advanced training opportunities and competitive pay and benefits available. Ideal candidates have strong commitment to client-centered service and willingness to defend complex felony and misdemeanor cases, in trial and appellate courts. Must be able to read, write, and care for justice. Required: license to practice law in good standing (in Arizona or able to qualify), 3 or more years of experience, defense work preferred.
Litigation Managing Attorney, Native American Program
New Mexico Legal Aid, Santa Ana Pueblo, NM
Provides supervision of Native American Program (NAP) Staff Attorneys, Paralegals, and Secretary in case handling matters; carries caseload as sole or co-counsel for low-income Native Americans; ensures case handling compliance with Legal Services Corporation requirements and rules of professional conduct; proposes systemic impact strategies for NAP’s work. Understanding of tribal law and federal and state Indian law; experience in low-income tribal communities; experience as an attorney on matters concerning the unique status of Native persons; admission to practice in NM or ability to become licensed to practice in NM. Salary: $69,376 – $104,547 Open until April 30, 2025, or until filled https://newmexicolegalaid.isolvedhire.com/jobs/1248729
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