Sad News: Frank LaMere Walks On

Here.

Few of yesterday’s articles about his life mention just how much work he did on behalf of Native children, including the March for Lost Children. In this interview, he speaks about making people uncomfortable–“Nothing changes until someone feels uncomfortable.”

If you worked on ICWA in any capacity, you knew Frank LaMere. Keep making people uncomfortable.

Profile of Pokagon Band Citizen Jordan Brewer Playing for Michigan in College World Series

Here is “Brewer Discusses Whirlwind of Success This Season, Support of His Tribe.”

Intercept Article on ICWA and the Brackeen Case

Here

“Babies don’t get born and run down to the citizenship office and file a petition,” said Matthew Fletcher, director of the Indigenous Law and Policy Center at Michigan State University. When his own child was born, he and his partner took a year to register him as a tribal member, in part because he was eligible for more than one tribal nation. “To say that somehow this kid hasn’t been enrolled yet and therefore doesn’t have a political relationship is really quite disingenuous.”

***

Reflecting on the rhetoric used by ICWA opponents like Sandefur, Nicole Adams, a spokesperson for Partnership for Native Children, pointed to the institutions that pushed for the use of boarding schools and adoption for decades before ICWA’s passage. “They were led by very well-intentioned Christian coalitions purporting that Indian children needed to be saved, and they were just the ones to do it. If you look at the rhetoric being put out by some of ICWA’s most staunch opponents, it is eerily and frighteningly similar.”

No State Sovereign Immunity in Patent Case [Relying on Saint Regis Mohawk Decision]

From the Federal Circuit Court of Appeals:

Opinion

And, contrary to UMN’s arguments, Saint Regis did not
base its reasoning on implied abrogation of tribal sovereign
immunity. Instead, Saint Regis concluded that IPR was an
agency reconsideration proceeding to which sovereign immunity does not apply in the first instance. 896 F.3d at 1329. This reasoning applies equally to states as it does to
tribes.

Article discussing the opinion here.

Free Trial Advocacy Skills Hosted by Bay Mills and MSU! This Week! For Trial Judges, Prosecutors and Defenders!

Now with 17.5 Minnesota CLE Credits!

free-trial-advocacy-skills-training-

Come to Michigan in June when it is beautiful! Open to judges, defense attorneys, and prosecutors, this three-day training will provide trial skills training though a “learning-by-doing” teaching method, which includes lectures and demonstrations from training staff, and provides each participant with hands-on experience and practice sessions. This training is tuition free, however, space is limited.

Join us June 19-21, 2019

Visit the website for more information and to register. Hotel block is here.

Find a PDF version of the flyer here.

SCOTUS Confirms Dual Sovereignty Exception to Double Jeopardy Clause [over powerful RBG dissent]

Here is the opinion in Gamble v. United States.

Prior posts on this case here.

Dispute Between Muscogee and Poarch Creek Regarding Poarch Creek’s Construction of its Casino on Sacred Grounds

Here are the initial materials in the litigation between Muscogee Creek and Poarch Creek alleging the latter Tribe’s construction of a casino on sacred grounds:

Motion for Leave to File Amended Complaint

Amended Complaint & Exhibits

National Indian Law Library Bulletin (6/13/2019)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 6/13/19.

U.S. Supreme Court Bulletin 
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
The following cases were recently denied review: 
King Mountain Tobacco Company, Inc. v. United States  (Treaties; Taxation) 
Mitchell, et al. v. Tulalip Tribes of Washington (Sovereign Immunity)
Teck Metals LTD v. The Confederated Tribes of the Colville Reservation (Hazardous Waste)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Flandreau Santee Sioux Tribe v. United States Department of Agriculture  (Hemp Production)
Pauma Band of Luiseno Mission Indians of the Pauma and Yuima Reservation v. Unite Here International Union (National Labor Relations Board) 
Rincon Mushroom Corporation of America v. B.M., J.C., V.W., G.P., S.S., C.K., D.W., DOE CO., DOE I, DOE II  (Exhaustion of Tribal Court Remedies)

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

  • Resilience and Native girls: A critique.
  • Sovereign metaphors in Indian law. 
  • The restatement of the law for American Indians: The process and why it matters.
  • Tribal nations and Congress’s power to define offences against the law of nations.
  • From foundational law to limiting principles in federal Indian law. 
  • United States v. Gillette: A tiny prairie casenote opening a window on the enveloping fog obscuring the Indian Civil Rights Act of 1968. 
  • Native American religious accommodations, national parks, and the Cutter test.
  • Reversing course on environmental justice under the Trump administration. 

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature an article about a tribe taking on a management role for a troubled Indian Health Service hospital. 

Legislation Bulletin 
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were added: 
S.288: Justice for Native Survivors of Sexual Violence Act.
H.R.1373: Grand Canyon Centennial Protection Act.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
The Bureau of Indian Affairs, Bureau of Indian Education, has proposed a rule relating to standards, assessments, and accountability. 

Allie Maldonado Book Signing at McLean & Eakin June 20

Here.

Friday Job Announcements

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.

InterTribal Court of Southern California

Court Services Administrative Assistant, CA 92082. Greet visitors, receive documents for filing, prepare case files for judges’ review, and perform other administrative duties. For more information please see the job description.

Earthjustice

Staff Attorney, Oil and Gas, Appalachia, Chicago, IL. Develop new cases in a strategic fashion; conduct factual investigations; develop legal theories; and otherwise manage new and existing cases within state or federal courts and administrative agencies. Litigate cases from beginning to end, performing all aspects of litigation. The application is a rolling deadline. For more information please see the job description and apply here.

Director of Legal Training and Development, Washington, DC. Create and manage an overall strategy for the organization to meet its mission. Lead and develop robust onboarding, training and professional development programs. Consult with supervisors and department leads to recommend customized training and professional development solutions. The application is a rolling deadline. For more information please see the job description and apply here.

Colorado River Indian Tribes

Deputy Attorney General, Parker, AZ. The Deputy Attorney General works with Tribal Council and all Tribal Departments and Enterprises, under the supervision of the Attorney General. Application closes June 25, 2019 or until filled. The application can be found at  here and submitted to crithr@crit-nsn.gov.

Great Plains Tribal Chairmen’s Health Board

Chief Health Systems Administrator, Rapid City, SD. Responsible and accountable for the continued development of a comprehensive and quality health care service delivery system; the overall fiduciary and leadership responsibilities for the Oyate Health Center; development, implementation and evaluation of new programs; and, overseeing the development and results of short-term and long-term strategic plans. For more information please see the job description.

Intergovernmental Affairs Director, Rapid City, SD. Advance the mission of GPTCHB through excellence in regulatory tracking, policy, advocacy, outreach, technical assistance, research and related projects. This position oversees the interactions of the GPTCHB with tribal, federal and state governments and agencies in addressing all issues affecting health care in the Great Plains Area. This position is open until filled. For more information please see the job description.

Picayune Rancheria of Chukchansi Indians

Attorney, Oakhurst, CA. The tribal attorney 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 tribal government. This position is open until filled. For more information please see the job description.

RFP, Coarsegold, CA. Requesting Proposals for an independent agency to serve as the
election committee. The responsibilities of the election committee are outlined in the Tribe’s election ordinance. See the announcement for more information. Closing date is June 14, 2019.

American Indian Law Program at University of Colorado Law School

Fellow, Boulder, CO.  The Fellow supports the AILP Director and members of the AILP faculty in two major areas: legal/academic and institution building work. This position is well-suited for a recent graduate with experience in the fields of federal Indian law and international human rights who is planning a career in legal practice, policy, or academia. Apply by July 15, 2019. Please see the position description for more information.

Hopland Band of Pomo Indians

NCICS Court Operations Manager, Hopland, CA. The Northern California Intertribal Court System (NCICS) Tribal Court Operations Manager is responsible for the administration of tribal court operations, programs, and services.  They also work closely with tribal leaders of the NCICS Judicial Council, Judges, tribal attorneys, court clerks, probation officers, tribal advocates, and county Judges and court administrators.  For more information please see the job description.

Great Lakes Indian Fish & Wildlife Commission

Admin Policy Analyst, Odanah, WI (Bad River Indian Reservation). Personnel policies & procedures, Department SOP development; assistance with human resource matters, contracts, leases, insurance policies; related legal research. Closing date is June 21, 2019. Application should include a letter of interest, writing sample, resume, three references. Please see position description for more information.

Anishinabe Legal Services

Staff Attorney, Cass Lake, MN (Leech Lake Reservation). Provide civil legal assistance and court representation to program clients before area Tribal Courts, State Courts and Administrative Forums. Primary duties will include handling a wide variety of civil matters before State and Tribal Courts. Applications preferred by July 5th, 2019 but will be accepted until the position is filled. For more information please see the position description.

Environmental Law Institute

Intern, Washington, DC. Conduct in-depth secondary and primary research, attend and report on outside events, analyze, edit, and synthesize scholarly material, assist with preparation for environmental training courses, and provide limited administrative support. Applications for the fall internship will be accepted until 11:59 pm Sunday, July 21, 2019, and will be reviewed on a rolling basis. For more information on the Institute, visit www.eli.org.

The Coyote Valley Band of Pomo Indians

Law Fellow, Redwood Valley, CA. Seeking a legal fellow that will assist the General Counsel with the provision of legal services to the Tribe, including the Tribal Council and various Tribal departments.  The Tribe is willing to assist the successful applicant in obtaining student loan forgiveness through any available public service debt elimination programs. Application is open until filled. For more information please see the position description.

The Kickapoo Traditional Tribe of Texas (“KTTT” or “Tribe”)

Staff Attorney, Maverick County, TX. Research matters affecting the legal rights and interests of the Tribal government; Litigate on behalf of the Tribe before tribal, federal, and state courts and administrative agencies; and more. For a complete and detailed list of the duties, please see the job description. To obtain an employment application and/or additional information you may contact the KTTT Human Resources Department at (830) 773-2105.  New attorneys are welcome to apply.

Pueblo of Laguna

Court Prosecutor, Dept: Pueblo Courts / Prosecutor’s Office, Laguna, NM. Under administrative supervision of the Governor, presents/files criminal complaints and prosecutes individuals accused of violating ordinances of the Pueblo. This position is open until filled. For more information please see the job description.

Law Clerk, Dept: Government Affairs Office, Laguna, NM. Under direct supervision of the Government Affairs Director and/or In-House Attorney, the Law Clerk assists in all aspects of legal services including performing legal analysis, researching and preparing legal files and documents. Closing date for application is June 14, 2019. For more information please see the job description.

Associate Prosecutor, Dept: Pueblo Courts / Prosecutor’s Office, Laguna, NM. Under general administrative direction of the Court Prosecutor, presents/files criminal complaints and prosecutes individuals accused of violating criminal laws. For more information please see the job description. Closing date for application is June 19, 2019.

 

See posts from June 7, 2019.

If you have submitted a job posting that was not included in this announcement, please send the posting to indigenous@law.msu.edu in the format requested above. We ask this in response to the dozens of job announcements that are sent to Turtle Talk each week. Thanks!