Bethany C. Sullivan & Jennifer L. Turner on Carcieri

Matthew L.M. Fletcher

Bethany C. Sullivan and Jennifer L. Turner have published “Enough Is Enough: Ten Years of Carcieri v. Salazar” in the Public Land & Resources Law Review. Here is the abstract:

Ten years ago, the United States Supreme Court issued its watershed decision in Carcieri v. Salazar, landing a gut punch to Indian country. Through that decision, the Supreme Court upended decades of Department of the Interior regulations, policy, and practice related to the eligibility of all federally recognized tribes for the restoration of tribal homelands through the Indian Reorganization Act (IRA) of 1934. The Court held that tribes must demonstrate that they were “under federal jurisdiction” in 1934 to qualify for land into trust under the first definition of “Indian” in the IRA. Carcieri has impacted all tribes by upending the land-into-trust process and requiring tribes (and Interior) to spend scant resources to establish statutory authority for trust land acquisitions, a burdensome task that had previously been straight forward. In addition, Carcieri has complicated, if not prevented altogether, trust acquisition for tribes who face difficulty in making the requisite jurisdictional showing. 

This Article provides the first comprehensive analysis of the last ten years of Indian law and policy that have unfurled from the Supreme Court’s decision. It describes how Carcieri has been weaponized by states, local governments, citizens’ groups, individuals, corporations, and even other tribes, to challenge the exercise of tribal sovereignty through the acquisition of tribal lands, and, at times, the very existence of Indian tribes. This Article details the litigation that has since ballooned, illustrating the dangerous scope creep of Carcieri, while categorizing and evaluating the underlying claims. It also looks to the future, and concludes that, while unlikely, a universal, clean congressional fix is the only real solution. The last ten years of litigation, hearings, and never-ending debate demonstrate that Carcieri is not a constructive or appropriate framework for resolving larger policy questions about the land-into-trust process. Finally, the Article ends by providing practice tips for tribes navigating the current Carcieri landscape.

California SCT & COA Materials in Huber Tax Case

Matthew L.M. Fletcher

Here are the materials in Huber v. People ex rel. Becerra (Cal.):

Huber-Navarro-Petition-for-Review-04-Apr-Apr-2019-STAMPED

And in People ex rel. Becerra v. Huber (Cal. Ct. App.) [we posted materials here]:

Navarro-Appellant’s-Opening-Supplemental-Brief-15-Nov-2018-FILE-STAMPED

Navarro-Appellant’s-Petition-for-Rehearing-09-Oct-2018-FILE-STAMPED

Navarro-Appellant’s-Supplemental-Reply-Brief-06-Dec-2018-FILE-STAMPED

Transfer to Tribal Court [ICWA] Decision out of New York

Kate Fort

Opinion here

The child’s attorney opposed the transfer, and the appellate court supported the decision of the Family Court to transfer to the tribe.

Native American Indian Court Judges Association (NAICJA) 50th Anniversary Conference

Neoshia Roemer

This year marks NAICJA’s 50th anniversary. Please join NAICJA at its conference October 16-18, 2019 to celebrate its anniversary! More information here.

Federal Court Excuses Insurance Company from Tribal Court Jurisdiction

Matthew L.M. Fletcher

Here are the materials in Employers Mutual Casualty Company v. Branch (D. Ariz.):

1 Complaint

1-2 Coconino County Court Materials

15 EMCC MSJ

22 Navajo MSJ

25 EMCC Reply

28 Navajo Reply

32 DCT Order

Comanche Nation of Oklahoma v. Bernhardt Cert Petition [Chickasaw Gaming]

Matthew L.M. Fletcher

Here is the petition captioned Comanche Nation of Oklahoma v. Zinke [but presumably will switch to Comanche Nation of Oklahoma v. Bernhardt]:

Companche v Zinke Cert Petition

Question presented:

Whether the “former reservation” exception permitting lands acquired by the United States in trust for an Oklahoma Tribe after the effective date of the Indian Gaming Regulatory Act of 1988 to be devoted to gaming purposes, is applicable to lands not subject to Tribal jurisdiction prior to the acquisition.

Lower court materials here.

Materials in Pacheco v. Geisen [Kewa Pueblo; ICRA Habeas]

Matthew L.M. Fletcher

Here are the materials in Pacheco v. Geisen (D.N.M.):

1 Habeas Petition

15 Amended Petition

20 answer

22 Petitioner’s Response

25 Reply

28 Petitioner’s Surreply

30 Magistrate Order on 20

31 Order to Show Cause

34 Petitioner’s Response to 31

45 Order to Show Cause

47 Magistrate Report

48 DCT Order

Petoskey News-Review: “From Harbor to Austria: Odawa art survives, on display in museum”

Matthew L.M. Fletcher

Here.

NYTs: “‘As Native Americans, We Are in a Constant State of Mourning’”

Matthew L.M. Fletcher

Here.

Friday Job Announcements

Monica Williamson

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

 

Michigan State University College of Law

Assistant Director for Career Development, The Career Services Office (CSO), East Lansing, MI. CSO assists students with identifying professional opportunities, building relationships with alumni and employers, and developing application materials. Please see the job description for more information.  The deadline for applications is Friday, April 19, 2019.  Here is a link to the job posting:  https://www.law.msu.edu/hr/job-postings.html

Odawi Law PLLC

Associate Attorney, Washington D.C. Provide legal services to American Indian nations and tribes on a wide range of matters focused on promotion and protection of tribal sovereignty and self-determination, including Business Development, Intergovernmental Relations, Lands, Natural Resources, Taxation issues, Litigation and Expert Witness Support, and Policy Analysis. For more information please see the job description. The application deadline is April 13, 2019, however, the position will remain open until filled.

Kickapoo Traditional Tribe of Texas

Executive Director, Gaming Commission, Eagle Pass, TX. Responsible for overseeing the day-to-day operations of the Gaming Commission, including implementation and enforcement of the rules and regulations promulgated by the Tribal Commission. Fill out an application at: kickapootexas.org.

Tunica-Biloxi

Housing Director, Marksville, LA. Manage the operations of the housing program by directing and coordinating activities consistent with the established goals, objectives and policies of the Indian Housing Plan (IHP), and any other funding sources. For more information please see the job description.

Attorney General, Marksville, LA. This position is responsible for protecting all Tribal assets, defending the integrity of the Tribe, assisting and advising all Tribal entities in their pursuit of progress on behalf of Tribal members, and managing and providing legal services and representation to the Tribe, its Tribal Council, its Tribal Government, and its Tribal Entities. For more information please see the job description.

Cowlitz Indian Tribe

Legal Extern, Ridgefield, WA. The Legal Extern will work in the Cowlitz Legal Department and will assist the Department with preparing and reviewing contracts, legal documents, codes and ordinances. The Legal Extern will perform legal research and writing to assist the Department in its role representing and advising the Cowlitz Indian Tribe. Applications will be reviewed on a rolling basis and the  position will remain open until filled. See the job description for more information.

Pyramid Lake Paiute Tribe

Request for Proposal, Nixon, NV. This RFP is to contract for legal services to be provided for the period June 2019 to June 2020. Proposals must be submitted by 4:30 pm on April 26, 2019. See the request for more information.

Michigan Indian Legal Services (MILS)

Attorney, Traverse City, MI. The position will have an emphasis on will drafting, simple estate planning, and handling probate issues in communities in northern Michigan and in the upper peninsula. For more information please see the job description.

Martha L. King, P.C

Associate Attorney, Albuquerque, NM. We are a peer-rated professional services law firm providing business law services to tribal entities. Requirements: law degree from accredited law school, licensure or willing to become licensed in New Mexico or Arizona and the Navajo Nation; experience in business law, corporations, and employment law; strong writing and analytical skills; and driven by a sincere desire to make a lasting impact in and out of Indian country. Please submit: cover letter, résumé, law school transcript, list of three (3) references, and writing sample to martha@marthakinglaw.com.

Center for Indian Country Development

Project Manager/Senior Project Manager, Minneapolis, MN. The CICD of the Federal Reserve Bank of Minneapolis is building its capacity to harness diverse forms of facts and knowledge in service of Native communities across the country. The incumbent will support the CICD’s mission of supporting the prosperity of Native Nations through actionable research and community collaboration. See the job description for more information.

 

See posts from March 29, 2019.