Here are the orders in Little Traverse Bay Bands of Odawa Indians v. Whitmer (W.D. Mich.):
554 dct order on defendants’ motion
555 dct order on tribe’s motion
Materials here.
Call for Applications Open for NCJFCJ’s Implementation Sites Project
The National Council of Juvenile and Family Court Judges (NCJFCJ) is pleased to invite applicants from state and tribal dependency court(s) to apply to participate in the Implementation Site Project.
The NCJFCJ, with funding from the Office of Juvenile Justice and Delinquency Prevention (OJJDP), has been partnering with courts across the country since 1992 to improve outcomes for abused and neglected children and their families. The NCJFCJ will be selecting six (6) sites to participate in the project. There is no direct funding available to participating sites. However, the six sites that are selected will receive training, technical assistance, and support from NCJFCJ staff. The six courts will join 21 other state and tribal jurisdictions that are currently part of the project.
The six (6) selected implementation sites will receive individualized assessments, training, and technical assistance as they seek to implement the principles and recommendations set forth in the Enhanced Resource Guidelines and work toward improving practices and outcomes. As part of this effort, the new Implementation Sites will be expected to be “laboratories for change” as they will be participating in an ongoing assessment of their performance and they will be expected to share their results with the NCJFCJ and other sites in order to inform and sustain a larger system improvement effort.
For more information and to apply, see the call for applications.
Michigan Governor’s Office of Legal Counsel — Summer Clerkship Program [Feb. 22, 2019 deadline]
Summer Clerkship Program
Office of Legal Counsel
Office of the Governor, State of Michigan
Description: Lawyers in the Office of Legal Counsel serve as the Governor’s attorneys, providing analysis and advice on all legal and policy issues that involve the Governor. This includes a wide array of functions, including interpreting federal and state laws, advising the Governor and senior staff on legislation that may impact the powers and authorities of the Governor and the Governor’s office, and serving as the Governor’s lead advocate on litigation involving the Governor’s office and state agencies.
Law Clerks may assist attorneys in the Office of Legal Counsel with the following:
• Reviewing major litigation;
• Monitoring, researching, and drafting legislation;
• Researching and drafting Executive Orders and Executive Directives;
• Reviewing and advising on extradition, clemency, and other criminal matters and ethics issues; and
• Representing and advising the Governor in tribal-state relations
Candidates who have completed their first or second year of law school will be selected based on the following criteria:
• Exceptional legal research, writing, and communication skills;
• Ability to work in a fast-paced environment; and
• Ability to respond to a variety of legal issues that arise daily, requiring quick research, analysis, and response
Instructions for Applicants:
Applicants should send a resume, cover letter, transcript, writing sample, and one letter of recommendation by mail or email to the address below. The deadline for applications is February 22, 2019.
Wenona Singel
Deputy Legal Counsel
Office of the Governor, State of Michigan
George W. Romney Building
111 S. Capitol Avenue
Lansing, MI 48909
GAO Report: “Interior Should Address Factors Hindering Tribal Administration of Federal Programs”
Here.
King Mountain Tobacco v. US Cert Petition
Here:
Questions presented:
1. Whether the Ninth Circuit erred in holding that the Yakama Treaty must include express exemptive language” to create an exemption from a federal tax or fee.
2. Whether the Ninth Circuit erred in holding that the federal tobacco excise tax, 26 U.S.C. § 5701-5703, and the Fair and Equitable Tobacco Reform Act (“FETRA”), 7 U.S.C. § 518-519, apply to the Yakama Indians even though (1) the Yakama Treaty creates a right to travel in order to protect the Yakama Indians’ ability to trade and (2) these taxes and fees are triggered by the transport of goods – rather than by sale or manufacture.
Lower court materials here. Case tag here.
Update:
Mitchell v. Tulalip Tribes Cert Petition
Here:
UPDATE:
Question presented:
Does sovereign immunity bar the federal courts’ consideration of a declaratory judgment action to determine whether Respondent Tribes can exercise regulatory/taxing authority over real property owned in fee by Petitioners non-Indians, pursuant to allotments that were authorized by the Tribes’ treaty with the United States?
Lower court materials here.
2019 Spokane County Bar Indian Law Section Annual Conference Agenda
Letter to the Editor from an “Orca”
Actually by Tribal Attorney and Yakama member Jack Fiander but drawing parallels to the orcas’ experience. Here.
Ninth Circuit Rejects Tribe’s Effort to Avoid Possessory Interest Tax (again)
Here is the unpublished opinion in Agua Caliente Band of Cahuilla Indians v. Riverside County. An excerpt:
In Agua Caliente Band of Mission Indians v. County of Riverside, 442 F.2d 1184 (9th Cir. 1971), we held that this very tax is permissible. Plaintiff argues that our cursory preemption analysis there is clearly irreconcilable with White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980), and therefore not controlling. See Miller v. Gammie, 335 F.3d 889, 893 (9th Cir. 2003) (en banc) (permitting a three-judge panel to depart from circuit precedent if, but only if, that precedent is clearly irreconcilable with a later Supreme Court or en banc decision). We disagree.
Materials are here.
Upper Lake, CA – Tribal and State Jurisdiction Training
Click here for an agenda overview.
Turtle Talk 
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