Turtle Talk

Job Announcement — Indian Law Position at South Dakota

February 8, 2019Matthew L.M. Fletcher

Tenure-Track Position in Indian Law

The University of South Dakota School of Law looks to hire an Assistant or Associate Professor, dependent upon qualifications, with expertise in the fields of Indian Law and federal courts. USD Law has both a long-standing institutional commitment to the field of Indian Law, as well as an Indian Law program on which it hopes to build.

This position is on the tenure track and will start at the beginning of the 2019-2020 academic year. The successful candidate will teach our Indian Law and Federal Jurisdiction courses; the remainder of the course package will be subject to negotiation. Areas of potential interest include bankruptcy, insurance, intellectual property, agricultural law, and cyberlaw.

Individuals appointed to tenure-track positions are expected to fulfill the tripartite responsibilities of teaching, scholarship, and service. The successful applicant must be a licensed attorney in a United States jurisdiction (a state or the District of Columbia).

The University of South Dakota embraces and practices the values of diversity and inclusiveness. Candidates who support these values are encouraged to apply. EEO/AA

Applications must be submitted through the Board of Regents electronic employment site: https://yourfuture.sdbor.edu/. For application assistance or accommodation, call 605-677-5671. Please include your application letter, vita, and the names and addresses of three current references.

Inquiries may be directed to Tiffany C. Graham, Associate Dean of Academic Affairs, University of South Dakota School of Law, 414 East Clark Street, Vermillion, SD 57069. You may also send a message by email to Tiffany.Graham@usd.edu, or you may call at 605-658-3509.

Federal Court Dismisses Constitutional Tort Claims against Foxwoods

February 8, 2019February 8, 2019Matthew L.M. Fletcher

Here are the materials in Edwards v. Foxwoods Resort Casino (E.D. N.Y.):

1-1 Complaint

9-1 Motion to Dismiss

11 Opposition

12 Reply

13 DCT Order

Wisconsin ILSA Annual Conference — March 9, 2019

February 7, 2019Matthew L.M. Fletcher

Here:

ILSASavetheDate

D.C. District Court Transfers MHA Nation Suit against BLM Drilling Permit Approvals to North Dakota

February 7, 2019February 7, 2019Matthew L.M. Fletcher

Here are the materials in Mandan Hidatsa and Arikara Nation v. Dept. of Interior (D.D.C.):

1 Complaint

10 Slawson Motion to Intervene

17 DCT Order Granting 10

18 Slawson Motion to Transfer Case to DND

23 DOI Joinder to 18

27 MHA Nation Opposition to 18

30 Reply in Support of 18

31 DOI Reply in Support of 18

33 DCT Order Granting Motion to Transfer

Swinomish Indian Tribal Community v. Army Corps of Engineers Materials (so far)

February 7, 2019February 7, 2019Matthew L.M. Fletcher

Here:

1 Complaint

15 Answer

19 Taylor Shellfish Motion to Intervene

24 DCT Order Granting Intervention

The Atlantic: “Can Congress Void a Tribal Treaty Without Telling Anyone?”

February 6, 2019February 6, 2019Matthew L.M. Fletcher

Coverage of the Herrera v. Wyoming argument, here.

Neoshia Roemer on the Conflict between ICWA and the Interstate Compact on the Placement of Children

February 6, 2019Matthew L.M. Fletcher

MSU ILPC’s own Neoshia R. Roemer has published Finding Harmony or Swimming in the Void: The Unavoidable Conflict Between the Interstate Compact on the Placement of Children and the Indian Child Welfare Act. [PDF]

Here is the abstract:

The Indian Child Welfare Act is a federal statute that applies to Indian children who are at the center of child welfare proceedings. While the Indian Child Welfare Act provides numerous protections to Indian children, parents, and tribes, many of these cases play out in state courts which are also required to apply their own requisite, relevant state laws. However, sometimes friction between the Indian Child Welfare Act and state-law provisions arise where state law provisions may seem in accord with the statute but actually contradict it, such as in the case of the Interstate Compact on the Placement of Children. This Article surveys the Interstate Compact on the Placement of Children’s provisions and discusses the friction that exists between it and the Indian Child Welfare Act. Ultimately, this Article argues that because the Interstate Compact on the Placement of Children is a state administrative procedure that may alter that status of child welfare proceedings, the Indian Child Welfare Act should preempt the Compact where it is applicable.