Here is the opinion in National Lifeline Association v. FCC.
Briefs:
CNN: “European colonizers killed so many Native Americans that it changed the global climate, researchers say”
Here.
Friday Job Announcements
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 a brief description of the position (which includes position title and location) as well as a PDF job announcement to indigenous@law.msu.edu.
Cheyenne River Economic Development Corporation (CREDCO)
Executive Director, central South Dakota. Applicants can expect duties including performing a variety of administrative, technical, and professional work in preparation and implementation of economic and community development plans, programs, and services; Directing economic development initiatives to achieve the goals and objectives outline by the Comprehensive Economic Development Strategy (“CEDS”) guided by CREDCO; and more. Application closes February 15, 2019. For more information please see the job description.
Comanche Nation
Request for Proposals for Chief Appellate Judge, Lawton, OK. Inviting proposals for interested Comanche Nation tribal members to contract with the Nation to provide judicial services. Scope of cases are juvenile, Civil, and Criminal Appeals under Comanche Nation Tribal Codes as well as Direct Jurisdiction under the Comanche Nation Constitution. The Chief Appellate Judge must be an enrolled Comanche tribal member. The vacancy closes February 8, 2019. Please see the RFP for more information.
Colorado Commission of Indian Affairs (CCIA)
Executive Director, Office of the Lieutenant Governor, Denver, CO. The CCIA is the official liaison between the State of Colorado, the Ute Mountain Ute Tribe, and the Southern Ute Indian Tribe. The Commission also works with the other 46 Historic Tribes of Colorado on a government-to-government basis and maintains contact with Colorado’s urban American Indian/Alaska Native communities. Application closes February 19, 2019. Click here for a detailed job description and to access the online application.
Hoopa Valley Tribal Court
Request for Qualifications, Northern California, 95546.The Hoopa Valley Tribal Court intends to address the immediate and long-term needs of crime victims that best match each person’s needs and priorities. Seeking contractual attorneys to establish victim services program policies and procedures, and to provide legal assistance services for victims and survivors within the jurisdictional boundaries of the Hoopa Valley Tribe. The RFQ is due February 7, 2019.
Tohono O’odham Nation
Attorney General, Sells, AZ. The AG provides legal advice and representation to all officials, agencies, departments, divisions and branches of the Tohono O’odham Nation. The attorney general represents the Nation in all legal proceedings, and in other matters that affect the legal interests of the Nation; advises senior management and tribal officials; and supervises assistant attorneys general and contract attorneys. Please see the job description or visit this link for more information. Application closes February 1, 2019.
Colorado River Indian Tribe
Legal Aid Director, Parker, AZ. This position entails client contact, attorney, administrative, and supervisor duties. Interested applicants should send the following: (1) completed CRIT Employment Application (2) a letter of intent (include State Bar License Number), (3) resume/curriculum-vitae, (4) any recommendations, (5) any writing samples, (6) and/or copies of certifications to the listed address: http://crit-nsn.gov/crit_contents/notices/ .
Navajo Nation
Attorney, Department of Justice, Office of the Prosecutor, Kayenta, AZ. New law school applicants as well as experienced attorneys are encouraged to apply. Please see the job announcement and the Navajo Nation Department of Personnel Management website http://www.dpm.navajo-nsn.gov/jobs.html for more information. Please contact Mrs. Jennifer Henry, Acting Deputy Chief Prosecutor for further information at jahenry@navajo-nsn.gov. This position has a closing date of 3/06/2019.
Attorney, Department of Justice, Office of the Prosecutor, Tuba City, AZ. This position serves at the pleasure of the Chief Prosecutor of the Navajo Nation. New law school applicants as well as experienced attorneys are encouraged to apply. Please see the job announcement and the Navajo Nation Department of Personnel Management website http://www.dpm.navajo-nsn.gov/jobs.html for more information. Please contact Mrs. Jennifer Henry, Acting Deputy Chief Prosecutor for further information at jahenry@navajo-nsn.gov. This position has a closing date of 3/11/2019.
Associate Attorney, Supreme Court of the Navajo Nation, Window Rock, AZ. This position provides a variety of legal advice, research and related legal services in support of the overall operation of the Navajo Nation Judicial Branch; assists with judicial administrative functions, such as researching and recommending policy changes and improvements for overall Judicial Branch. For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.
Court Solicitor, Supreme Court of the Navajo Nation, Window Rock, AZ. This position provides a variety of legal advice, counseling, research and related legal services in support of the overall operation of the Navajo Nation Judicial Branch; assists with judicial administrative functions, such as recommending policy changes and improvements for overall Judicial Branch; shall supervise and oversee all licensed attorneys, law clerk, hearing officers, supreme court clerk, and law clerk interns of the Judicial Branch. For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.
District Court Judge, Judicial District Court, Navajo Nation Wide. The District Court Judge is responsible in presiding over civil, criminal and family court cases; provides policy direction and guidance in the operation of the Judicial District. For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.
Associate Justice, Supreme Court of the Navajo Nation, Window Rock, AZ. This position shall perform work of unusual difficulty, hear arguments, read briefs and conduct research necessary to pass judgment and issue rulings on cases brought before the Navajo Nation Supreme Court. For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.
See posts from January 25, 2019.
National Indian Law Library Bulletin (1/31/2019)
Here:
The National Indian Law Library added new content to the Indian Law Bulletins on 1/31/19.
U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petitions for certiorari were filed recently in:
King Mountain Tobacco Company, Inc. v. United States (Tobacco; Federal Taxation)
Mitchell, et al. v. Tulalip Tribes of Washington (Tribal Authority to Tax)
Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Agua Caliente Band of Cahuilla Indians v. Riverside County (Indian Trust Lands – Possessory Interest Tax)
Stillaguamish Tribe of Indians v. Washington (Jurisdiction; Tribal Sovereign Immunity)
United States of America v. Merle Denezpi (Double Jeopardy)
Winnemucca Indian Colony v. United States of America, Department of the Interior (Attorneys’ Fees; Equal Access to Justice Act)
State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
In re Interest of Audrey T. (Indian Child Welfare Act – Expert Witnesses)
Chemehuevi Indian Tribe v. Mullally (Attorneys’ Fees)
In re Interest of Mercedes L. (Indian Child Welfare Act – Application of)
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
- Accessing traditional Kipuka: Protecting the storehouse of knowledge through the rule of law.
- Stolen or lawful? A case review of an Indian tribe’s claim to aboriginal land in California.
- A clash between culture and law: A comparative look at the conflict between quiet title actions in Hawaii, the Kuleana Act of 1850, and the displacement of Indigenous people.
- Best interest of the child.
- Beyond VAWA: Protecting Native Women from sexual violence within existing tribal jurisdictional structures.
- Agency pragmatism in addressing law’s failure: The curious case of federal “deemed approvals” of tribal-state gaming compacts.
- America’s big league national monuments: Can President Trump make them smaller?
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Economic Development section, we feature an article about proposed legislation in Arizona restricting sports betting to tribal gaming facilities.
U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were introduced:
- S.207: A bill to enhance tribal road safety, and for other purposes.
- S.209: A bill to amend the Indian Self-Determination and Education Assistance Act to provide further self-governance by Indian Tribes, and for other purposes.
- S.210: A bill to amend the Tribal Law and Order Act of 2010 and the Indian Law Enforcement Reform Act to provide for advancement in public safety services to Indian communities, and for other purposes.
- S.211: A bill to amend the Victims Crime Act of 1984 to secure urgent resources vital to Indian victims of crime, and for other purposes.
- S.212: A bill to amend the Native American Business Development, Trade Promotion, and Tourism Act of 2000, the Buy Indian Act, and the Native American Programs Act of 1974 to provide industry and economic development opportunities to Indian communities.
- S.216: A bill to provide for equitable compensation to the Spokane Tribe of Indians of the Spokane Reservation for the use of tribal land for the production of hydropower by the Grand Coulee Dam, and for other purposes.
- S.224: A bill to provide for the conveyance of certain property to the Tanana Tribal Council located in Tanana, Alaska, and to the Bristol Bay Area Health Corporation located in Dillingham, Alaska, and for other purposes.
- S.227: A bill to direct the Attorney General to review, revise, and develop law enforcement and justice protocols appropriate to address missing and murdered Indians, and for other purposes.
- S.229: A bill to provide advance appropriations authority for certain accounts of the Bureau of Indian Affairs and Bureau of Indian Education of the Department of the Interior and the Indian Health Service of the Department of Health and Human Services, and for other purposes.
- S.256: A bill to amend the Native American Programs Act of 1974 to provide flexibility and reauthorization to ensure the survival and continuing vitality of Native American languages.
- S.257: A bill to provide for rental assistance for homeless or at-risk Indian veterans, and for other purposes.
- H.R.729: To amend the Coastal Zone Management Act of 1972 to authorize grants to Indian Tribes to further achievement of Tribal coastal zone objectives, and for other purposes.
- H.R.779: To clarify the rights of Indians and Indian tribes on Indian lands under the National Labor Relations Act.
- H.R.773: To provide for the transfer of certain Federal land in the State of Minnesota for the benefit of the Leech Lake Band of Ojibwe.
- H.R.759: To restore an opportunity for tribal economic development on terms that are equal and fair, and for other purposes.
H.R.871: To expand the boundaries of the Bears Ears National Monument, to ensure prompt engagement with the Bears Ears Commission and prompt implementation of the Proclamation establishing the Bears Ears National Monument, and for other purposes.
Federal Court Rejects Counties/Cities & Tribe’s Motions in LTBB Reservation Boundaries Case
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.
Turtle Talk 
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