Here:
The Atlantic: “Can Congress Void a Tribal Treaty Without Telling Anyone?”
Coverage of the Herrera v. Wyoming argument, here.
Neoshia Roemer on the Conflict between ICWA and the Interstate Compact on the Placement of Children
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.
Federal Court Allows Lacey Act Indictment of Fla. Seminole Member to Proceed [sale of alligator eggs]
Here are the materials in United States v. Turtle (M.D. Fla.):
Federal Court Dismisses Complaint Asking an Order to Force Oneida Business Committee to Hold Meeting on Per Caps
Here are the materials in Dallas v. Hill (E.D. Wis.):
WaPo: “Pundits who decry ‘tribalism’ know nothing about real tribes”
Here.
D.C. Circuit Strikes Down Tribal Rural Limitation on Broadband Lifeline Project
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.
Turtle Talk 
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