In Texas v. Zinke, the ICWA case in the northern district of Texas, the district court judge denied the four intervening defendant tribes’ motion to stay the decision. There has been no stay request filed in the Fifth Circuit nor a notice of appeal.
Navajo Nation filed a motion to intervene for the purpose of appeal.
Statement from Partnership for Native Children explaining the stay is here.
Here is “Trudeau apologizes to B.C. Indigenous community for 1864 hanging of chiefs.”
Here is “An Alaskan village is falling into the sea. Washington is looking the other way.”
Here.
Alex Skibine has posted his paper “From Foundational Law to Limiting Principles in Federal Indian Law,” forthcoming in the Montana Law Review as part of the 2018 Browning. The abstract:
In this Article, I am arguing that one of the reasons animating the Court’s move away from Justice Marshall’s exceptionalism is its fear that under traditional foundational principles of federal Indian law, Indian tribes may gain what the court subjectively perceives to be “unfair” advantages over non-Indians. Therefore, the Court has been looking for limiting principles tending to achieve level playing fields between tribal and non-tribal actors. This Article also argues, however, that while looking for a level playing field may sound like a worthwhile goal, there are many pitfalls involved in this process that may end up hurting tribal sovereign interests.
Highly recommended!
Here, on the FLOW site.
An excerpt:
The Anishinaabek, who are the Indigenous people from the Great Lakes area, are born with an innate sense of our connection to everything around us. We feel the connection between us and all things in creation, whether it’s people, plants, or animals. We feel it in everything that is part of our Mother, the Earth. There is knowledge about creation and how it fits together and in balance. It isn’t easily expressed into words, as it is a way of thinking and being. We, the Anishinaabek, understand that living in balance with all things is what we seek. As caretakers of the Earth, we use what we need and strive to ensure it is there for the next seven generations.
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 and a PDF job announcement to indigenous@law.msu.edu.
Sitka Tribe of Alaska
Guardian Ad Litem, Sitka, AL. This part-time position serves as a resource for the Tribal Court. Interested individuals must submit a letter of interest, resume, and three references. The letter of interest should include a proposed hourly rate and should illustrate the individual’s background and interest in Sitka native culture. Must have comprehensive familiarity and cultural competency with traditions and values. Must be able to pass a criminal background check. For a full job description, questions or to apply; contact Kathy Mathews at 907-747-7178, via e-mail at Kathy.mathews@sitkatribe-nsn.gov, or mail to 456 Katlian Street, Sitka, Alaska 99835, Attn: Kathy Mathews. Deadline for applications is November 9, 2018 at 4:00pm.
Judicial Branch of the Navajo Nation
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. Deadline for applications is November 9, 2018 at 5:00 p.m. (MST).
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. Deadline for applications is November 9, 2018 at 5:00 p.m. (MST).
Staff Attorney, Widow Rock Judicial District Court, Window Rock, AZ. The Staff Attorney performs work of considerable difficulty in providing complex legal advice and guidance; conducts legal research and drafts legal documents in support of the judges, court solicitor and court administrators; undertakes special projects for the Judicial Branch. For more information, please see the position description or to apply, visit http://www.navajocourts.org. Deadline for applications is November 9, 2018 at 5:00 p.m. (MST).
Human Resources Director, Administrative Offices of the Courts, Window Rock, AZ. This position is responsible for the direction and administration of the human resources function for the Navajo Nation Judicial Branch. In summary, the Human Resources (HR) Director oversees the implementation of policies, organizational development, compensation, benefits, performance management, performance evaluation, employee relations, recruitment, and retention in compliance with all Navajo Nation laws, Judicial Branch Personnel Policies, and Personnel Policies for Judges and Justices. For more information, please see the position description or to apply, visit http://www.navajocourts.org. Deadline for applications is November 9, 2018 at 5:00 p.m. (MST).
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.
The Lower Elwha Klallam Tribe
Public Defender, Port Angeles, WA. Essential duties and responsibilities of the Public Defender include representing defendants in adult criminal cases; Representing youth in delinquency and status offense cases; Representing parents or other legal custodians in child dependency cases; Representing Elwha Tribal members in contested traffic, housing, and civil regulatory cases; and more. Please see the job description for more information. This position is open until filled.
Hobbs, Straus, Dean & Walker, LLP
2019 Summer Law Clerk Program, Washington D.C. Hobbs Straus specializes in Federal Indian Law and has worked for over 35 years to realize positive change in Indian Country. Our attorneys are dedicated to promoting and defending tribal rights, expanding opportunities for tribes, and improving the lives of American Indians and Alaska Natives. Please see the job description for more information.
Kalispel Tribe of Indians
Contract and Intellectual Property Staff Attorney, Usk and Airway Heights, WA. The Staff Attorney provides legal representation to the Kalispel Tribe of Indians including governmental departments and enterprises in the areas of contracts, grants and intellectual property. To apply, click here. For more information, please see the position description.
See posts from October 26, 2018.
Here are the materials in Spirit Lake Tribe v. Jaeger (D. N.D.):
Doc. 33 Order Denying Plaintiffs’ Motion for Temporary Restraining Order 2018.11.01 (00196925x9D7F5)
Complaint here.
Here.
Rule here.
Letter regarding the rule: 18-04-Ltr to Interested Persons.
Comments due by November 29.
Any comment to the rule petition should be filed by November 29, 2018, with the Clerk of Supreme Court, Attention: Deputy Clerk-Rules, P.O. Box 1688, Madison, WI 53701-1688. If possible, email a Microsoft Word version of your response to clerk@wicourts.gov. See comment guidelines at the court’s website at https://www.wicourts.gov/scrules/petitioncomment.htm.
Turtle Talk 
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