News Article on New Pokagon Justice Center

Here is “Pokagon Band starts $25M building project.”

Ninth Circuit Denies En Banc Petition in Carter v. Tahsuda

Here:

doc-78-pet-for-rehearing-denied.pdf

Case page here.

SCOTUS Denies Cert in Citizen Potawatomi Matter

Here is today’s order list.

Cert stage materials here.

Jordan Oglesby on PLSI’s 50th Class in the NM State Bar Indian Law Section’s Newsletter

Here. See “Pipeline to Tribal Sovereignty: Celebrating the Pre-Law Summer Institute’s 50th Class” beginning on page 6.

Adrea Korthase on the Definition of “Indian Child” in the Era of Assisted Reproductive Technology

Adrea Korthase has published Seminal Choices: The Definition of “Indian Child” in a Time of Assisted Reproductive Technology (Seminal Choices) in the Journal of the American Academy of Matrimonial Lawyers.
HIGHLY RECOMMENDED!

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 and a PDF job announcement to indigenous@law.msu.edu.

The Hopi Tribe

Deputy General Counsel, Kykotsmovi, AZ. The Deputy General Counsel provides professional legal counsel and representation to the Hopi Tribal government – including the legislative and executive branches of the Hopi Tribe, the administrative departments, offices and programs. Please see the job description for more information.

Chief Probation Officer, Kykotsmovi, AZ. This position is responsible for administrative management and supervision of the Probation Unit; and supervision of adult and juvenile probationers to assure adherence to court orders in support of the Hopi Tribal Court, Judicial Services. Please see the job description for more information.

Kickapoo Traditional Tribe of Texas

Staff Attorney, Eagle Pass, TX. Work with Native American individuals, families, organizations and Tribal governments in all areas of Federal Indian Law, including but not limited to, advising on issues involving jurisdiction, estate planning, trust assets, tribal governance, employment, and the Indian Child Welfare Act. May represent clients in court or before quasi-judicial or administrative agencies of government. Please see the job description for more information.

Prosecutor, Eagle Pass, TX. Prosecuting attorneys are licensed lawyers who represent KTTT in criminal cases against individuals or groups accused of illegal activity. Please see the job description for more information.

Morongo Band of Mission Indians

Request for Proposals. Soliciting competitive proposals for legal services related to intellectual property law (primarily trademark) issues affecting the Tribe. The contract term for the contemplated service will be month-to-month, with the Tribe reserving the right to discontinue use of the service upon thirty (30) days’ notice. Three (3) printed copies of the proposal should be submitted no later than 5:00pm, Friday November 9, 2018. Proposals should be addressed to the Morongo Legal Department, 12700 Pumarra Road, Banning, CA 92220. In addition to the printed copies, an electronic copy on a flash drive or delivered via email also should be submitted. Email submissions may be sent to legal@morongo-nsn.gov. Please see the description for more information.

Inn of the Mountain Gods Resort and Casino

Human Resources Director, Mescalero, NM. This position is responsible for the direction and administration of the human resource function for IMGR&C, Casino Apache and Ski Apache. In summary, the Human Resources (HR) Director oversees the implementation of Team Member development, training, employment, and internal communication; consults with management and develops programs contributing to effective organizational development and planning in areas such as team building, communication, and problem resolution, and manages Team Member Relations, Benefits, Training and Development, and Team Member Child Care. This position answers directly to the Chief Operating Officer (COO).

Sitka Tribe of Alaska

Guardian Ad Litem, Sitka AL. Part-time position to serve 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 October 17, 2018 at 4:00pm.

Ho-Chunk Nation

Staff Attorney-Law Clerk, Judiciary Branch, Black River Falls, WI. Assist Tribal Court Judges and Supreme Court Justices with legal research and the drafting of opinions in a timely manner while facilitating public access to the Court through the provision of procedural legal information. The application is open until filled. Please see the description for more information.

DNA-PEOPLE’S LEGAL SERVICES, INC.

  • Managing Attorney, Public Defender, Keams Canyon, AZ
  • Staff Attorney, Public Defender, Keams Canyon, AZ
  • Managing Attorney (Civil), Keams Canyon, AZ
  • Staff Attorney (Civil), Keams Canyon, AZ
  • Managing Attorney, Flagstaff, AZ
  • Receptionist, Flagstaff, AZ
  • MLP Attorney, Tuba City, AZ
  • Staff Attorney, Farmington, NM
  • MLP Attorney, Farmington, NM
  • Director of Litigation, Window Rock, AZ
  • Director of Information Technology, Window Rock, AZ
  • Community Outreach/Legal Education Coord. , Window Rock, AZ

APPLY: Hresources@dnalegalservices.org

Ofc: (928) 283-3206 www.dnalegalservices.org

Godfrey & Kahn

Commercial Contracts Attorney, Milwaukee, WI. Do you have experience drafting and negotiating commercial contracts and are seeking a better environment to develop your career? We are currently looking for an exceptional attorney to join the corporate team in our Milwaukee office. Please see the description for more information.

Blackfeet Tribe

In House Staff Attorney, Browning, MT. Seeking full time in-house attorney to represent the Tribe in administrative and civil proceedings in federal, state, and tribal forums. The staff attorney will primarily be responsible for general ligation matters, employment relations, legislative advocacy, and assisting tribal programs. Please see the job description for more information.

Yavapai-Apache Nation

Associate Judge, Camp Verde, AZ. The Associate Judge presides over cases before the Tribal Court and helps ensure the proper operation of Yavapai-Apache Nation Tribal Court under the supervision of the Chief Judge. Application closes 10/29/2018. Please see the job description for more information.

Oglala Sioux Tribe

In-House Counsel, Pine Ridge, S.D. The Oglala Sioux Tribe has three (3) In-House Counsel positions open. The In-House Counsel(s) will work for the OST Council, the Executive Committee and with two (2) Tribal Council Standing Committees each as listed below: Land Committee, Health and Human Services Committee, Education Committee, Economic and Business Development Committee, Law and Order Committee and Finance Committee. Salary based on experience and budget. Must have a minimum of 5 years of experience specializing in Indian Law.

Please submit:

  • Letter of Intent
  • Resume with three references
  • Certificate of Good Standing,
  • Copy of valid state bar license(s)
  • State and Federal background checks and hair follicle drug test results mailed directly from the facility to the Legal Department.

CLOSING DATE:  OCTOBER 31, 2018.

SUBMIT DOCUMENTS TO:  Lisa Cummings, OST Legal Department, PO Box 1204, Pine Ridge, SD  57770 – EMAIL: LisaC@ostlegal.org or FAX: 605-867-2140.

 

See postings from October 5, 2018.

Brookings Institute on the Separation of Families

Here

My research has failed to uncover a single example of how removing control, jurisdiction, or authority from tribal governments improves outcomes for the AIAN population. While tribal governments are not perfect by any means, it cannot be shown with any credibility that removal of tribal government authority has improved outcomes for the American Indian population – not in policing, governance, education policy, environmental protection, or civil jurisdiction – and certainly not for child welfare.

Aeon: “Native cartography: a bold mapmaking project that challenges Western notions of place”

Here.

Update: New Mexico Annual Indian Law Section CLE (DATE CHANGED!)

The Indian Law Section of the New Mexico State Bar is hosting its annual CLE on Monday, December 10 from 9am to 12:15pm. The Indian Law Section’s annual program will focus on topics that will help the Indian law practitioner on a daily basis. This program will include updates on legal developments in 2018, covering case law, statutes, regulations and executive actions. The program will also include a presentation on effective legal writing strategies and tips and cover legal ethics involved in practicing Indian law. To register, please click here.

Elizabeth Reese on the People’s Tenth Amendment

Elizabeth Reese has posted “Or to the People: Popular Sovereignty and the Power to Choose a Government,” published in the Cardozo Law Review, on SSRN.

Here is the abstract:

To protect state sovereignty, contemporary textualism has reinvigorated the Tenth Amendment as a judicially enforceable limit on federal powers. However, in casting the Tenth Amendment as the states’ rights amendment, these textualists have inexplicably glossed over the Tenth Amendment’s final four words, which reserve powers to “the people.” This Article highlights this inconsistency and argues that this omission ignores a vital structural protection against federal and state tyranny. Viewed through the same textualism that reinvigorated state sovereignty, the Tenth Amendment’s final words cannot be redundant or superfluous but rather define and protect the people as a sovereign body capable of wielding specific powers — particularly those powers that the Constitution places beyond the reach of our governments. Primarily, the Tenth Amendment protects that power which is at the heart of popular sovereignty as well as the foundation of our democracy, the power of the people to choose their government. The Tenth Amendment ought to protect popular sovereignty — as it protects state sovereignty — by serving as a source for robust judicial review of federal and state laws that infringe on popular sovereignty. Recognizing this overlooked portion of the Tenth Amendment could alter current legal doctrine surrounding voting rights by treating free, fair, and accessible elections as a matter of competing sovereign powers rather than individual voting rights. By ignoring the people in the Tenth Amendment, American jurisprudence has ignored a vital structural protection against federal and state tyranny and risked government-driven erosion of democracy in America.