Here is “An Alaskan village is falling into the sea. Washington is looking the other way.”
Stay Lifted in Kids’ Climate Trial
Here.
Alex Skibine on Foundational Principles and Limiting Principles in Federal Indian Law
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!
JoAnne Cook: “Water Is the Essence of Life”
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.
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.
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.
Federal Court Rejects Spirit Lake Tribe’s Voting Rights Effort
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.
KUOW (Seattle): “Barred from SCOTUS for wearing a headdress”
Here.
Comments Needed for Pro Hac Vice Rule Change in Wisconsin (ICWA)
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.
GTB Press Release: “Grand Traverse Band of Ottawa and Chippewa Indians Implements Authority to Prosecute All Persons, Including Non-Indians, for Domestic Violence”
Here:
Peshawbestown, MI – During a legislative session today, the Tribal Council of the Grand Traverse Band of Ottawa and Chippewa Indians (GTB) enacted amendments to the Domestic Violence Ordinance authorizing tribal police and justice officials to investigate and prosecute domestic violence crimes committed by non-Indians on tribal lands. Non-Indians who live or work on the reservation or have a marriage or dating relationship with a Native person now may be prosecuted by GTB for domestic and dating violence crimes, and for criminal violations of certain protection orders. Individuals who commit these crimes in Indian country can be arrested by tribal police, prosecuted in the Tribal Court, and sentenced to incarceration. Crimes committed outside of Indian country, between two strangers, between two non-Indians, or by a person without sufficient ties to GTB are not covered by the law.
The law guarantees substantive and procedural protections to the accused, including the rights to a jury trial, to an attorney, and to stay proceedings in the Tribal Court to petition for a writ of habeas corpus in a court of the United States.
“The epidemic of violence against Native women has worsened as a result of tribal governments’ forced reliance on distant federal officials for justice. Domestic violence demands a local solution. At long last, we have one,” said Council Chair Sam McClellan. “Tribal law enforcement officers are no longer required to obtain federal permission to arrest a non-Indian who perpetrates domestic violence against an Indian. Bad actors who assault our women are on notice: They will be prosecuted and put in jail.”
For the first time since 1978, when the U.S. Supreme Court stripped tribal governments of their criminal authority over non-Indians in Oliphant v. Suquamish Indian Tribe, the Violence Against Women Reauthorization Act of 2013 (VAWA 2013) has authorized Indian tribes to reassert a portion of their inherent governmental authority to investigate, prosecute, convict, and sentence non-Indians who commit crimes in Indian country. The legislation begins the process of eliminating a jurisdictional gap on tribal lands that has for far too long endangered Native men, women, and children by tying the hands of tribal law enforcement.
Approximately twenty tribes around the United States have implemented the jurisdiction. By adding GTB to that list, the Grand Traverse Band Tribal Council demonstrates its commitment to confronting domestic violence, and to reversing the lasting damage it inflicts on Native families.
National Indian Law Library Bulletin (10/31/2018)
Here:
The National Indian Law Library added new content to the Indian Law Bulletins on 10/31/18.
U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petition for certiorari was denied in:
White et al. v. Underwood (Taxation; Cigarettes) on 10/29/18.
Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2018.html
- Indigenous water justice.
- Montana purchase and sale issues for buyers.
- Environmental racism with a faint green glow.
- What the faction: A divisive look into the necessary revisions to the Department of Interior’s fractionated land buy-back program amongst diminishing funding.
Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2018.html
Havasupai Tribe v. Provencio (Uranium Mining; Public Lands)
Mitchell v. Tulalip Tribes of Washington (Quiet Title; Tribal Sovereign Immunity)
Pueblo of Jemez v. United States (Aboriginal Title)
State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2018.html
In re Adoption of Micah H. (Indian Child Welfare Act – Active Efforts)
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Land and Water section, we feature an article relating to a tax case being argued before the US Supreme Court.
U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bill was added:
H.R.7087: Ohio River Basin Preparedness Act.
Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2018.html
We feature a proposed rule of the Environmental Protection Agency regarding redesignating Indian lands in the State of Washington to Class I under the Clean Air Act.
Turtle Talk 
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