National Indian Law Library Bulletin (12/12/2018)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 12/12/18.

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

  • Don’t take me out to that ballpark: State action, government speech, and Chief Wahoo after Matal.
  • “Mining” on Indian land: It’s not what you think.
  • Native American tribal appellate courts: Underestimated and overlooked.
  • Was Allergan’s patent-housing agreement in exchange for sovereign immunity a “sham to subvert the existing intellectual property system”?

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2018.html
Seminole Tribe of Florida v. Biegalski (Doctrine of Claim Preclusion; State Taxation; Utilities)
Guardado v. Nevada (Prisoner Rights)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2018.html
Everi Payments, INC. v. Washington State Department of Revenue (Business and Occupational (B&O) Tax Refund – Agency Law)

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Environment & Energy section, we feature an article about how the United Nations will scale up consideration of the experiences of indigenous peoples with climate change and efforts to respond to it.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2018.html
We feature a notice of the Department of the Interior, Bureau of Indian Affairs, regarding land acquisition for the Dry Creek Rancheria Band of Pomo Indians, California.

Cayuga Indian Nation Prevails in Tax Immunity Dispute with Seneca County

Here are the materials in the long-running Cayuga Indian Nation v. Seneca County (W.D. N.Y.):

58 Cayuga Motion for Summary Judgment

60-5 Seneca County MSJ

62 Cayuga Reply

67 Seneca County Reply

76 DCT Order

Prior posts here.

Pathways to the Legal Profession

Pathways to the Legal Profession:  Identifying, Advising, and Supporting Native American Pre-Law Students

February 5-6, 2019 at the Isleta Resort and Casino, Pueblo of Isleta, New Mexico

PLSI 2019 Conference_SavetheDate

The American Indian Law Center, Inc. and the Native American Pipeline to Law Initiative are pleased to announce that registration is open for our Pre-Law Advisors Training.  This training is designed for advisors to Native American pre-law students- this includes Native Studies educators, tribal educators, pre-law advisors, or those who may work with Native students and may direct them to law school.

The registration fee is waived for representatives from Tribal Education Departments, Tribal Colleges and Universities, and schools with Native American student enrollment.  A limited number of travel reimbursements are still available.  Details on the reimbursement, lodging, and the schedule are provided on the registration webpage.

Registration

Topics include:

  • The Need for Native Attorneys
  • Identifying Native Students for Law School
  • The Nuts and Bolts of the Law School Application
  • Advising on Personal Statements, Resume Writing, and Supplemental Statements
  • Financing a Law School Education
  • LSAT Overview
  • Mock Law School Application Overview
  • Advising on Law School Selection

Please email Rodina Cave Parnall, Pre-Law Summer Institute Director, with questions. caveparnall@law.unm.edu

Ninth Circuit Decides California Valley Miwok Tribe v. Zinke

Here is the unpublished opinion.

Briefs here.

Oral argument video here.

Lower court materials here.

Washington COA Rejects Tribal Vendor’s Tax Assessment Challenge

Here are the materials in Everi Payments Inc. v. Washington State Dept Of Revenue:

507919 Appellant’s Brief

507919 Respondent’s Brief

507919 Reply Brief

D2 50791-9-II Published Opinion

Lower court materials here.

Eighth Circuit Briefs in Flandreau Santee Sioux Tribe v. Sattgast

Here:

Appellant Brief

Appellee Brief

Reply

Lower court materials here.

 

Tenth Circuit Briefs in Caddo Nation of Oklahoma v. Wichita and Affiliated Tribes II

Here:

Appellant Brief

Response Brief

Reply

Case tag here.

Eleventh Circuit Rejects Seminole Tax Claims on Claim Preclusion Grounds

Here is the unpublished opinion:

Opinion

Here is an excerpt:

The question in this appeal is whether the doctrine of claim preclusion bars the Seminole Tribe of Florida (the “Tribe”) from again challenging the imposition of a Florida state tax on utility services, which the Tribe uses to conduct on reservation activities that are regulated by federal law. Concluding that the requirements of claim preclusion have been met and that no exception to the doctrine applies, we affirm the district court’s dismissal with prejudice of the Tribe’s complaint.

Briefs here.

Federal Court Confirms Conviction of Several for Witness Retaliation in Hunkpati Investments Fraud

Here are the materials in United States v. Columbe (D.S.D.):

2 Redacted Indictment

234 DCT Order

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.

Interior Board of Indian Appeals

Attorney-Adviser, Arlington, VA.  The Interior Board of Indian Appeals (IBIA), Office of Hearings and Appeals, U.S. Department of the Interior, is currently soliciting applications from highly qualified individuals to serve as IBIA’s staff attorney.  For more information please see the attached job description or visit: https://www.usajobs.gov/GetJob/ViewDetails/517311600.  Application closes December 19, 2018.

Match-e-be-nash-she-wish Band of Pottawatomi Indians

Tribal Prosecutor, Shelbyville, MI. This position will prosecute violations of Tribal law, consistent with principles of Tribal Sovereignty. The Prosecutor will represent the Tribe in all hearings related to his/her specific job duties before the Gun Lake Tribal Court, will present information in a manner consistent with ethical standards of justice and will perform his/her job duties in accordance with the laws of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians. Application closes December 13, 2018.

Alaska Legal Services Corp.

Native Law Staff Attorney, Fairbanks, Alaska. This position provides direct representation to Tanana Chiefs Conference member Tribes and tribal members. The attorney will primarily represent tribal clients in proceedings related to the Indian Child Welfare Act (“ICWA”), but will litigate other Native law and civil matters on behalf of TCC Tribes and tribal members in state court, and may provide advice to Tribal clients on issues under tribal law. Position to start in January 2019, and is open until filled. See attached job description, or visit https://www.alsc-law.org/job-opportunities/ for more information. Resume, writing sample, and references should be sent to ppickett@alsc-law.org.

Nevada Legal Services

Indian Law Program Staff Attorney, Elko, NV.  Nevada Legal Services is a statewide non-profit that provides free legal assistance to low income Nevadans. The Indian Law Program is based out of our Reno office and serves the 27 Native American tribes and colonies within the State of Nevada. The Program provides a wide range of services to both tribal members and tribal governments based upon the needs expressed by each community. In that capacity, the Program acts as public defender in a number of tribal jurisdictions and also serves as counsel to the Inter-Tribal Council of Nevada. Frequent travel throughout Nevada, including overnight stays, is required.

This is a full-time position. Benefits include paid sick and vacation time; paid medical, dental, vision and life insurance.

Requirements:Applicants should be licensed to practice in Nevada or in another state and eligible for admission pursuant to Supreme Court Rule 72.1.  Experience with criminal defense highly preferred as well as knowledge of federal Indian law or tribal law.

If interested in the position, please send a resume and letter of interest to our HR administrator, Roberta O’Hara, rohara@nlslaw.net.

Michigan Indian Legal Services

Summer Legal Interns/Externs, Traverse City, MI and Southwest MI. Michigan Indian Legal Services (MILS), a statewide provider of free legal services to low income Indians and Indian tribes, seeks three summer legal interns/externs. One position will be based out of tribal offices in Southwestern Michigan and assist an attorney providing on-site services to tribal members. One intern in the Traverse City office will focus on two tribal domestic violence/human trafficking projects. One intern in the Traverse City office will provide direct assistance to clients under the supervision of two attorneys. For more information please see the position description.

Staff Attorney, Traverse City, MI. This position will focus on tribal and state law legal issues; with an emphasis on tribal court child welfare and criminal defense matters. This position will require overnight travel in the Upper Peninsula. The ideal applicants will be licensed to practice law in Michigan or eligible to be admitted by waiver and have three plus years relevant litigation experience. Please see the description for more information.

Staff Attorney, Southwest MI. The ideal applicant will be licensed to practice law in Michigan or eligible to be admitted by waiver and have three to five years relevant experience. Applicants must possess both written and oral advocacy skills as well as a demonstrated commitment to protecting the rights of American Indians. MILS will accept applications from candidates with all levels of experience. Please see the job description for more information.

Poarch Band of Creek Indians

(2) Assistant Attorney Generals, Atmore, AL. Responsible for assisting the Attorney General and Assistant Attorney Generals in providing legal services and representation to the Tribe, its Tribal Chair, its Tribal Council, Tribal Government, Tribal Authorities, all Tribal departments and entities, and all Tribal boards, commissions, and committees. For more information please see the jobs’ description. Application closes December 18, 2018 at 5pm.

AmeriCorps

Attorney Members, locations include: Alaska (5 positions in various locations throughout the state), Oklahoma (3 positions), Arizona (1 position in Phoenix) and Nebraska (1 position in Omaha). Work with local legal aid agency and partnering hospital or health clinic serving tribes to offer civil legal trainings to health providers, and provide comprehensive legal assistance for low-income patients. Areas of legal advocacy include public benefits, housing, special education, domestic violence, elder law, family law, and consumer law. For more information please see the position description.

Nottawaseppi Huron Band of the Potawatomi

Chief Legal Officer, Fulton, MI. Works under the primary supervision and direction of the Tribal Council.  Provides legal services to the operational direction of the Tribal government’s Chief Executive Officer consistent with the laws, budgets and policy directives enacted by the Tribal Council.  The position entails performing a broad range of legal work for all departments and divisions of the Tribal government, as well as, appearing in Courts of the Nottawaseppi Huron Band of the Potawatomi, Michigan State Courts and federal courts on behalf of the Tribe as authorized and directed. Please visit the link for more information. Application closes January 2, 2019 at 5:00pm.

Tohono O’odham Nation

Attorney General, Sells, AZ. The attorney general provides legal advice and representation to all officials, agencies, departments, divisions and branches of the Tohono O’odham Nation, a federally recognized Indian tribe with 2.8 million acres of reservation land in Southern Arizona. 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. Application closes February 1, 2019.

Federal Bureau of Investigation (FBI)

Attorney, Clarksburg, WV. The FBI’s Office of the General Counsel (OGC) is looking for experienced and highly qualified attorneys to join its exciting and challenging legal practice.  OGC provides legal advice to the entire FBI, including the Director, FBI headquarters officials and agents in the 56 domestic field offices, on a wide range of substantive issues. For more information please visit the link.

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. 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 November 30, 2018.