Here:
37 4-19-18 Appellees’ Response to Appellants’ Motion for Voluntary Dismissal of Appeal
38 4-26-18 Appellants’ Reply Supporting Motion for Voluntary Dismissal of Appeal
Allison Krause Elder has published “Indian” as a Political Classification: Reading the Tribe Back into the Indian Child Welfare Act in the Northwestern Journal of Law & Social Policy. Here is the abstract:
In the summer of 2018, the Ninth Circuit will consider an appeal from the dismissal of a constitutional challenge to the Indian Child Welfare Act (ICWA). Brought by a conservative think-tank, this case frames the ICWA as race-based legislation, violating equal protection by depriving Indian children of the same procedures as non-Indian children in child custody cases. In reality, the ICWA seeks to protect the interests of tribes, Indian families, and Indian children by establishing special procedures and obligations in Indian child custody cases. On its face, the ICWA is concerned not with the race of children, but with the special status of tribes and their political membership. As discussed in this Paper, a racial understanding of the ICWA is inconsistent with both the statute itself and the historically mixed political-racial status of tribes in the United States. While the Supreme Court created an opening for a race-based view of the ICWA in Baby Veronica, prior precedents embraced a political understanding of “Indian” where Congress intended to support tribal sovereignty. This Paper argues that any fair reading of the ICWA must treat “Indian” as a political rather than racial classification, and that the ICWA cannot be subject to strict scrutiny under equal protection. To do otherwise is to read the tribe out of the Act, which is not just inconsistent with the statute, but dismissive of the unique history of tribes in our nation.
Here. Muckleshoot Chair Virginia Cross and Puyallup Council Member Rideout spoke, as did Sen. Patty Murray.
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 Indian law or leadership job, please send a PDF job announcement and a brief description of job to indigenous@law.msu.edu.
Confederated Tribes of the Colville Reservation
Associate Judge, Nespelem, W.A. The Confederated Tribes of the Colville Reservation is looking for an Associate Judge to preside over criminal, civil, juvenile, and administrative proceedings. Minimum requirements include a J.D. and previous judicial experience. The job pays approximately $37.26-$64.08 per hour, depending on experience. Please see the announcement for more information. Position open until filled.
Managing Attorney, Office of the Reservation Attorney, Nespelem, W.A. The Confederated Tribes of the Colville Reservation is looking for a Managing Attorney to manage to assure the work of all attorneys in the ORA is quality work. The Managing Attorney will be responsible for holding all ORA attorneys to the highest ethical and professional standards. This job pays approximately $56.39-$74.33, depending on experience. Please see the announcement for more information. Position open until filled.
Tohono O’odham Nation
Assistant Legislative Attorney, Sells, A.Z. Under the direction of the Legislative Attorney, provides legal advice and representation to the Legislative Council and standing committees on a wide range of issues affecting the Tohono O’ogham Nation; works with tribal, federal and state officials as well as national- and state-level tribal advocacy groups, other tribes, private individuals and entities; maintains confidentiality of all privileged information. This position pays $85,983-$144,415, depending on experience. Please see the job announcement for more information. Position open until filled.
Nez Perce Tribe
The Nez Perce Tribe (Tribe) Environmental Restoration and Waste Management (ERWM) program is recruiting for: HANFORD PROJECT LEGAL POLICY ANALYST HR-18-107 Located at Lapwai, ID. The ERWM programs’ role is to protect the Tribe’s treaty-reserved right at the Hanford Site in the state of Washington, regulate air quality on the Tribe’s Reservation in the state of Idaho, and oversee emergency response planning on the Reservation. The ideal candidate will be a team player; will have sound judgement, accompanied by excellent research, writing, and communications skills; the ability to analyze complex factual, legal, and policy issues; the ability to delve deeply into environmental strategies and projects related to the Tribe’s interests at the Hanford Site; and the ability to respond to a wide array of environmental issues that require prompt and accurate analysis.
The Tribe offers an attractive compensation package, including: medical and life insurance, a matching 401 (k) contribution, and a generous leave policy. The successful candidate will be working with the Resource Conservation and Recovery Act (RCRA), National Environmental Policy Act (NEPA), and Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). However, the Program will provide training and professional development opportunities for the successful candidate in these areas. Experience working on behalf of Indian tribes or other governments is preferred. Requires a Juris Doctorate degree from an accredited law school. Applicants must also pass a criminal background check with no criminal convictions, hold membership in good standing with a state bar, have a minimum of one (1) year of legal practice experience, and have a positive work history. To apply, please send a cover letter, resume, 5-10 page writing sample, and three (3) letters of references along with your Nez Perce Tribe application to: HANFORD PROJECT LEGAL POLICY ANALYST HR-18-107, P.O. Box 365, Lapwai, ID 83540, by 4:30 pm 5/28/18 (208) 843-7332 Tribal preference applies. The Nez Perce Tribe is a drug free work environment, pre-employment drug testing required. Must provide a current motor vehicle report from the state(s) where you have been licensed to drive within the last three (3) years. Class description available from the Tribe’s Human Resources Department. INCOMPLETE APPLICATION PACKETS WILL NOT BE CONSIDERED. www.nezperce.org
Nebraska Indian Child Welfare Coalition
Executive Director, Lincoln, N.E. The Nebraska Indian Child Welfare Coalition is looking for an Executive Director. The Executive Director is responsible for the leadership and management of the organization. Through effective collaboration with the Board of Directors, Nebraska Tribes and partners, the Executive Director is responsible for developing, implementing, and evaluating a coordinated program plan; securing resources to support the plan; and growing the organization. With the Board of Directors, the Executive Director will have overall strategic and operational responsibility for NICWC’s operations and personnel. This position pays $60,000 a year. Please see the announcement for more information.
Confederated Tribes of the Umatilla Reservation
Summer Law Clerk, Pendleton, O.R. The Confederated Tribes of the Umatilla Reservation is seeking a Summer Law Clerk for Summer 2018 to conduct legal research and writing work. This position pays $14-$21 per hour. Please see the job announcement for more details.
Ho-Chunk Nation
Tribal Attorney, W.I. The Ho-Chunk Nation is seeking a Tribal Attorney to perform a variety of legal work representing the Nation, including representing its departments, boards, and commissions. The Tribal Attorney will prepare pleadings and attend hearings on behalf of the Nation. Please see the announcement for more information.
Department of Justice
Assistant United States Attorney, Grand Rapids, M.I. The district is soliciting applications for a Criminal Division Assistant U.S. Attorney (AUSA) position in the Grand Rapids, Michigan office. Candidates should be capable of handling the prosecution of all manner of federal crimes, including in particular drug, firearm and immigration offenses, as well as the pursuit of asset forfeiture claims. Western District of Michigan Criminal Division AUSAs are responsible for substantial legal research and writing at the trial and appellate levels as well as on collateral review. Position pays $61,217-$143,639. Applications close on June 4, 2018.
Assistant United States Attorney, Minneapolis-St. Paul, M.N. Assistant U.S. Attorneys (AUSAs) in the Criminal Division prosecute federal criminal cases in the District. Criminal Division AUSAs advise federal law enforcement agents on criminal investigations, present criminal cases to the grand jury, try criminal cases before the United States District Court, and represent the United States in criminal appeals before the Eighth Circuit Court of Appeals. Candidates should be capable of handling a variety of significant and complex criminal prosecutions. Position pays $70,336-$164,100. Applications close on May 25, 2018.
Department of Interior
Supervisory Attorney-Adviser, Washington, D.C. The Division of Indian Affairs provides legal counsel and representation to the Secretary acting as federal trustee to American Indian tribes and their members. The division also provides legal advice to the Office of the Assistant Secretary – Indian Affairs, Bureau of Indian Affairs, and Bureau of Indian Education concerning the administration of Indian services and programs. The Branch of Tribal Government Services handles legal issues relating to acknowledgement and federal recognition, education, jurisdiction, Native Hawaiian, international, hunting and fishing, Indian Child Welfare Act, Johnson O’Malley Act, tribal government disputes, tribal constitutions, tribal ordinances, and Section 17 Corporations.
The incumbent exercises a broad range of supervisory responsibilities over assigned employees. Supervision exercised includes planning and scheduling work; allocating personnel to projects; defining work assignments; providing instructions and guidance; reviewing, accepting, amending, or rejecting work performed, and evaluating assigned employees.
The incumbent reviews and prepares litigation reports, oversees discovery, drafts pleadings and reviews Department of Justice filings in judicial litigation on matters within assigned areas of responsibility arising out of the various programs and activities listed above for the above referenced agencies. In addition, the incumbent provides key advice to executive-level management officials within the bureaus and agencies at the national or regional level. Applications close on May 21, 2018.
Standing Rock Sioux Tribal Court
Assistant Tribal Prosecutor, Fort Yates, N.D. The Standing Rock Sioux Tribe is soliciting applications for employment, as an independent contract employee, for an Assistant Tribal Prosecutor for the Standing Rock Sioux Tribal Court. This is a full time position. The number of hours, days of employment and compensation are all negotiable. The terms of employment will be determined by the agreement of the parties. The contract shall be compensated on an hourly basis. Employment beyond one year will be contingent upon funding. Please see the announcement for more information.
Last week’s postings: May 11, 2018
Here:
The National Indian Law Library added new content to the Indian Law Bulletins on 5/17/18.
U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Read the latest Tribal Supreme Court Project update published on 5/11/18.
Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2018.html
McClellan v. Grand Traverse Band Election Board and Petoskey (Tribal Elections)
Petoskey and Robert v. Grand Traverse Band Election Board (Tribal Elections)
Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2018.html
Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2018.html
Alvin Van Pelt III v. Todd Giesen (Indian Civil Rights Act – Due Process)
State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2018.html
Matter of Dependency of M.-A. F.-S. (Indian Child Welfare Act; Best Interests of the Child)
Matter of Welfare of S.R.K. (Indian Child Welfare Act; Minnesota Indian Family Preservation Act; Expert Testimony)
News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Economic Development section, we feature articles about the possible impacts of a U.S. Supreme Court ruling regarding sports gaming.
Here are the materials in Cain v. Salish Kootenai College (D. Mont.):
This case is on remand from the CA9.
Here are the materials in FSS Development Company LLC v. Apache Tribe of Oklahoma (W.D. Okla.):
Here are the relevant materials in Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation (D. Utah):
134 becker motion for sanctions
146 tribal parties motion for sanctions
154 dct order denying becker motion for sanctions
155 dct order denying tribal parties motion for sanctions
Other Becker related posts here. Posts in Ute Indian Tribe v. Lawrence here.

Here is the opinion in United States v. Briones.
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