Eleventh Circuit Dismisses Challenge to Seminole Tribal Court Jurisdiction

Here is the unpublished opinion in Asker v. Seminole Tribe of Florida Inc.:

Unpublished Opinion

Briefs here.

New Kevin Washburn Paper: “Everybody Does Better in Indian Country When Tribes are Empowered”

Posted in SSRN, here.

The abstract:

Fifty years ago, President Lyndon Johnson appointed a blue ribbon panel called the National Advisory Commission on Civil Disorders to examine the causes of urban riots that happened during the summer of 1967. The Kerner Commission, as the group came to be known, produced a report on March 1, 1968, that identified some of the causes of the unrest. The Kerner Commission report found the riots to be rooted in crushing urban poverty and recommended solutions that would address those deep issues, such as job training, living wages, and funding for public schools. To commemorate the 50th Anniversary of this work and to refocus attention on these important issues, the last living member of the Kerner Commission, former U.S. Senator Fred Harris, compiled a book “Healing our Divided Society: Investing in America Fifty Years After the Kerner Report” that revisits some of these issues. Harris invited several scholars to contribute to the book, including Professor Joseph Stiglitz, Professor Washburn. Professor Washburn contributed the attached essay which highlights the changes that have occurred in federal Indian policy in the last 50 years and makes recommendations about continuing efforts to address poverty there.

Heather Kendall-Miller Receiving Baca Award

Heather was one of two awardees this year. Eric Eberhard was the other. Both presentations were extremely moving.
We’re all lucky to have benefited from the contributions of these incredible attorneys.

Heather Kendall-Miller

Friday Job Announcements

Job vacancies are posted on Friday. Additional announcements may appear throughout the week. If you would like your Indian law or leadership job posted on Turtle Talk, please email indigenous@law.msu.edu.

Little Traverse Bay Bands of Odawa Indians

Student Internships, Petoskey and Harbor Springs, M.I. The Little Traverse Bay Bands of Odawa Indians (LTBB) Tribal Court is seeking two clerks, one paid position and one position funded through your school or other external source.  The Tribal Court is looking for applications from students interested in working on a huge variety of legal issues. No prior Indian law classes are required, but strong legal research and writing skills are necessary. Please email cover letters and resumes to Joetta Gasco at jgasco@ltbbodawa-nsn.gov and state your GPA in your cover letter.  We will request transcripts and writing samples for people we are interested in interviewing.

Sonosky Chambers

Summer Associates, Washington D.C. Sonosky, Chambers, Sachse, Endreson, & Perry LLP is a national law firm dedicated to representing Native American interests in a wide range of endeavors – including trial and appellate litigation, federal Indian law, tribal law, Indian self-determination and self-governance matters, transportation and infrastructure, natural resources, and economic development, among others. We are currently recruiting incoming 2L students for 2019 summer associate positions.  If you know of students who may be interested, please pass this note along to them.  Interested applicants should send the following to William Stephens, Partner at wstephens@sonosky.com (please also copy kwray@sonosky.com):

·         Cover letter;
·         Resume;
·         Transcript; and
·         Writing sample (a writing sample relevant to our practice area is preferred, but not necessary).

Interested applicants should send this information no later than August 31, 2018.  More detail about the firm is available at www.sonosky.com.

Office of the Solicitor

Associate Solicitor, Washington D.C. The Associate Solicitor for General Law provides executive leadership over three programs within the Division; (1) The Branch of Acquisitions and Intellectual Property, responsible for legal matters related to the Interior acquisition and procurement functions and related litigation; (2) The Branch of General Legal Services, responsible for legal matters and litigation related to budget, financial management, legal ethics, FOIA, records management, electronic data management, partnerships, the Federal Advisory Committee Act, the Privacy Act, rule making, administrative law matters, internal delegations of authority, departmental law enforcement policies, insular areas, and all other related and general matters not specifically the responsibility of any other branch or division; and, (3) Employment and Labor Law Unit, responsible for formulating and setting legal policy and standards of practice in employment and labor law. The Division provides legal assistance and counsel to the Assistant Secretary for Policy, Management and Budget, to the Endangered Species Committee and manages the Department’s FOIA and Privacy Act appeals program. Applications close on May 3, 2018.

Stillaguamish Tribe of Indians

Domestic Violence Civil Legal Aid Attorneys, Arlington, W.A. The Stillaguamish Tribe of Indians requests proposals to provide domestic violence civil legal services for domestic violence victims for a term of one year commencing on approval of a professional services agreement by the Stillaguamish Tribe’s Board of Directors. This Request for Proposals (RFP) seeks responses from both private law firms and public agencies. The Tribe seeks Domestic Violence Civil Legal Aid Attorneys (“DV Attorney”) to provide full representation to domestic violence victims to seek a Domestic Violence Protection Order (“DVPO”) within the jurisdiction of the Stillaguamish Tribal Court. The DV Attorney will also provide full representation to a domestic violence victim who has petitioned the court for a DVPO in modifying parenting plans in the Stillaguamish Tribal Court. The DV Attorney will provide advice and counsel to domestic violence victims, including coordinating services for victims, and assisting pro se litigants in the selection and completion of proper forms, communicating victim rights, and outlining legal options for domestic violence victims.

Michigan Indian Legal Services

Summer Legal Intern, Traverse City, M.I. Michigan Indian Legal Services (MILS), a statewide provider of free legal services to low income Indians and Indian tribes, seeks two summer legal interns/externs (Traverse City and Southwestern Michigan). MILS represents Indian individuals, families, tribes and organizations in cases that span the complete range of federal Indian law and tribal representation. MILS is an equal opportunity employer. Please send resume, references, cover letter, writing sample to:

James A. Keedy
Executive Director
Michigan Indian Legal Services
jkeedy@mils.org
814 S. Garfield Ave., Suite A
Traverse City, MI 49686

Kadiak LLC

Project Administrator, Anchorage, A.K. This is a full time position supporting Kadiak and our customer. We offer competitive compensation and an extraordinary benefits package including health, dental and vision insurance, 401K with company matching, flexible spending accounts, paid holidays, three weeks paid time off, and more. Work with project team in co-project management role to conduct Tribal Court Assessments for the identified Alaska villages on behalf of the Bureau of Indian Affairs. The team will conduct 15 tribal court assessments in Alaska each year.

Department of Health and Human Services

General Attorney Advisor, San Francisco, C.A. The Office of the General Counsel (OGC) at the Department of Health and Human Services is seeking an attorney to join its Region IX, San Francisco, CA office. Region IX provides comprehensive legal services to almost all components within HHS. OGC is an equal opportunity employer, and we encourage applications from a diverse pool of high-quality candidates. For additional information about OGC’s mission, please visit our website at:http://www.hhs.gov/ogc/index.html.

Penobscot Nation

Juvenile Healing to Wellness Court Consulting Services, Indian Island, M.E. This request for proposals (RFP) is to contract for consulting services to be provided to the Penobscot Nation, a federally recognized Indian tribe, located at Indian Island, Maine to assist in developing policies and procedures, guidelines, and a data collection system for its Juvenile Healing to Wellness Court.  Please see the announcement for more information on RFPs. Submissions close on May 4, 2018.

Frye & Kelly, P.C.

Attorney, Albuquerque, N.M. Frye & Kelly, P.C. is a boutique firm in Albuquerque, New Mexico that focuses on Indian law. We are seeking a seasoned attorney with three or more years’ experience in litigation, business development, and/or governmental law. The firm principally provides legal counsel and representation to Indian tribes, tribal business entities, and other tribal organizations, including schools and hospitals. The firm is an equal opportunity employer. A demonstrated history of providing high quality legal services and significant accomplishments is required. To apply, please submit: (1) a cover letter describing your interest in and qualifications for the position, (2) a resumé, (3) three writing samples, (4) a list of three references, and (5) a law school transcript, to Office Manager, 10400 Academy Rd. NE, Suite 310, Albuquerque, New Mexico 87111. For additional information about the firm, please visit our website at http://www.fryelaw.us.

National Congress of American Indians

Policy Analyst, Washington D.C. NCAI has openings for Policy Analysts in the Washington, D.C. office. Reporting to the NCAI Director of Government Affairs, the Policy Analyst will support the policy and advocacy functions of NCAI and manage several  NCAI grants to advance the priorities of tribal governments. This is a salaried position offering competitive compensation and benefits, with salary based on experience. Applicants should send their resume, a brief writing sample, three references, and a cover letter to jobs@ncai.org.  Positions will be open until filled, with interviews occurring regularly to qualified, timely applicants.

Zuni Tribe

Associate Judge, Zuni, N.M. The Associate Judge is assigned primarily to the Children’s Court and assists the Chief Judge in performing judicial work of considerable and varying difficulty, including adjudication of cases and administration of the tribal courts (during the absence of the Chief Judge). Work is performed in a business like, efficient, economical, and ethical manner. Position is open until filled. See the job anouncement for more information.

Last week’s postings: March 30, 2018

FBA Indian Law Conference ICWA Panel

Trent Crable, Kate Fort, Victoria Sweet, John Tahsuda, Bethany Berger

7FEFFE80-BEF7-4E69-BC27-9F96DF805798

FBA Indian Law Conference Panel on Self-Determination in a Global Era: Tribal Nation’s at the United Nations

Karla General, Tim Coulter, Terri Henry, Kristen Carpenter, Greg Bigler

9FC7464D-0DAB-46EB-A7D3-FDE0243B8F1C

FBA Indian Law Conference Panel on Winters Rights

Trent Crable, Daron Carreiro, Heather Whiteman Runs Him, Joel Williams, Jeanette Wolfley

29FE4BB4-6804-4B68-BD04-B6AB9863C860

Tenth Circuit Decides Donelson v. United States [Osage Mineral Estate]

Here is the unpublished opinion.

Brief: appellant brief

energy companies opening brief

federal answer brief

reply

Eric Eberhard Receiving the Lawrence Baca Award

Eric is one of the co-winners this year, along with Heather Kendall-Miller.

Eric, receiving the award and being honored by Port Gamble S’Klallam