Andrew Rome has published “Black Snake on the Periphery: The Dakota Access Pipeline and Tribal Jurisdictional Sovereignty” in the North Dakota Law Review.
Federal Court Enjoins State Court Trial in Ute Jurisdictional Dispute
Here are the relevant materials in Ute Indian Tribe of the Uintah and Ouray Reservation v. Lawrence (D. Utah):
This matter is on remand from the Tenth Circuit.
SCOTUS Denies Cert in ICWA and Tribal Jurisdiction Matters
Here is today’s order list. The Court denied cert in Renteria v. Superior Court & Norton v. Ute Indian Tribe.
Federal Court Stays Becker v. Ute to Await Tribal Court Rulings
Here are the materials in Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation (D. Utah):
73 Ute Motion for Summary Judgment [preemption]
74 Ute Motion for Summary Judgment [illegality]
75 Ute Emergency Motion for TRO
101 Ute Motion to Reassign Case
102 DCt Chief Judge Order re 101
103:
Discussion and argument heard on the motions. After taking a recess, and for the reasons stated on the record, the court made the following rulings on the record:
The court DENIES 70 Mr. Becker’s Motion for Preliminary Injunction;
DENIES 71 Motion for Leave to File Sealed Document;
DENIES 75 The Tribe’s Motion for TRO, Motion for Preliminary Injunction, and Motion for Permanent Injunction; and
GRANTS 93 Tribe’s Motion for Leave to File Sur-Reply.The court also stays the case and all remaining pending motions (Dkt. Nos. 72, 73 and 74). Should the tribal court decline jurisdiction, the court will then address the remaining motions. The parties are granted leave to file a motion to lift the stay if circumstances should change before resolution of both the tribal court and state court actions.
Prior posts here.
Supreme Court Cert Stage Briefing in R.K.B. v. E.T.
As a reminder, this is the cert petition regarding the very long Utah Supreme Court decision which held there is a federal reasonableness standard for determining whether an unwed father is a parent under ICWA. That decision is here.
Another reminder–there are generally no cert stage amicus briefs filed in opposition to a cert petition. And a cert petition is just asking the Supreme Court to take the case. It doesn’t mean the Court has taken the case.
R.K.B. NCFA Amicus ISO Cert Final
R.K.B. v. E.T. FINAL AMICUS BRIEF AAAA
Federal Court Denies Motion for Stay in Navajo Nation Voting Rights Case
Here is the order in Navajo Nation v. San Juan County (D. Utah):
NYTs: “In ‘Paradigm Shift,’ Trudeau Announces Talks on Indigenous People’s Rights”
Here.
Magdelane Martel Profile on Colton Boushie Murder
Here is “Two Bullets and Numerous Misfires.”
Gabrielle Scrimshaw Commentary on Colton Boushie Murder
Here is “A Killing in Saskatchewan,” in the New York Times.
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.
Nevada Legal Services
Staff Attorney, Indian Law Program, Reno, N.V. The Indian Law Program is looking for an attorney to serve the 27 Native American tribes and colonies within the State of Nevada and provide a wide range of services to both tribal members and tribal governments. To apply, please send a cover letter and resume to Robert O’Hara, rohara@nlslaw.net.
Saint Regis Mohawk Tribe
Staff Attorney, Akwesasne Mohawk Casino, N.Y. The Staff Attorney will be responsible for providing legal advice on a wide array of legal issues as assigned. The Staff Attorney shall report to the General Counsel. Application closes on Feb. 16, 2018.
Pechanga Tribal Government
Associate General Counsel, Temecula, C.A. The Associate General Counsel will work in the Office of the General Counsel under the direct supervision of the General Counsel for the Pechanga Band of Luiseno Indians. The Associate General Counsel will work with the General Counsel and Deputy General Counsel to provide legal services, representation and advice on legal issues confronting the Tribal Government, its entities and enterprises; provide guidance and assistance to Tribal Government departments; and provide limited service to tribal members in matters relating to tribal status. Send resume and application to HR@PECHANGA-NSN.GOV.
Department of Justice
Assistant U.S. Attorney, Sioux Falls, S.D. United States Attorney Offices prosecute federal criminal offenses and represents the interests of the United States in civil and criminal cases. Our mission is to enforce the law and defend the interests of the United States, provide Federal leadership in preventing and controlling crime, seek just punishment for those guilty of unlawful behavior, and to administer and enforce the Nation’s laws to ensure fair and impartial administration of justice for all Americans. Closes on Feb. 22.
Northern California Intertribal Court System
Clerk of Court, Hopland, C.A. The Clerk of the Court is responsible for the administration and management of Northern California Intertribal Court System’s (NCICS) criminal and civil docket, including, but not limited to, matters referred to mediation or arbitration. The Court Clerk is also the initial point of contact for public inquiries regarding the Northern California Intertribal Court System, and is responsible for other duties assigned by the Court Operations Manager.
NCICS Court Operation Manager , Hopland, C.A. The Northern California Intertribal Court System (NCICS) Tribal Court Operations Manager is responsible for the administration of tribal court operations, programs, and services. The Tribal Court Operations Manager works closely with tribal leaders of the NCICS Judicial Council, Judges, tribal attorneys, court clerks, probation officers, tribal advocates, and county Judges and court administrators. The Tribal Court Operations Manager supervises and manages all daily operations of the NCICS including but not limited to, preparing the court budget, maintaining court security, overseeing court reports, managing public information, and maintaining records. The Tribal Court Operations Manager is also responsible for the supervision and management of all court staff. The Tribal Court Operations Manager reports to and is directed by the Chair of the Judicial Council and the NCICS’ governing body – a Judicial Council appointed by the governing bodies of the four consortium Tribes.
Tohono O’odham Nation
Attorney Prosecutor, Sells, A.Z. The attorney presents criminal complaints and prosecutes individuals accused of violating the laws or ordinances of the Tohono O’odham Nation. Entry-level attorneys are welcome.
Little Traverse Bay Bands of Odawa Indians
Student Law Intern, Petoskey, M.I. The Little Traverse Bay Bands of Odawa Indians (LTBB) Prosecutor’s Office is seeking one unpaid summer law clerk funded through your school or other external sources. The Prosecutor’s Office handles criminal, civil, child welfare and natural resource cases. The Tribal Prosecutor is looking for applications from students interested in working on a huge variety of legal issues. No prior Indian law classes are required, but a genuine interest in Indian law and strong legal research and writing skills are necessary. Please email cover letter and resume and writing sample to Human Resources at hr@ltbbodawa-nsn.gov and state your GPA in your cover letter.
Previous Friday Job Announcements: Feb. 9, 2018.
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