News Coverage on IHS Nominee

Roll Call: “Questions Could Derail Confirmation of Trump’s Indian Health Nominee

Mother Jones: “Trump Nominee Appears to Have Practiced a Wee Bit of Resume Inflation”

WSJ: “Trump Nominee to Lead Indian Health Services Faces Claims of Misrepresentation

Esquire: “Checking in on Trump’s Promise to Only Hire the ‘Best People’

CNBC: “Trump pick for Indian Health Service under fire for job experience claims

Todd Hembree Commentary in EdWeek about the Cherokee Opioid Matter

Todd Hembree has published “Fighting the Opioid Epidemic at Its Source” in EdWeek.

Eid & Goldtooth on Navajo Juvenile Justice Law

Troy A. Eid and DeAnna Goldtooth have published “’Children Are Sacred’:  Applying Navajo (Dine’) Fundamental Law to Strengthen Juvenile Justice” at 62 The University of South Dakota Law Review 728 (2017). The draft manuscript is here.

NYTs News Profile of Uranium Mining at Bears Ears

Here is “Uranium Miners Pushed Hard for a Comeback. They Got Their Wish.

Gregory Ablavsky on Indian Law and Legal History

Gregory Abalvsky has posted “History, Power, and Federal Indian Law” on Process, the blog of the Organization of American Historians, The Journal of American History, and The American Historian.

An excerpt:

Indian law is not unique in involving judicial uses of history. But not only is Indian law exceptionally historically focused, it is also different from, for instance, the more familiar fights over originalism. While struggles over constitutional history often concern grand and abstract principles and attract significant attention, Indian law cases are often viewed as minor—Justice Brennan reportedly once referred to them as “chickenshit”—and their outcome likely turns on the very local and specific pasts of a particular reservation, treaty, or centuries-old statute. The indeterminacy of these histories gives judges remarkably wide rein to craft the law as they see fit: “[W]hen it comes to Indian law,” the late Justice Scalia once quipped, “most of the time we’re just making it up.”

SCOTUS Grants the Review in the Culverts Case

Late this afternoon the Court released an order list which granted the cert petition in U.S. v. Washington (the culverts case).

Order list here.

Previous briefs and posts here.

Friday Job Announcements

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

Tulalip Tribes

Staff Attorney, Tulalip, W.A. Provides civil legal representation to the Tulalip Child Support Program. Position will also involve representing other Tribal departments in civil legal hearings.

Portland City Auditor

Chief Hearings Officer, Portland, O.R. Acts on behalf of City Council to conduct quasi-judicial administrative hearings and render impartial decisions related to code enforcement, land use, vehicle tows, appeals, and other types of cases.
The Hearings Office is a division of the City Auditor’s Office, which provides it administrative support and a neutral base from which to make its decisions, which are subject to appellate review. As an elected official, the Auditor is independent of the Mayor, Commissioners, and City management.

National Congress of American Indians

Director of Governmental Affairs, Washington, D.C. Responsible for representing Indian Country’s consensus policy priorities with Congress and the Administration. The successful candidate will be prepared to work in a collaborative environment to develop and implement a strategy to advance the policy priorities identified by the NCAI membership and Board. The Director will work with the federal government, tribal nations, Native organizations, and non-Native partners to enhance opportunities for tribal nations while ensuring the trust responsibility towards tribes is upheld. Typically, the Director works closely with the Executive Director and General Counsel and leads a staff of 2-4 policy associates and a Fellow.

Little River Band of Ottawa Indians

2018 Summer Legal Intern, Manistee, M.I. Interns will assist the Unified Legal Department in its role as in-house legal counsel to the Little River Band of Ottawa Indians. The position is paid at a rate of $15.00-$17.50 per hour, depending on experience. The position is temporary part-time and will last eight to twelve weeks. The Department is willing to accommodate a flexible schedule but wants a minimum commitment of 20 hours per week. Hours worked should conform to a schedule of Monday through Friday from 8 a.m. to 5 p.m. Applications must be received by March 30, 2018, 5:00 p.m. EST. Applications will be reviewed on a revolving basis, beginning December 1, 2017, until the position(s) is filled.

Department of the Interior

Regional Solicitor, Office of the Solicitor, Southeast Region, Atlanta, G.A. Represents and acts for the Solicitor as the chief legal officer for the Department of the Interior for legal matters covered in the Southeast Region. Closes Tuesday, February 6, 2018.

Previous Friday Job Announcements2018/01/05

D.C. Circuit Affirms Interior Trust Acquisition for North Fork Rancheria of Mono Indians

Here is the opinion in Stand Up for California! v. Dept. of Interior:

Stand Up Opinion

Briefs here.

New Materials in Navajo Nation v. San Juan County

Here:

Doc. 447 Order Denying 444 Motion 1.11.18

Doc. 448, Judgment, Final, Jan 11, 2018.

Doc. 449, Notice of Appeal, County 1.11.18

Ninth Circuit Denies En Banc Review of Ione Casino Challenges

Here are the materials in No Casino in Plymouth v. Zinke:

Ione adv No Casino – 9th Circuit – Order Denying No Casino Petition for Panel Rehearing or Rehearing En Banc filed 01-11-2018

Ione Band Response [No Casino]

No Casino En Banc Petition

US Response [No Casino]

Here are the materials in County of Amador v. Dept. of Interior:

Ione adv Amador County – 9th Circuit – Order Denying County Petition for Rehearing En Banc filed 01-11-2018

Amador County En Banc Petition

Ione Band Response [Amador]

US Response [Amador]

Panel materials in both cases here.