Sixth Circuit Briefs in Saginaw Chippewa Indian Tribe v. Blue Cross Blue Shield

Here:

Saginaw Chippewa Opening Brief

BCBS Brief

Reply Brief

Tenth Circuit Briefs in Cherokee Nation v. Zinke (UKB Trust Acquisition)

Here they are (so far);

Federal Brief

Lower court materials in Cherokee Nation v. Jewell here.

SCOTUS Grants Cert in Upper Skagit In Rem Immunity Matter

Here is the order list from last Friday.

Here are the cert stage materials in Upper Skagit Indian Tribe v. Lundgren.

Lower court materials here.

Angelo Baca: “Bears Ears is Here to Stay”

In the New York Times, 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.

Senate Indian Affairs Committee

Policy Advisor/Counsel, Office of the Vice Chairman, Senator Tom Udall, Washington D.C. Covers legislative portfolio including economic development, law enforcement, energy, tax, and related issues impacting Indian Country. Additional duties include developing and executing legislative initiatives; monitoring legislative developments; conducting oversight; working with stakeholders; preparing materials for meetings, briefings, and hearings; and coordinating closely with senior staff and the Vice Chairman.  This position requires excellent communication, strong research and writing skills, as well as the ability to work well under pressure in a fast-paced environment.  Ideal candidate will have work experience in the legislative and/or executive branch, as well as extensive knowledge of, experience with, and/or contacts with Indian Country.  J.D. preferred but not required.  The Office is an equal employment opportunity employer and encourages individuals from all backgrounds to apply.  Please e-mail a cover letter and resume to SCIAresumes@indian.senate.gov.

U.S. Department of Justice

Task Force Member, Office on Violence Against Women, Washington D.C.  The U.S. Department of Justice is looking for tribal leaders to serve on a task force to advise us about research activities to help reduce violence against women in Indian country.  Task Force duties include:

  • Providing feedback on research and evaluation priorities, design strategies, protocol, and findings.
  • Assisting in disseminating results that influence policy and practice.
  • Drafting and reviewing reports and recommendations.

Members must be representatives of:

  • Tribal governments
  • National tribal domestic violence and sexual assault nonprofit organizations
  • National tribal organizations

Mille Lacs Band of Ojibwe

Special Magistrate (RFQ), Onamia, M.N. Hears court cases specifically every Monday, except for designated holidays, beginning in January 2018 to September 2019. Cases heard are primarily family law, truancy, domestic abuse, harassment, criminal arraignments; however, there may be other case types added throughout the term of contract. Resumes are due by Friday, December 18, 2017 by the end of business.

Comanche Nation

Chief District Judge, Lawton, O.K. Conducts court proceedings and issues all orders and papers incident thereto, in order to administer justice in all matters within the jurisdiction of the Comanche Nation Court. Deadline for submission is December 19, 2017 at 4:00pm CST. Proposals should be submitted in PDF format via email: shannonn@comanchenation.com. Sealed proposals will be received in person at Comanche Nation Administration Building, 584 NW Bingo Rd., Lawton, OK 73502 Attention: Grants Department.

Associate District Judge(2), Lawton, O.K. Handles, presides over and adjudicates all criminal, civil, juvenile, and traffic cases and litigation as assigned by the Chief District Judge within the jurisdiction of the Comanche Nation Court. Deadline for submission is December 19, 2017 at 4:00pm CST. Proposals should be submitted in PDF format via email: shannonn@comanchenation.com. Sealed proposals will be received in person at Comanche Nation Administration Building, 584 NW Bingo Rd., Lawton, OK 73502 Attention: Grants Department.

Elk River Law Office, PLLP

Associate Attorney, Billings, M.T. The firm seeks an experienced associate attorney with three-years legal experience in a civil law firm including Federal Indian law.  Current and former judicial law clerks with experience in administration of civil cases are encouraged to apply. All applicants must be licensed to practice law in Montana, and must have strong research and writing skills. Competitive salary based upon experience. Please send a resume, cover letter and three references to: Georgette Boggio, P.O. Box 928, Billings, Montana 59103, or you can submit your information by e-mail to gboggio@elkriverlaw.com.  All applications are confidential.

Nevada Legal Services

Staff Attorney, Indian Law Project, Reno, N.V. Will be handling criminal defense cases in Tribal Courts in northern Nevada and will do some civil representation in Tribal Courts in northern Nevada. Our staff attorney’s salary begins at $42,154 and goes up based upon your experience. We provide medical, dental, and vision insurance and you may participate in the 403(b) TDA. A great deal of travel with some over-night stays is required in this position. If you are interested in the position, send a resume, writing sample, and list of three references to: Roberta O’Hara, Human Resources at rohara@nlslaw.net.

Paiute Indian Tribe of Utah

Legal Counsel(RFP), Cedar City, U.T. The Tribe is seeking proposals for general and/or special Legal Counsel Services from one or more firms or individuals who can demonstrate proficient expertise in Tribal Governance, Economic Development, and Tribal Employment as needed.

Claremont Graduate University

Native American Fellowship, Claremont, C.A. CGU has recently received a grant from the US Department of Education that will allow twelve Native Americans (in two cohorts of six each) to receive a 100% tuition fellowship and a living stipend ($1400/month for 15 months) to support their earning of a k-12 teaching California teaching credential and master’s of education from Claremont Graduate University.  Given that the first cohort will start classes in May 2018, recruitment has already begun. Contact either Rachel Camacho, Rachel.Camacho2@cgu.edu, or DeLacy Ganley, DeLacy.Ganley@cgu.edu, if you are interested or have questions.

Choctaw Nation of Oklahoma

Attorney, Division of Commerce, Durant, O.K. Primarily responsible for negotiating, writing, reviewing, summarizing, researching and executing a wide variety of agreements for business and internal support units. This will include service agreements, franchise agreements, organizational documents, marketing agreements, license agreements, real estate leases, confidentiality agreements, construction contracts and other general business contracts. Manage an array of general contractual and legal matters. Offer sound legal advice and counsel to Sr. Legal Director and internal clients on strategies, actions and decisions related to all such transactions and legal matters.

Other jobs posted this week:

Indian Child Welfare Attorney(RFP)(2), Grand Traverse Band of Ottawa and Chippewa (12/4/17)

Probate/Estate Planning Attorney(RFP)(2), Grand Traverse Band of Ottawa and Chippewa (12/4/17)

Previous Friday Job Announcements12/1/17

National Indian Law Library Bulletin (12/7/2017)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 12/7/17.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition for certiorari was filed on 11/27/17 in: Renteria, et al. v. Superior Court of California, Tulare County, et al. (Indian Child Welfare Act – Application of)

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Lower Elwha Klallam Indian Tribe v. Lummi Nation (Fishing Rights – Usual and Accustomed Fishing Areas)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
In the Interest of K.G. and A.R. (Indian Child Welfare Act – Notice)
Brown v. Garcia (Disenrollment; Tribal Sovereign Immunity)
Flathead Joint Board of Control v. State of Montana (Water Compacts)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Sacred Places section, we feature articles about the Trump administration’s decisions to revoke and replace Bears Ears National Monument.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
We added the following bills and resolutions:

  • H.R.4506: To provide incentives to encourage tribal job creation and economic activity, and for other purposes.
  • H.R.4490: To establish an integrated national approach to respond to ongoing and expected effects of extreme weather and climate change by protecting, managing, and conserving the fish, wildlife, and plants of the United States, to maximize government efficiency and reduce costs, in cooperation with state, local, and tribal governments and other entities, and for other purposes.
  • H.R.4532: To create the first tribally managed national monument, and for other purposes.
  • S.2189: A bill to require the Secretary of the Treasury to mint coins in commemoration of the 400th anniversary of the landing of the Mayflower and settlement of Plymouth Colony, the signing of the Mayflower compact near Provincetown, and the role of the indigenous Wampanoag Tribes in the realization of the settlement.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
We feature these articles:

  • Resource Wars: A conflict of interests in the Bering Sea Climate Resilience Area.
  • Melting ice, shifting seas: An Arctic law update.
  • The Oil Sands of time: Pipelines and promises.

U.S. Regulatory Bulletin  
http://www.narf.org/nill/bulletins/regulatory/2017.html
The Department of Commerce has published a notice relating to endangered and threatened species and taking of anadromous fish.

Utah Diné Bikéyah & Patagonia and Others Sue Trump over Bears Ears, Too

Here is the complaint in Utah Diné Bikéyah v. Trump (D.D.C.):

2017.12.06 – Bears Ears Complaint (filed)

Here is the complaint in Natural Resources Defense Council v. Trump (D.D.C.):

NRDC Complaint

St. Croix Ojibwe Opioid Suit

Here is  the complaint in St. Croix Chippewa Indians of Wisconsin v. McKesson Corp. (W.D. Wis.):

Complaint

American Indian Scholarship Update

Here are selected papers available online:

Reimagining Relocation in a Regulatory Void: The Inadequacy of Existing Us Federal and State Regulatory Responses to Kivalina’s Climate Displacement in the Alaskan Arctic

Climate Law, Vol. 7, No. 4, pp. 290–321 (2017) ,
Posted: 05 Dec 2017
Accepted Paper Series

 

Here Today, Gone Tomorrow – Is Global Climate Change Another White Man’s Trick to Get Indian Land? The Role of Treaties in Protecting Tribes As They Adapt to Climate Change

Michigan State Law Review, Vol. 2017
Number of pages: 54 Posted: 27 Nov 2017
Accepted Paper Series

Tribal Sovereignty and the Recognition Power

Number of pages: 77 Posted: 08 Nov 2017
Working Paper Series
Stanford Law School

The Body Subject To The Laws: Louise Erdrich’s Metaphorical Incarnation Of Federal Indian Law In “The Round House”

Laurel Jimenez
2017University of Washington Tacoma

Parchment As Power: The Effects Of Pre-Revolutionary Treaties On Native Americans From The Colonial Period To Present

Katie Wilkinson
2017Purdue University

Accounting for Conquest: The Price of the Louisiana Purchase of Indian Country

Journal of American History, Volume 103, Issue 4, 1 March 2017, Pages 921–942, https://doi.org/10.1093/jahist/jaw504
Published:
01 March 2017

Alaska OCS-Tribal Services Compact

We’ve been getting a number of questions about this compact, likely due to the level and type of press coverage about it in Alaska (see here). We’ve hesitated to post on it, given all the people who know it much better than we do, but it’s important to see what this compact does and doesn’t do.

The compact is HERE (now as a searchable PDF because that’s how we do things).

The compact is, without question, a big step forward for the state of Alaska. It is the result of a lot of hard work of a lot of tribes, and opens doors that Alaska has long kept closed to tribes. There is recognition of tribal court protection and child support orders, as well as ensuring a child’s eligibility for federal funding regardless of tribal or state custody. The compact (Sec. 6.2.1) allows for the sharing of confidential information, and access to databases. This section alone are of particular importance and relevant for all tribes facing state intransigence on confidentiality and child welfare.

The compact is not the final step, however. The document provides an agreed upon framework for future negotiations between the state and individual tribes or tribal consortiums. The compact allows the state (OCS) to shift responsibility for providing services–and importantly, the related state funding–to tribal social services departments. But the compact does not address tribal jurisdiction, transfer to tribal court, or assume that if a tribal department takes over services that the tribe will take jurisdiction. Therefore, the compact doesn’t address tribal courts at all, or if state funding follows a child in to tribal court (spoiler alert: right now it doesn’t).

There are a lot of tribes in Alaska increasing their tribal court capacity right now, and it does seem the next step would be for tribes to exercise jurisdiction over their children without losing the funding due to those children as state citizens. It will also be interesting to see the individual tribal/tribal consortium compacts that address the details of how the services will be divided between the state and tribe.