National Indian Law Library Bulletin (2/8/2018)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 2/8/18.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition for certiorari was filed in Royal v. Murphy (Tribal Jurisdiction; Indian Reservation Boundaries) on 2/6/18.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2018.html
State of Texas v. Alabama Coushatta Tribe of Texas (Indian Gaming Regulatory Act – Class II Gaming)
United States v. Board of Directors of the Truckee-Carson Irrigation District (Tribal Water Rights)
Citizen Potawatomi Nation v. State of Oklahoma (Gaming – Arbitration Award)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Culture & Tradition section, we feature an article about the Transportation Security Administration’s commitment to improve respectful handling of Native American sacred objects.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2018.html

  • The “right” right to environmental protection: What we can discern from the American and Indian constitutional experience.
  • An Arctic peril: The pitfalls and potential of a fragmentary polar law.
  • Tribal sovereignty and gaming: A proposal to amend the National Labor Relations Act.
  • Responsible resource development: A strategic plan to consider social and cultural impacts of tribal extractive industry development.
  • A dollar for your thoughts: Dollar General and the Supreme Court’s struggle with tribal civil jurisdiction.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:

  • H.R.4965: To establish best practices for State, tribal, and local governments participating in the Integrated Public Alert and Warning System, and for other purposes.
  • H.R.4975: To amend the Atomic Energy Act of 1954 to provide for consultation with State, tribal, and local governments, the consideration of State, tribal, and local concerns, and the approval of post-shutdown decommissioning activities reports by the Nuclear Regulatory Commission.
  • H.R.4899: Access to Substance Abuse Treatment Act of 2018 (See Sec.4 A.i.)
  • H.R.4967: To amend the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to improve nutrition in tribal areas and for other purposes.
  • S.2369: A bill to authorize aboriginal subsistence whaling pursuant to the regulations of the International Whaling Commission, and for other purposes.
  • S.2375: A bill to amend title 38, United States Code, to provide outer burial receptacles for remains buried in National Parks, and for other purposes.

U.S. Regulatory Bulletin   
http://www.narf.org/nill/bulletins/regulatory/2018.html
We feature a notice of the Department of the Interior, Bureau of Indian Affairs notice of tribal consultation on the Indian trust asset management demonstration project.

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.

Comanche Nation Tribal Court

Indigent Defense Attorney, Lawton, O.K. The Comanche Nation is requesting proposals for an Indigent Defense Attorney of the Comanche Nation Tribal Court. Full copies of the Request for Proposal can be obtained through the Comanche Nation website: www.comanchenation.com. Deadline for submission is February 16, 2018 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.

Yakama Nation

Lead Attorney Position, Office of Legal Counsel, Toppenish, W.A. The Yakama Nation is looking for a Lead Attorney to serve as the administrative manager of director of the Yakama Nation Office of Legal Counsel, including coordinating and supervising all attorneys and other staff within the Office, and serving as the Yakama Nation’s lead legal counsel. The Lead Attorney shall provide high-quality,  culturally competent legal services to the Tribal Council and all programs and departments in a timely manner. Please see the Yakama Nation’s job announcement and application. Application closes on February 27, 2018.

Attorney II, Public Defender Office, Toppenish, W.A. The Yakama Nation Public Defender Office is looking for an attorney to provide professional legal representation and advice to Tribal member clients in Tribal, State, and Federal Court. The attorney is responsible for providing representation in a full range of legal services. The position pays $33.37/hr, and the position will remain open until filled. Please see the Yakama Nation’s application.

Sitka Tribe of Alaska

Family Law Attorney, Sitka, A.K.  The Sitka Tribe of Alaska is looking for a Family Law Attorney to provide holistic legal representation to Native American victims of domestic violence and sexual assault under the umbrella of the Sitka Tribe of Alaska Legal Department. The attorney will work collaboratively with other team members, especially project partner Sitkans Against Family Violence, to ensure holistic services for victims of domestic violence and sexual assault and their children and provide culturally sensitive and relevant services. To apply submit a cover letter, resume, writing sample, and STA job application to Anne Davis anne.davis@sitkatribe-nsn.gov or by mail to 456 Katlian St., Sitka, AK 99835. For a complete job description and application visit www.sitkatribe.org. Open until filled, first review is Feb. 26. Salary $60-85k DOE.  Full-time benefited.

Poarch Band of Creek Indians

Ethics Officer, Atmore, A.L. The Poarch Band of Creek Indians is seeking proposals for an Ethics Officer to assist its legal counsel in fulfilling its duties and responsibilities under the Poarch Band of Creek Indians Ethics Code. Proposals are due no later than 5:00PM on Tuesday, March 6, 2018.

U.S. Department of Justice

Assistant U.S. Attorney, Pierre, S.D. The U.S. Department of Justice is looking for an AUSA for the District of South Dakota to prosecute federal criminal offenses and represent the interests of the United States in civil and criminal cases. The position is full-time and pays $61,218 to $160,122 per year. Applications close on February 16, 2018.

U.S. Department of Interior

Associate Solicitor for Water Resources, Office of the Solicitor, Washington, D.C. The Associate Solicitor has primary responsibility for managing the Division of Water Resources, which includes the Branch of Water and Power and the Branch of Indian Water Rights. Management of the Division includes working with the Solicitor and the Deputy Solicitor in formulating policies of the Solicitor’s Office with respect to organization, budget, personnel, and legal activities. The position pays $164,200 to $189,600 per year. Applications close on March 2, 2018.

Indian Law Resource Center (Update)

Sidley Fellowship , Washington, D.C. The Terrance A. Sidley Fellowship is a competitive Fellowship awarded each year to a law student who shows particular promise for a career in federal Indian law and international indigenous human rights issues. The deadline for receipt of applications for summer 2018 is March 16, 2018.

Other Jobs Recently Posted:

Assistant Dean for Career Services, Michigan State University College of Law, East Lansing, Michigan (Feb. 7, 2018).

Previous Friday Job Announcements: Feb. 2, 2018.

 

EdWeek Commentary: “The Bureau of Indian Education Is Broken”

Here.

Uniformed Services Employment and Reemployment Rights Act Suit against Washoe Tribe

Here is the complaint in Simpson v. Washoe Tribe of Nevada and California (D. Nev.):

Complaint.USERRA.1.29.18

Mitchell Hamline Law Review Indian Law Symposium Issue

Here:

Volume 43, Issue 4 (2017)

“Animals May Take Pity on Us”: Using Traditional Tribal Beliefs to Address Animal Abuse and Family Violence Within Tribal Nations
Sarah Deer and Liz Murphy

Affirming a Pragmatic Development of Tribal Jurisprudential Principles
Todd R. Matha

Traditional Problems: How Tribal Same-Sex Marriage Bans Threaten Tribal Sovereignty
Marcia Zug

Close to Zero: The Reliance on Minimum Blood Quantum Requirements to Eliminate Tribal Citizenship in the Allotment Acts and the Post-Adoptive Couple Challenges to the Constitutionality of ICWA
Abi Fain and Mary Kathryn Nagle

Op Ed by Washington State Rep. J.T. Wilcox on Culverts Case

Here.

Texas Prevails over Alabam-Coushatta in Gaming Dispute

Here are the materials in State of Texas v. Alabama-Coushatta Tribe of Texas (E.D. Tex.):

74 Texas Motion for Contempt

76 Tribe Motion to Set Aside Judgment

77 Texas Response to 76

80 Tribe Reply in Support of 76

96 Texas Motion for PI

99 Tribe Motion for Summary Judgment

100 Texas Opposition to 99

103 Tribe Response to 74

104 Tribe Response to 96

105 Tribe Reply in Support of 99

106 Texas Reply in Support of 74

107 Texas Reply in Support of 96

129 DCT Order

131 Tribe Motion to Stay

MSU College of Law seeks applicants for Assistant Dean for Career Services

Here.  Applications should be submitted by February 28, 2018.  Inquiries and nominations should be directed to Prof. Mark Totten at mark.totten@law.msu.edu or (517) 432-6935.  Page 1 of the announcement is below.

CSO announcement 1

 

 

Royal v. Murphy Cert Petition (Death Penalty & Muscogee Reservation Boundaries)

Here:

Cert Petition

Question presented:

Whether the 1866 territorial boundaries of the Creek Nation within the former Indian Territory of eastern Oklahoma constitute an “Indian reservation” today under 18 U.S.C. § 1151(a).

Lower court materials here.

UPDATE:

Environmental Federation Of Oklahoma Inc Amicus Brief

OIPA Amicus Brief

US Amicus Brief Royal v. Murphy

Murphy BIO FINAL

No. 17-1107 Murphy Reply — Final

Federal Court Rejects Stockbridge-Munsee Effort to Restart Litigation against Ho-Chunk Nation Compact, Denies Motion for Sanctions

Here are the materials in Stockbridge-Munsee Community v. State of Wisconsin (W.D. Wis.):

76 motion to file amended complaint

78 wisconsin opposition

81 ho-chunk nation opposition

83 motion for sanctions

84 stockbridge-munsee reply

85 stockbridge-munsee opposition to motion for sanctions

88 dct order

Prior post here.