Jeff Davis to Join Private Practice

Jeff Davis, a member of the Turtle Mountain Band of Chippewa Indians and the tribal liaison for the Western District of Michigan, has decided to leave the United States Attorney’s Office in Grand Rapids for private practice. Here is his letter to tribes announcing his departure:

Jeff Davis Letter

Jeff has been the tribal liaison for the Western District of Michigan for many years. Long before the Indian Law and Order Commission (of which he was a member), the Michigan Tribal-State-Federal Judicial Forum (of which was also a participant), and VAWA (which he has been instrumental in implementing), Jeff was one of the relatively few AUSAs in the country who took Indian country crime seriously. Well, he was one of the first and often only tribal liaisons west of the Mississippi for many years. He leaves an important legacy for the next tribal liaison in GR.

We wish Jeff luck in his new endeavors. Miigwetch is the right way to say thanks and chi-miigwetch is the way to say many thanks, but neither captures the amount of gratitude Indian country owes Jeff Davis.

American Indian Law Journal Volume 6, Issue 1

Here:

Volume 6, Issue 1 (2017)

Articles

Quileute & Quinault response to request for rehearing/rehearing en banc in ocean U&A case

Here is Quileute & Quinault’s response, addressing issues such as whether the Stevens treaties must be read together, the meaning of “fish” and whether U&As are species-specific, the proper use of the canons of construction, and what we know of the treaty negotiations at issue here.

Previous coverage here.

Wisc. Court of Appeals Affirms Dismissal of DNR Claims

Here are the materials in the matter of Wisconsin Department of Natural Resources v. Timber and Wood Products Located in Sawyer County et al, 2017AP181 (Dec. 19, 2017):

Upcoming ASU ILP Events

The Indian Legal Program at ASU College of Law presents:

Struggles in Federal Indian Law: Alaska Native Rights and the Katie John Litigation CLE Lecture

Jan 25, 2018 – 4:30 -6:00 pm / Beus Center for Law & Society / 11th Annual William C. Canby Lecture

Robert T. Anderson
Director, Native American Law Center, University of Washington 
Professor of Law, University of Washington 
Oneida Indian Nation Visiting Professor of Law, Harvard Law School

Free and open to the public.  Public reception to follow.  This will qualify for 1 general CLE credit.  More info & RSVP at:  https://law.asu.edu/canby

Unable to attend in person? View live/archived webcast at law.asu.edu/Canby2018. Link to Canby lecture flyer.

Wiring the Rez:  Innovative Strategies for Business Development via E-Commerce
The Fourth Annual Tribal Government E-Commerce Conference presented by the Indian Legal Program at ASU LAW

Thursday February 1- Friday 2, 2018  8 a.m. – 5:00 p.m.
Gila River Wild Horse Pass Hotel & Casino, Chandler, AZ

E-Commerce opportunities have created thriving economies on a few reservations, but they have also led to a complicated web of legal issues where state, tribal, and federal laws, policies, and interests can collide. Current tribal efforts to successfully operate ongoing endeavors, and to launch new ones, raise complicated economic and legal issues.

The goal of this conference is to explore the issues surrounding the development of Tribal Digital Sovereignty and E-Commerce in Indian Country including: jurisdictional complexities and the necessity of fostering open dialogue with federal and state counterparts, the changing political landscape, the possible implications to tribal sovereignty, and the ongoing need for tribes to finance and build infrastructures that facilitate economic growth on their reservations while complying with appropriate federal and state guidelines. Attorneys, financiers, scholars, iGaming, tax and cyberspace experts, and tribal entrepreneurs will share strategies and practical implementations of diverse business models of current and for future e‑commerce/infrastructure enterprises.

Conference Keynote and Featured Speakers:

  • Neal K. Kaytal, litigator, Partner with Hogan Lovells and Paul and Patricia Saunders Professor of National Security Law Georgetown Law (tentative)
  • Winona LaDuke, activist and Executive Director of Honor The Earth
  • Chris James, President and CEO of National Center for American Indian Enterprise Development.
  • Gary Davis, President and CEO of Native American Financial Services Association

Focus areas:  Shifting political landscape, financing the Wiring of the Rez, corporate formation models, regulatory & tax issues, cyber-security, sports betting, and innovative entrepreneurship. Early registration ends Jan 5.   Register early to save!   http://events.asucollegeoflaw.com/ilp-wiringtherez/

Non-profit and tribal governments rates available.  Agenda download

Tenth Circuit Dismisses Caddo Sacred Sites Dispute with Wichita for Mootness

Here is the opinion in Caddo Nation of Oklahoma v. Wichita and Affiliated Tribes.

Materials here.

Attorney for Menominee Tribe Nominated for WI State Bar Position

Here.

Ninth Circuit Briefing in A.D. v. Washburn (Goldwater Litigation)

Here is the case page.

20_Opening Brief_09-01-2017

40_AZResponse

41_GilaNavajoResponse

42_USResponse

And yes, the case caption should eventually change–Carter et. al. v. Tahsuda et. al. is how the U.S. brief is captioned.

Ninth Circuit Judge Alex Kozinski to Immediately Retire

From WaPo, here.

New Amended Complaint in ICWA Suit Texas (Brackeen) v. Zinke

The plaintiffs in the ICWA suit out of the federal court in Texas asked for time to file an amended complaint. It’s here. Case page is here.

Additional state parties are Indiana and Louisiana. Additional children involved are from White Earth and Ysleta del sur Pueblo.

A word of warning–I swore at the complaint by paragraph 4.

ETA: This interesting (related?) article out of Indiana: DCS Director ResignsÂ