Here is “Shielded by Sovereignty: The Impact for Patentees of Covidien v. University of Florida Research Foundation” by Matt Rizzolo, Samuel L Brenner, Andrew J Sutton, and Michael Gershoni.
Upper Skagit Cert Petition in In Rem Tribal Immunity Matter
Here is the petition in Upper Skagit Indian Tribe v. Lundgren:
Question presented:
Does a court’s exercise of in rem jurisdiction overcome the jurisdictional bar of tribal sovereign immunity when the tribe has not waived immunity and Congress has not unequivocally abrogated it?
Lower court materials here.
UPDATE:
Federal Court Issues Split Decision in Flandrea Santee Sioux — South Dakota Tax Dispute
Here are the materials in Flandreau Santee Sioux Tribe v. Gerlach (D. S.D.):
117 Flandreau Motion for Summary J
An excerpt:
1. The Tribe’s Motion for Summary Judgment, Doc. 115, is GRANTED to the extent that:
a. The State cannot impose a use tax on nonmember purchases of goods and services as to the Casino’s slots, table games, food and beverage services, hotel, RV park, live entertainment events, and gift shop (claim one).
2. The Tribe’s Motion for Summary Judgment, Doc. 115, is DENIED as to the following:
a. The State can impose a use tax on nonmember purchases of goods and services at the Store (claims one and three).
b. The State’s use tax on nonmember purchases of goods and services at the Store is not discriminatory (claim four)
3. The Defendants’ Motion for Summary Judgment, Doc. 78, is GRANTED to the extent that:
a. The State’s use tax on nonmember purchases of goods and services at the Store is not preempted by IGRA (claim one).
b. The State’s use tax on nonmember purchases of goods and services at the Store is not discriminatory (claim four).
c. The collection and remittance of taxes on nonmember consumer purchases at the Store are not preempted by federal law and do not infringe on tribal sovereignty (claims two and five).
4. The Defendants’ Motion for Summary Judgment, Doc. 78, is DENIED as to the following:
a. The State cannot impose a use tax on nonmember purchases of goods and services as to the Casino’s slots, table games, food and beverage services, hotel, RV park, live entertainment events, and gift shop (claim one).
b. The State cannot condition renewal of the Tribe’s beverage license on the collection and remittance of a use tax on nonmember consumer purchases (claims six and eight).
5. The State does not have jurisdiction to assess a use tax on nonmember purchases at the Casino’s slots, table games, food and beverage services, hotel, RV park, live entertainment events, and gift shop. However, the State does have jurisdiction to assess a use tax on nonmember purchases at the Store (claim seven).
6. Each party requested declaratory relief. Tribal sovereign immunity is jurisdictional in nature. This Court has no jurisdiction due to tribal sovereign immunity to order the ‘payment to the State from the escrow funds held pursuant to the Deposit Agreement. The Tribe, however, agreed in the Deposit Agreement that those funds would be held by the escrow agent pending the outcome of this lawsuit. Accordingly, the escrow agent may now, subject to any stay granted pursuant to an appeal, pay the funds held in escrow to the Tribe and to the State in their respective shares under the guidance provided by this declaratory judgment.
California Court of Appeals Holds Contract Breach Claim Preempted by IGRA
Here is the opinion in Sharp Image Gaming v. Shingle Springs Band of Miwok Indians (Cal. Ct. App.). An excerpt:
We conclude that IGRA preempts state contract actions based on unapproved “management contracts” and “collateral agreements to management contracts” as such agreements are defined in the IGRA regulatory scheme. Thus, the trial court erred by failing to determine whether the ELA and the Note were agreements subject to IGRA regulation, a necessary determination related to the question of preemption and the court’s subject matter jurisdiction. We further conclude that the ELA is a management contract and the Note is a collateral agreement to a management contract subject to IGRA regulation. Because these agreements were never approved by the NIGC Chairman as required by the IGRA and were thus void, Sharp Image’s action is preempted by IGRA. Consequently, the trial court did not have subject matter jurisdiction.
Briefs here.
NYTs: “Traditions Revived at a Tribal Culture Camp” [Yurok Tribe]
Here.
NYTs Profile of the Problem of Michigan Charter Schools — Betsy DeVos Wants to Help Her Friends to Get Rich Robbing Michigan Taxpayers of their Education Money
Here is “Michigan Gambled on Charter Schools. Its Children Lost.”
An excerpt:
When I later spoke to Newland, pointing out the cultural and geographical chasm between B.M.C.C. and the downstate, urban neighborhoods so many of their charters served, he shot back that Indians knew poverty as well anyone. “It’s a different stage for the same play,” he told me. “I think we understand it very well.” Were he “designing an education system from scratch,” Newland continued, he’d make funding levels the same for every district and pay teachers “like the white-collar professionals that they are.” But he wasn’t, so he supported charter schools. Unlike Parish, Newland was willing to discuss DeVos. “I learned at a relatively young age not to ascribe malice to people as a motivation,” he said. “I think when she says, ‘I care about having our kids learn,’ I believe that.” But, Newland went on: “She didn’t go to public school. Her kids didn’t go. My guess is she doesn’t hang out with a lot of people who know what it’s like going to a school with 50 percent people of color. And I haven’t seen evidence that she’s taken the time to learn.”
R.I.P. Harry Dean Stanton
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 job posted on Turtle Talk, please email indigenous@law.msu.edu.
Fredericks Peebles & Morgan LLP
2018 Summer Law Clerks. Fredericks Peebles & Morgan LLP (“FPM”) is a nationwide firm dedicated to the practice of Federal Indian Law. FPM represents Native American tribes and organizations in a wide spectrum of areas including business transactions, litigation, and governmental affairs. FPM is seeking applications from second year law students for 2018 Summer Law Clerks for offices in Louisville, Colorado; Omaha, Nebraska; and Sacramento, California. Applicants must be enrolled in an ABA accredited law school. Experience or coursework in tribal and Federal Indian Law is required and/or preferred at most FPM office locations. Applicants must also possess excellent analytical, research and communication skills, and the ability to work well independently and as a team member in a fast-paced environment. FPM offers a competitive hourly wage for a 10 – 12-week summer position.
Applicants should e-mail a cover letter, resume, a writing sample, and law school transcripts to Ann Hacker at ahacker@ndnlaw.com no later than September 30, 2017. The cover letter must indicate preference for each FPM office location by completing the chart below (i.e.: #1 is for the top location preference followed by 2, 3, etc. If you are not applying for consideration at a particular office location please note N/A). The cover letter should be addressed to Ann Hacker. If your preferred office location includes our Colorado office a separate cover letter needs to be addressed to the attention of Thomas W. Fredericks.
| Louisville, CO | |
| Omaha, NE | |
| Sacramento, CA |
Department of Justice
Assistant United States Attorney, District of Colorado. The U.S. Attorney’s Office is currently interviewing for an Assistant United States Attorney to serve in Durango, Colorado, as part of the Criminal Division. Closes Tuesday, September 26, 2017.
National Indian Child Welfare Association
Executive Communications Manager, Portland O.R. responsible for promoting NICWA’s public image and visibility through a variety of communications media and provides communications support to the executive director and NICWA staff. Closes Monday, October 2, 2017.
Central Council of Tlingit and Haida Tribes of Alaska
Appellate Court Administrator, Juneau, A.K. Responsible for developing and managing the Appellate Court expansion project for the Tlingit & Haida Tribal Court, which will include code drafting, hiring and administratively supervising consultants for drafting statutes, policies and procedures; working closely with the Judiciary Committee and Judges; and providing administrative support for the development of the Tlingit & Haida Trial Courts and other Southeast Alaska Tribal Courts.
National Indian Gaming Commission
FOIA Officer, Office of the General Counsel, Washington, D.C. Oversees the Commission’s Freedom of Information Act (FOIA) and Privacy Act (PA) program. Responsible for directing the work of the FOIA office staff and developing program policy. Closes Thursday, October 5, 2017.
Ain Dah Yung Center
Indian Child Welfare Compliance Monitor, St. Paul, M.N. Provides court monitoring, education and outreach, and advocacy to ensure court compliance.
Sonosky Chambers Sachse Miller & Monkman, LLP
Attorney, Anchorage, A.K. The Sonosky Chambers firm specializes in representing Native American interests in a wide range of work involving tribal sovereignty and self-governance, health care, complex litigation, appellate and Supreme Court work, legislative affairs, and a wide range of additional matters. Additional information about our firm is available at www.sonosky.com. Interested applicants should have strong credentials and a commitment to representing Native American interests. One to four years’ experience is preferred but all qualified applicants will be considered. Please send a letter of interest, resume, writing sample and transcripts to sue@sonosky.net. All applications will be kept confidential.
Blackfeet Tribe
Staff Attorney, Browning, M.T. Responsible for general litigation matters, employment relations, legislative advocacy, and assisting tribal programs. It is preferred that an applicant have at least five (5) years experience in the practice of law. The applicant must be licensed in the State of Montana and produce a Certificate of Good Standing with the Montana State Bar. The applicant should have demonstrated interest and knowledge of federal Indian Law, administrative law, and trial advocacy. The position requires personal integrity and the ability to produce timely and accurate written work. Full-time with salary negotiable. Applicant must submit to a criminal background check and pass a pre-employment drug screen. Please send a resume, three (3) references and a short writing sample to Blackfeet Legal Department, P. O. Box 849, Browning MT 59417 7777 or email blackfeetlegal@gmail.com. The position will remain open until filled. If you have questions or need further information, please contact the Blackfeet Legal Department at (406) 338-7777.
Alaska Native Tribal Health Consortium
Tribal Health Attorney, Anchorage, A.K. The Alaska Native Tribal Health Consortium anticipates expanding it legal team to support new and exciting initiatives to improve health care quality and access for Alaska Native patients and communities. We are seeking additional legal expertise to assist with new and developing partnerships and transactions, health care and medical staff issues, personnel matters, information technology and security issues, and regulatory compliance.
Ideal candidates will have at least seven years of experience in health law or another relevant field; an understanding of “Indian law,” the intersection between medical staff and employment issues, and government contracting; demonstrated experience working for complex clients in a team-oriented environment; exquisitely good judgment; and the ability to reconcile competing legal principles to assist ANTHC in finding innovative ways to achieve its vision that “Alaska Natives are the healthiest people in the world.”
The Consortium works with Alaska’s Tribal health organizations and over 229 federally recognized Tribes to administer the Alaska Tribal Health System. The Consortium partners with Southcentral Foundation to co-manage the 150+ bed Alaska Native Medical Center, which is a Level II Trauma Center and has achieved Magnet status in recognition of nursing excellence. ANTHC also provides community and environmental health services; constructs health clinics and water and sanitation systems in rural Alaska; develops and deploys telehealth technology; administers an epidemiology center; develops training for allied health providers; and provides technical assistance and support to other members of the Alaska Tribal Health System.
The Consortium’s main office is located in Anchorage, Alaska. In accordance with federal law, ANTHC applies Native Preference in hiring and contracting. Learn more about ANTHC at http://www.anthctoday.org/ and ANMC at http://www.anmc.org/. For more information, please direct inquiries and resumes to Nacole Heslep, General Counsel at ndheslep@anthc.org with “Tribal Attorney B” in the subject line.
Previous Friday Job Announcements: 9/8/17
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