Eighth Circuit Rejects Effort to Enjoin Police Use of Dangerous Weapons at Standing Rock

Here is the unpublished opinion in Dundon v. Kirchmeier.

Briefs:

Appellant Brief

ACLU Amicus Brief

Appellee Brief

Reply Brief

Oral Argument Video in Casino Pauma v. NLRB

Here.

Briefs here.

Interior Office of Inspector General Criticizes Indian Affairs Loan Guarantee Program

Here.

Montana SCT Affirms Constitutionality of CSKT Water Rights Compact

Here is the opinion in Flathead Joint Board of Control v. State.

Briefs:

Board brief

State brief

Tribe brief

Board reply

State reply

Fletcher Paper on States and American Indian Citizenship Rights (+ ICWA)

Here is “States and Their American Indian Citizens,” recently published in the American Indian Law Review.

An excerpt:

This article is intended to provide a theoretical framework for tribal advocates seeking to approach state and local governments to discuss cooperation with Indian nations, with a special emphasis on Indian child welfare. While the federal government has a special trust relationship with Indians and Indian nations, Indian people are also citizens and residents of the states in which they live. Thus, states have obligations to Indians as well.

This article posits the fairly controversial and novel position that states have obligations to guarantee equal protection to all citizens, including American Indians (and non-Indians) residing in Indian country. In other words, states have an affirmative obligation to ensure that reservation residents, Indian and non-Indian, receive the same services from states that off-reservation residents receive.

NYTs: “Vast Indigenous Land Claims in Canada Encompass Parliament Hill”

Here.

CNN: “The forgotten minority in police shootings”

Here.

An excerpt:

Native Americans are killed in police encounters at a higher rate than any other racial or ethnic group, according to data from the Centers for Disease Control and Prevention. Yet rarely do these deaths gain the national spotlight.

Press Release and Coverage Regarding Texas v. Zinke (ICWA Challenge)

California Tribal Families Coalition, News Release Tribal Coalition Urges Attorneys General to Protect Tribal Children

A coalition of California tribes and leaders today urged state attorneys general across 18 states and U.S. territories to stand with tribes in support of the Indian Child Welfare Act (ICWA) as it faces an outrageous legal challenge that seeks to unwind decades of critical legal protections for tribal children and families.

The letter sent on November 4, 2017 by the Sacramento-based California Tribal Families Coalition to the Conference of Western Attorneys General comes on the heels of an Oct. 25th federal lawsuit filed by the State of Texas and two foster care parents challenging the constitutionality of the ICWA.

California Daily Journal, Critics Distort Indian Child Welfare Law.

Law 360, New Indian Child Welfare Act Challenges On The Horizon

The Texas v. Zinke documents are here.

 

(I have seen and am choosing not to post the recent National Review op-ed by Tim Sandefur.)

 

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.

Ho-Chunk Nation

Tribal Prosecutor (originally posted 9/8/17), Black River Falls, W.I. The position hours are Monday-Friday 8 AM-4:30 PM. Pay depends on qualifications. Interested applicants should submit an application, resume, and transcripts if they are within 2-5 years of graduating law school. Applicants may visit the Ho-Chunk nation website to apply.

DNA-People’s Legal Services

Attorney vacancies, various locations in A.Z. and N.M. (some originally posted 9/8/17)

Snoqualmie Indian Tribe

Staff Attorney. Provides legal advice, representation, and services regarding a broad range of matters arising in the operation of the Snoqualmie Tribal Government and its various departments, subject to the direction and oversight of the In-House Tribal Attorney. This is an exempt position that reports to the In-House Tribal Attorney. Closes Saturday, December 2, 2017.

Port Gamble S’Klallam Tribe

Public Defender(RFP), Kingston, W.A. Seeking proposals from qualified candidates to provide Public Defender services in criminal matters within the jurisdiction of the Port Gamble S’Klallam Tribal Community Court. The Public Defender shall assist individuals understand the criminal charges filed, possible outcomes of those charges, the procedures the court is required to follow and to represent defendants throughout the process. The Public Defender must be licensed to practice law in Washington State or eligible as a Rule 9 and under the direction of a supervising attorney. Proposals due by 4:30 PM PT on Tuesday, December 5, 2017.

Lower Brule Sioux Tribe

Prosecuting Attorney, Lower Brule, S.D. Represent the Tribe in prosecution of adults committing criminal acts within tribal jurisdiction, including fish and wildlife offenses.

Bora Laskin Faculty of Law at Lakehead University

(3) Faculty Positions, Indigenous and Aboriginal Law, Northern Land Use Law, Thunder Bay, O.N. Candidates will be appointed as Full, Associate or Assistant Professors, depending on qualifications, teaching, and research experience. These appointments will commence in the summer of 2018 and offer excellent opportunities to join Ontario’s newest law school and contribute to its unique focus on the legal issues of Northern Ontario.

Pascua Yaqui Tribe

Deputy Prosecutor, Tuscon, A.Z. Provide professional legal services of considerable difficulty in criminal and juvenile prosecution, some child-welfare (custodial) litigation and occasionally may assist the Chief Prosecutor with managing the Prosecutor Office.

Columbia Riverkeeper

Staff Attorney, Hood River, O.R. Responsible for working with Riverkeeper’s legal team and other staff to develop and execute Riverkeeper’s legal and policy work, including representing Riverkeeper in litigation and administrative processes. The Staff Attorney work plan will focus on deepening Riverkeeper’s relationship and solidarity work with Columbia River tribes and tribal organizations. Application deadline is Monday, December 4, 2017.

National Indian Gaming Commission

Summer 2018 Interns, Washington D.C. NIGC’s internships are highly competitive. Interns are selected on the basis of their overall applications. Due to the nature of NIGC’s practice, experience or demonstrated interest in Indian law or a background in Indian affairs or gaming is highly desirable. Deadline is Friday, December 1, 2017.

Other jobs posted this week:

Contractual Evaluator(RFP), Grand Traverse Bands of Ottawa and Chippewa (11/6/17)

Previous Friday Job Announcements11/3/17

United States Files Cert Opposition in Great Plains Lending v. CFPB

Here:

US Cert Opp Brief

Cert petition here.