Sarah Deer on Improving the Federal Response to Sexual Violence in Indian Country

Matthew L.M. Fletcher

Sarah Deer has Published “Bystander No More? Improving the Federal Response to Sexual Violence in Indian Country” in the Utah Law Review.

Here is the abstract:

For better or worse, the federal government has taken responsibility for providing for the protection of Native people. So long as the federal government refuses to allow tribes to govern themselves completely and independently, it is imperative that the federal government enact policies empowering Native survivors of sexual assault. The federal government must do more to protect tribal members from sexual predators, to safeguard reservations not only from career criminals but also to ensure that federal agencies like the Bureau of Indian Affairs and the Indian Health Services do not hire men with a history of violence against women or children. Further, when attacks do occur, the federal government must investigate and prosecute these crimes in a timely manner.

Highly recommended.

NYTs Op-Ed: “The Rush to Develop Oil and Gas We Don’t Need”

Matthew L.M. Fletcher

By Jim Lyons, here.

An excerpt:

Imagine the businessman Donald Trump putting his real estate up for sale when the market was near the bottom. That’s the equivalent of what President Trump is doing with the oil and gas on our public lands. His misguided move to increase production in a soft energy market is bad for government revenues, not necessary for national security and likely to damage natural resources that millions of Americans use and enjoy.

Idaho Federal Court Holds Tribe’s Effort to Enforce Tribal Judgment Must Be Dismissed Unless Tribe is Seeking an Order on Tribal Court Jurisdiction

Matthew L.M. Fletcher1 Comment

Here are the materials in Coeur d’Alene Tribe v. Hawks (D. Idaho):

1 Complaint + Exhibits

6-1 Motion to Dismiss

10 Response

12 Reply

16 DCT Order

An excerpt:

But here, the Hawks have not challenged the Tribal Court‘s jurisdiction to make the award, and the Tribe has not sought a declaratory judgment that its courts had jurisdiction over the Hawks. Instead, the Tribe is simply asking a federal court to domesticate and enforce a Tribal Court Judgment. While such a claim has a basis in Idaho law and can be enforced in Idaho courts pursuant to Idaho Code § 10-1401 et. seq., the Tribe cites no federal statute or law that is in dispute and that could be used to create a federal question.

Chinook Indian Nation Sues for Federal Recognition

Matthew L.M. Fletcher1 Comment

Here is the complaint in Chinook Indian Nation v. Zinke (W.D. Wash.):

1 Complaint

Virginia Federal Court Confirms Immunity of Tribal Sovereign Lending Entity

Matthew L.M. Fletcher

Here are the materials in Howard v. Plain Green (E.D. Va.):

14 Motion to Dismiss

18 Response

19 Reply

21 Magistrate Report

22 DCT Order

“University of Ottawa law school gets Indigenous elder in residence”

Matthew L.M. Fletcher

Here.

Dang! — ‘Meet John Smelcer, Native American Literature’s “Living Con Job”’

Matthew L.M. Fletcher

Here, from the Stranger in Seattle.

Update:

LA Times article

Seattle Times Editorial Board Supports WA’s Cert Petition in Culverts Case

Ann Tweedy1 Comment

Here. Previous coverage is here.

Tenth Circuit Hands Ute Tribe a Pair of Jurisdictional Victories in Dispute with Former Contractor

Matthew L.M. Fletcher1 Comment

Here are the materials in Ute Indian Tribe v. Lawrence:

Opinion

Opening Brief

Lawrence Answer Brief

Becker Answer Brief

Reply

Here are the materials in Becker v. Ute Indian Tribe:

Opinion

Opening Brief

Lawrence Answer Brief

Becker Answer Brief

Reply

Prior posts here.

 

Friday Job Announcements

Sarah M Donnelly1 Comment

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.

Oglala Sioux Lakota Housing

Chief Executive Officer, Pine Ridge, N.D. Closes September 15, 2017, at 4:30PM.

Pascua Yaqui Tribe

Deputy Public Defender, Tuscon, A.Z. provides representation to adults and juveniles, charged with criminal offenses, in the Pascua Yaqui Tribal Court. This representation includes court appearances, investigation, preparing and arguing motions, conducting bench, jury trials, and appeals. To apply, please visit our website or contact Alyssa Preciado or Ruben Valenzuela at (520) 883-5040.

Sac & Fox Tribe of the Mississippi in Iowa

Clerk of the Tribal Court, Tama, I.A. Responsible for administration of the Trial Court and the Court of Appeals for the Meskwaki Tribal Court and for such other administrative and ministerial duties prescribed by the Code or assigned to her/him by the Meskwaki Tribal Council or the Chief Justice. This position is open until filled.

Navajo Nation Department of Justice

Attorney, Litigation and Employment Unit. Will focus on litigation for the Navajo Nation government before federal, Navajo Nation, and state courts and administrative tribunals in a variety of subject areas, including natural resources, public safety, and jurisdictional issues, with some work with Navajo Nation government programs advising and representing programs on labor and employment matters. Open until filled.

Last Friday Job Announcement: 8/18/17