In a complaint dated June 12, attorneys for the North Dakota Private Investigative and Security Board said the agency denied an application to James Patrick Reese, the founder of North Carolina-based TigerSwan, to become a licensed private security provider earlier this year. But Reese “and/or” the firm have “illegally continued to conduct private investigative and/or private security services in North Dakota following the denial of their application of licensure.”
HERE.
Here is the opinion in State of Kansas v. Zinke.
An excerpt:
The question in this case is whether a legal opinion letter issued by the Acting General Counsel of the National Indian Gaming Commission (“NIGC”) regarding the eligibility of Indian lands for gaming constitutes “final agency action” subject to judicial review. In response to a request from the Quapaw Tribe, the NIGC Acting General Counsel issued a legal opinion letter stating that the Tribe’s Kansas trust land was eligible for gaming under the Indian Gaming Regulatory Act (“IGRA”). The State of Kansas and the Board of County Commissioners of the County of Cherokee, Kansas, filed suit, arguing that the letter was arbitrary, capricious, and erroneous as a matter of law. The district court concluded that the letter did not constitute reviewable final agency action under IGRA or the Administrative Procedure Act (“APA”).
Exercising jurisdiction under 28 U.S.C. § 1291, we affirm. IGRA’s text, statutory scheme, legislative history, and attendant regulations demonstrate congressional intent to preclude judicial review of legal opinion letters. Further, the Acting General Counsel’s letter does not constitute final agency action under the APA because it has not determined any rights or obligations or produced legal consequences. In short, the letter merely expresses an advisory, non-binding opinion, without any legal effect on the status quo ante.
Briefs here.
Here is the unpublished opinion in Washington v. Director of the Dept. of Licensing.
An excerpt:
After losing her vehicle to the Swinomish Tribe in civil forfeiture, Washington filed this suit against the Department of Licensing and unnamed Swinomish police officers. The trial court dismissed the case under CR 19 for failure to join an indispensable party: the Tribe. We affirm.
Here are the briefs:
And here is the unpublished opinion in Scott v. Doe.
Briefs:
Slate: “Mother-Stung”
BuzzFeed News: ‘Sherman Alexie on Not Being “The Kind of Indian That’s Expected”‘
An excerpt:
Even though he was ensconced in liberal Seattle, Alexie knew how the election would go down. “My friends were mad at me, but I knew,” he said, shaking his head. “I wasn’t shocked and I’m still not shocked. It’s total exploitation, with everything up for grabs. Health care, gone. Destroy the environment in search of more profit. State-sponsored violence. Targeted incarceration. You know what’s happening, though: The whole country is becoming a reservation.”
Here are the materials in Northern Arapaho Tribe v. Lacounte (D. Mont.):
131 NAT Motion for Summary Judgment
An excerpt:
The Court affirms the BIA’s declinations of NAT’s second and third judicial services proposals, wildlife resources management proposal, and water resources management proposal. The Court reverses the BIA’s declination of NAT’s youth court proposal, to the extent that the declination improperly relied upon post-hoc justifications, and NAT’s first judicial services proposal. We remand these proposals to the BIA for reconsideration.
Prior posts here.
Here is the unpublished opinion in State v. Carpio (Ariz. Ct. App.):
An excerpt:
Manuel Carpio appeals his convictions and sentences for one count of disorderly conduct and one count of unlawful flight from a law enforcement vehicle. Carpio, a member of the Gila River Indian Community (the Community), argues the superior court did not have subject matter jurisdiction over the disorderly conduct offense because he committed it entirely within the Gila River Indian Reservation (the Reservation). He also argues the superior court did not have personal jurisdiction because he was removed from the Reservation in violation of tribal extradition procedures after he was pursued onto the Reservation following a “hot pursuit” that began in the City of Chandler (the City). For the following reasons, we vacate Carpio’s conviction and sentence for disorderly conduct and affirm his conviction and sentence for unlawful flight from a law enforcement vehicle.
Fletcher and Singel will publish “Indian Children and the Federal-Tribal Trust Relationship” in the Nebraska Law Review.
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.
Echo Hawk & Olsen, PLLC
Associate, Indian law practice group. A small firm based in Idaho with a regional Indian law practice (Idaho, Utah, Nevada, Wyoming, Arizona) dedicated to representing Native American interests is recruiting an Associate. The Associate will work closely with Mark Echo Hawk in representing multiple tribes on matters involving federal Indian law, tribal law, litigation, ISDEAA matters, treaty rights, jurisdiction, taxation, TERO, economic development, etc. Preferably the candidate has at least one year of experience practicing Indian law. Interested applicants should send the following a cover letter, resume, transcript, and writing sample to Mark Echo Hawk at mark@echohawk.com no later than June 30, 2017.
Blackfeet Tribe
In House Staff-Attorney. Will represent the Tribe in administrative and civil litigation proceedings in federal, state and tribal forums. Primarily 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. Salary will be 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.
Previous Friday Jobs Announcement:6/16/17
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