Turtle Talk

Fletcher on Anishinaabe Law and the Round House

May 1, 2017May 1, 2017Matthew L.M. Fletcher

Matthew Fletcher has published “Anishinaabe Law and the Round House” in the Albany Government Law Review.

Here is the abstract:

This paper addresses the Indian country criminal justice system’s difficulties through the context of the Great Lakes Anishinaabeg’s traditional customs, traditions, and laws, and their modern treatment of crime. Louise Erdrich’s The Round House expertly captures the reality of crime and fear of crime in Anishinaabe Indian country, and offers a bleak view of the future of criminal justice absent serious reform in the near future.

CBS News on Tohono O’Odham Nation Fight against Border Wall

May 1, 2017Matthew L.M. Fletcher1 Comment

Here is “Native American tribe fights Trump’s border wall.“

Ex-Tribal Treasurer Sentenced to 18 Months in Kickapoo Tribal Court

May 1, 2017Sarah M Donnelly

Download(PDF): Sentencing Order

Link: News of verdict in Topeka Capital-Journal

W.D. Michigan Dismisses Tribal Tort Claim Against Sault Ste. Marie Tribe

May 1, 2017May 2, 2017Sarah M Donnelly

Here are the briefs and order in the matter of Lesperance v. Sault Ste. Marie Tribe of Chippewa Indians, 16-cv-00232 (W.D. Mich. April 27, 2017):

Update — tribal court opinions:

T-14-01 Lesperance vs. SSMTCI

APP 16-01 Lesperance vs. SSMTCI

SCOTUS Grants Patchak v. Zinke

May 1, 2017Matthew L.M. Fletcher

Here is the order list.

Lower court materials are here.

Indian Law Symposium at the Albany Government Law Review

April 29, 2017Matthew L.M. Fletcher

Here:

Indian Title: Unraveling the Racial Context of Property Rights, or How to Stop Engaging in Conquest

Joseph William Singer

This article discusses the racial injustice faced by Native Americans, with whom land titles in the United States originated with. The author argues it is vital to interpret the Supreme Court cases of the 19th century that correctly defined Indian title, and to honor the property rights of Indian title just as we do the “fee simple of the whites”.

10 Alb. Govt. L. Rev. 1 (2017)

Indians, Race, and Criminal Jurisdiction in Indian Country

Alex Tallchief Skibine

This article argues that the classification of “Indian” for the purposes of the ICCA and the Duro fix is not “racial” even if it includes non-enrolled people of Indian ancestry. Furthermore, this article discusses the Zepeda court and how it conflicts with the first prong of the Rogers test regarding what type of blood qualifies Indian blood.

10 Alb. Govt. L. Rev. 49 (2017)

Anishinaabe law and “The Round House”

Matthew L.M. Fletcher

This article discusses the rising Indian country violent crime and novelist Lousie Eldrich’s “The Round House” which addresses modern Anishinaabe violent crime where women are violently attacked, and the failure of the federal and tribal criminal justive system to resolve the crime. This article discusses traditional and modern Anishinaabe law, how the two merge, and the problems with contemporary law enforcement mechanisms in the light of jurisidctional issues and a cultural divide.

10 Alb. Govt. L. Rev. 88 (2017)

The Doctrine of Christian Discovery: Its Fundamental Importance in United States Indian Law and the Need for its Repudiation and Removal

Joseph J. Heath, Esq.

This article discusses the doctrine of Christian discovery and how it negatively affects the rights of the Indigenous nations’ land and treaty rights. Though it is difficulty to see how the US Courts or Congress will produce favorable results given the 8-1 Sherrill decision, the author urges the continuation of work with religious and academic communities to pressure the Vatican to rescind the Papal Bulls of the 15th century and to remove the doctrine completely.

10 Alb. Govt. L. Rev. 112 (2017)

Telling Stories in Council and Court: Developing a Reflective Tribal Governance

Leah Jurss

This article discusses the incorporation of traditional story telling into tribal government and legal systems and the dichotomy of tradtional and modern systems. The author argues this approach can be implemented by tribal governments and and legal deparments to stray away from the strict American model, and head towards a new model that incorporates tribal principles yet confroms to the requirements of the Americal legal system.

10 Alb. Govt. L. Rev. 157 (2017)

Updated ICWA Appellate Page

April 28, 2017Kate Fort

We’ve updated and cleaned up the ICWA Appellate Page. We’ve also added the eight comprehensive state ICWA laws to the page.

A link to the page is now available at the top of Turtle Talk in the menu, and the address is http://www.turtletalk.wordpress.com/icwa

Friday Job Announcements

April 28, 2017April 28, 2017Sarah M Donnelly

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.

Havasupai Tribe

Appellate Judge. Would preside over appeal cases for the Havasupai Court of Appeals. Interested applicants should provide a letter of interest and a current resume to Joan Davis at rjdavis@rothsteinlaw.com.

Swinomish Indian Tribal Community

Staff Attorney. Provide legal advice, document drafting and collaboration with a wide range of Tribal policy committees, departments and entities, with work that may include contract preparation, drafting ordinances and policies, treaty hunting and fishing rights and management, environmental protection and habitat restoration, Indian gaming, housing and utilities, health care and/or social welfare programs, employment benefits or taxation.

Qualified applicants must be licensed, or have the ability to become licensed, to practice in Washington. We are seeking an energetic attorney with excellent written, oral, research and analytical skills, strong interpersonal communication and negotiation skills, and an ability to work hard and thrive in an interdisciplinary and cross-cultural environment; bring flexibility to a fast-paced and dynamic work setting; enjoy and excel at creative problem solving; have demonstrated a commitment to working with Native or other minority communities and/or restorative justice; and a commitment to reside on or near the Swinomish Reservation.

Qualified applicants must have experience or demonstrated expertise in one or more of the following: drafting and negotiating contracts; drafting statutes, policies and procedures; litigation, preferably in Federal Court; representing public or private entities; gaming regulation or operations; and Indian law, including protection of treaty rights, as well as expertise in several of the substantive fields of law listed above. Compensation DOE.

For application and complete job description please provide your contact information to Wendy Otto, 11404 Moorage Way, LaConner, WA 98257; (fax) 3601466-5309; email wotto@swinomish.nsn.us Applications will be accepted until suitable candidate is found. Applicants must pass a background check and a drug test.

Karuk Tribe

Assistant General Counsel, Yreka, CA. will work to provide legal services, representation, and advice on legal, legislative, and governance issues confronting the tribal government, its entities, and enterprises. Applications available at all Tribal Offices or on the Internet at http://www.karuk.us.

Ak-Chin Indian Community

Assistant Prosecutor. Previously posted here. Now open until filled.

Southcentral Foundation

General Counsel, Business and Intergovernmental Affairs, Anchorage, AK. provides legal advice and assistance on a variety of matters including: tribal self-governance and ISDEAA; tribal relations; business affairs; business transactions; and intergovernmental relations. This position will also assist the General Counsel, Health Care and Corporate Governance, as necessary or required. Salary DOE with excellent benefits including an employer matched 401K plan, generous paid leave 3.6 – 6.5 weeks per year, 12 paid holidays, employee medical, dental, vision, hearing and more.

Applicants must be an actively licensed member of the Alaska Bar in good standing with at least 5 years of related experience. Imagine working for an entire people, instead of a business. Southcentral Foundation can give you that job satisfaction. Come join our innovative, award winning healthcare organization expanding the frontier of healthcare.