Settlement Protects Religious Rights For Hawaiian Prisoners

Links: Civil Beat article by Rui Kaneya, previous posts

Download(PDF): Doc. 778-1 Memo Points and Authorities in Support of Motion for Preliminary Approval of Class Settlement Agreement Reached by Counsel on May 14 2015 and Request to Set Fairness Hearing

From the docket report: 02/06/2017 869 EP: Confirmation Hearing Re: Settlement held. Settlement approved. Order to be issued. (Court Reporter Debi Read.) (JUDGE LESLIE E. KOBAYASHI)(wnn, )

NCJFCJ Opening for Site Manager with Tribal Experience, Open Until Feb. 20

The National Council of Juvenile and Family Court Judges (NCJFCJ) has posted an opening for a site manager with substantial experience working with tribes and tribal courts. Applications will be accepted until February 20.

For the complete job description click here

The Child Abuse and Neglect’s multi-disciplinary and highly dedicated team directs its work on helping judges improve court and systems’ handling of child abuse and neglect cases. The Site Manager position requires a unique blend of knowledge, skills, and abilities. This position will work primarily with tribes/tribal courts, but also can be tasked to work with other types of courts (e.g., dependency, delinquency, juvenile drug courts, dual status, etc.) as needed. The Site Manager will be required to build a substantial knowledge base around private and public funded projects that focus on improving court practice in child abuse and neglect cases; implement the principles of collaboration among court, agencies, and community; develop content expertise on issues common across system-involved children and families (e.g., trauma, substance abuse, etc.); and have experience and knowledge in the juvenile justice and dependency systems and especially in tribal court systems. This position will work as a member of the broader project court team, as well as perform collaborative planning and decision-making with other staff and projects across the organization.

Strong emphasis is placed on the following experience and abilities:
  • Providing public presentations and/or on-site technical assistance to tribal and state courts
  • Independent thinking and analytical skills, as well as a demonstrated ability to quickly synthesize complex information
  • Writing policy briefs and papers
  • Working collaboratively with partners and system representatives
  • Substantial experience working with tribes and tribal courts
  • Experience and knowledge of delinquency, or domestic violence systems; ICWA and VAWA highly desirable

The NCJFCJ is also hiring for the following positions:

Judge-in-Residence

Program Specialist

Details for all positions available here

Dept. of Army Issues Notice to Congress of Intent to Grant Easement to Dakota Access

Here:

Dakota Access Pipeline Notification

News coverage.

Notice Filed in District Court Case

Exhibit 1 (Notice to Congress)

Exhibit 2 (Memorandum of Compliance with Presidential Memorandum)

Exhibit 3 (Notice of termination of EIS)

Dakota Access Must Defend Delay in Reporting Cultural Site, Route Adjustment

Downloads(PDF) in the matter of Public Service Commission v. Dakota Access, LLC:

According to the complaint, on October 17, 2016, there was an unanticipated discovery of cultural materials. Dakota Access flagged the area and started construction on a route adjustment without filing the appropriate paperwork. The route adjustment wasn’t discovered until an inspection October 21, 2016.

Ahniwake Rose: “Why Aren’t We Talking About Native American Students?”

From Education Week, here.

An excerpt:

It’s more than a little upsetting that in more than three hours of testimony before Congress on her nomination to be the new U.S. secretary of education, neither Betsy DeVos nor the members of Congress grilling her said anything—not a single word—about a cohort of more than a half-million American students who will fall under the Department of Education’s remit.

That group? Native American students.

Keith Harper: “The Importance of Judicial Contempt Proceedings in a Trump Era”

From Just Security, here.

An excerpt:

This brings us back to the peculiarities of President Trump and his administration.  The United States has a long history, going back to Marbury v. Madison, of courts deciding what the law is and enforcing lawful decisions.  And other than the occasional aberration such as President Andrew Jackson’s refusal to enforce the decision of Chief Justice John Marshall in the Cherokee Nation cases in the early 1830s, judicial decrees have reigned supreme, and through their regular and systematic enforcement established this as a nation governed by the rule of law. That system of rules and norms is a critical stabilizing force for sound democratic governance.

 

Two New Symposium Issues on Indigenous Law

Here is the symposium from the McGill Law Journal:

Indigenous Law and Legal Pluralism
ARTICLES
not availableIntroduction: Moving from the Why to the How of Indigenous Law
Fraser Harland 721
Val Napoleon and Hadley Friedland 725
Robert YELḰÁTTE Clifford 755
John Borrows 795
Aaron Mills 847
Sébastien Grammond et Christiane Guay 885
Geneviève Motard 907
Kirsten Manley-Casimir 939
Lara Ulrich and David Gill 979

Here is the symposium from the Windsor Yearbook of Access to Justice:

VOL 33, NO 1 (2016): WINDSOR YEARBOOK OF ACCESS TO JUSTICE

Special Issue: Indigenous Law, Lands and Literature

Continue reading

Interior Solicitor’s Memo Opinions Issued Before Leaving Office

Downloads(PDF):

Opinion Regarding the Status of Mineral Ownership Underlying the Missouri River within the Boundaries of the Fort Berthold Reservation (1/18/2017)

Authority to Acquire Land into Trust in Alaska (1/13/2017)

New Scholarship on the Sixth Circuit’s NLRB Tribal Jurisdiction Cases

Riley Plumer has published “Overriding Tribal Sovereignty by Applying the National Labor Relations Act to Indian Tribes inSoaring Eagle Casino and Resort v. National Labor Relations Board” in Law & Inequality.

 

Association on American Indian Affairs Job Announcement

The Association on American Indian Affairs, a national American Indian advocacy nonprofit, is seeking a qualified individual for the position of Executive Director. We seek candidates with strong backgrounds in non-profit management and fund-raising, as well as experience working in Indian Country.

As the chief operating officer, the candidate must possess significant fundraising, administrative and programmatic experience, have excellent writing and public speaking skills and knowledge about American Indian affairs. Salary depends on experience and qualifications. Applications are due February 17, 2017.  To apply, please submit a cover letter of interest and resume, including three references, in confidence to Chair, Board Search Committee at  aaiajobsearch@gmail.com or to 966 Hungerford Drive, Suite 30-A, Rockville, MD 20850. Further information about AAIA can be found at www.indian-affairs.org and a full job description is available at http://indian-affairs.org/about/docs/AAIAExecDirectorJobDescription.pdf