Eighth Circuit Rejects Challenge to North Dakota Jury Selection Process (No Native Jurors, Usually)

Matthew L.M. Fletcher

Here is the opinion in United States v. Garcia.

The syllabus:

Defendant failed to avail himself of the 
   right to inspect jury selection records, and the district court did not 
   err in failing to order sua sponte that those records be made available to 
   him; claim that the jury did not represent a fair cross section of the 
   community and that the jury selection process used by the district court 
   improperly excluded Native Americans from the venire is rejected; this 
   court has previously upheld North Dakota's jury selection plan, which 
   draws its pools of prospective jurors randomly from lists of persons who 
   voted in the last presidential election; jury administrator's testimony 
   that there were not usually one or two Native Americans on the potential 
   jury panel did not constitute a prima facie showing that Native Americans 
   have been substantially under-represented on venires over a significant 
   period of time.

 

Interior Solicitor Opinion on Lumbee Federal Recognition Process

Matthew L.M. Fletcher

Here is opinion M-37040.

In short, 1989 opinion overruled. 

President Designates Bears Ears A National Monument

Kate Fort

President Obama’s statement

President Begaye’s statement

Department of Interior’s Press Release

NARF Press Release

Intertribal Coalition twitter feed

High Country News coverage

Navajo Tax Attorney Posting

Matthew L.M. Fletcher

Here:

2016-12-19-jva-tax-attorney-ontc

 

 

Eighth Circuit Holds New Town is “Indian Country”

Matthew L.M. Fletcher

Here is the opinion in United States v. Bear.

The court’s syllabus:

Defendant's argument that New Town, where his 
   crime occurred, is not part of the Fort Berthold Reservation is rejected, 
   and the district court did not err in determining that defendant was 
   properly subject to federal prosecution.

Forest Service Taking Comments on Reissuing Line 5 Permits in Wisconsin

Kate Fort

Project details are here. The USFS is taking public comments through January 6.

Line 5, of course, is the pipeline that runs under the Straits of Mackinac. Additional information is here.

Friday Job Announcements

Sarah 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.

Port Gamble S’Klallam Tribe

RFP for tribal prosecutor, proposals will be accepted until January 31, 2017.

Department of the Interior

Senior Advisor (Tribal Relations), Office of the Secretary, Arlington, VA. Closes 1/4/2017.

Senior Advisor (Tribal Relations), Status Applicants. Closes 1/4/2017

Advisor for Tribal Relations, Office of the Secretary, Arlington, VA. Closes 1/5/2017.

Advisor for Tribal Relations, Status Applicants. Closes 1/5/2017.

Department of Justice

Grants Management Specialist (Senior Tribal Policy Advisor), Office of Juvenile Justice and Delinquency Prevention, Washington D.C.

Michigan Indian Legal Services

Summer Legal Interns, Traverse City, Southwest Michigan, and Sault Ste. Marie.

California SCT Rules against Immunity for Tribal Sovereign Lenders

Matthew L.M. Fletcher

Here is the opinion in People ex rel. Owens v. Miami Nation Enterprises.

We posted briefs here.

Student Scholarship on Cross-Border Affirmative Action

Matthew L.M. Fletcher

Here:

An Indian by Any Other Name: Cross-Border Affirmative Action
Forthcoming, 92 N.Y.U. L. REV. (2017)
Raymond J. Fadel
New York University (NYU), School of Law, Students
Date Posted: December 08, 2016

Tribal Tax-Exemption Win in Washington Supreme Court

Ann Tweedy4 Comments

The Washington Supreme Court has upheld a state law allowing tribal fee lands used for economic development projects to be exempt from state taxes provided that the tribe pays a payment in lieu of tax. (PILT). The case concerned Muckleshoot-owned lands and Muckleshoot filed an amicus brief in the case. Here is the opinion in City of Snoqualmie v. King County Executive Dow Constantine.