Here.
538: “Clinton And Trump Are Both Promising An Extreme Supreme Court”
Here.
Second Circuit Briefs in Challenge to New York Oneida Trust Land Acquisition
Here are the briefs in Central New York Fair Business Assn. v. Jewell:
Lower court materials here.
Native American Law Library Bulletin (7/29/2016)
Here:
The National Indian Law Library added new content to the Indian Law Bulletins on 7/29/16.
U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2015-2016update.html
Petition for certiorari was filed on 7/7/16 in Kelsey v. Bailey (Indian Civil Rights Act – Due Process)
In addition, see the Tribal Supreme Court Update Memoranda of July 14, 2016.
U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Mackinac Tribe v. Jewell (Tribal Federal Recognition)
Patchak v. Jewell (Land into Trust)
Poarch Band of Creek Indians, Plaintiff-Counter Defendant-Appellee, v.
James Hildreth, Jr., in his official capacity as Tax Assessor of Escambia County, Alabama, Defendant-Counter Claimant-Appellant (Indian Lands – Taxation)
United States v. Barnett (Embezzling Funds from Indian Tribe)
U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Renteria v. Shingle Springs Band of Miwok Indians (Child Custody – Tribal Court Jurisdiction)
United States of America vs. Tawnya Bearcomesout (Double Jeopardy)
Green v. Director/Secretary, California Department of Corrections and Rehabilitation (Prisoners – Religious Freedom)
State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In re Abbigail A. (Indian Child Welfare Act – Application of)
In re Alexandria P. (Indian Child Welfare Act – Placement)
In re Isaiah W. (Indian Child Welfare Act – Notice)
News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature some articles about national Republican and Democrat positions relating to Native Americans.
U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
Seven new bills were added:
S.3234: Indian Community Economic Enhancement Act of 2016.
S.3261: A bill to establish a business incubators program within the Department of the Interior to promote economic development in Indian reservation communities.
S.3273: A bill to make technical corrections to the Alaska Native Claims Settlement Act, and for other purposes.
H.R.5909: To ensure equitable treatment of Shee Atika, Incorporated under the Alaska Native Claims Settlement Act by facilitating the transfer of land on Admiralty Island, Alaska and for other purposes.
S.3216: A bill to repeal the Act entitled “An Act to confer jurisdiction on the State of Iowa over offenses committed by or against Indians on the Sac and Fox Indian Reservation.”
H.R.5811: To authorize the Secretary of the Interior to assess sanitation and safety conditions at Bureau of Indian Affairs facilities that were constructed to provide treaty tribes access to traditional fishing grounds and expend funds on construction of facilities and structures to improve those conditions, and for other purposes.
H.R.5854: To amend title 18, United States Code, to enhance protections of Native American cultural objects, and for other purposes.
Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
The place of the First Peoples in the international sphere: a logical starting point for the demand for justice by Indigenous Peoples.
Commentary: federal treaty and trust obligations, and ocean acidification.
Practical reasoning and the application of general federal regulatory laws to Indian Nations.
Plenary power, political questions, and sovereignty in Indian affairs.
U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
The Department of the Interior, Bureau of Indian Affairs, provided a notice of training sessions on the new Indian Child Welfare Act regulations.
California Appellate Court Finds Waiver of Tribal Immunity in Dispute over Authority of Council to Waive Immunity
Here is the opinion in Findleton v. Coyote Valley Band of Pomo Indians (Cal. Ct. App.).
An excerpt:
This appeal requires us to determine whether a Native American tribe known as the Coyote Valley Band of Pomo Indians (the Tribe) validly waived its sovereign immunity for purposes of the enforcement by construction contractor Robert Findleton (Findleton) of arbitration provisions in contracts between them. Findleton claims the Tribe waived its sovereign immunity when its Tribal Council entered into, and then amended, contracts with Findleton containing arbitration clauses and also adopted a resolution expressly waiving sovereign immunity to allow arbitration of disputes under the contracts. The Tribe disagrees, arguing the Tribal Council lacked authority to waive the Tribe’s immunity and therefore any such waivers were invalid, because the power to waive the Tribe’s immunity had not been properly delegated to the Tribal Council in accordance with the procedures specified by the Tribe’s constitution. The superior court agreed with the Tribe and held that it lacked jurisdiction over Findleton’s claims because there had been no valid waiver of the Tribe’s sovereign immunity. Findleton appealed.
Article on California’s Report on ICWA (non) Compliance
Report: Compliance with Indian Child Welfare Act Spotty
The report found that state and local agencies still struggle with the law, according to Kimberly Cluff, a task force member and staff member of the Morongo Band of Mission Indians. She said the tribes feel like they’re at “ground zero.”
“The law provides the tribes and, more importantly, tribal children with a bunch of rights, but if the tribe doesn’t know the child is in foster care, or if nobody asks the question of family tribal status, then all those protections are lost,” Cluff said. “If we don’t know that child is an Indian, we can’t protect them as an Indian and it’s just somewhat shocking that 40 years after the passing of this law, we’re still talking about basic implementation.”
A copy of the Report is here.
VAWA Trial Advocacy Training at Eastern Band, Aug. 24-26
Agenda and registration here.
D.C Circuit Affirms Interior Trust Acquisition for Cowlitz
Here is the opinion in Confederated Tribes of the Grand Ronde Community of Oregon v. Jewell:
Confederated Tribes of Grand Ronde Community v. Jewell DC Cir 7-19-16
Briefs here.
NNABA Employment Opportunities
Each opportunity below will be posted on the NNABA website at nativeamericanbar.org
Indian Law/Tribal Law Opportunities:
- Ethics & Rules Committee (PDF), Three Affiliated Tribes, Mandan, ND (Open until filled)
- Associate Judge (PDF), Winnebago Tribe of Nebraska, Winnebago NE (Open until filled)
- Legislative Director, Native American Contractors, Washington, DC (Open until filled)
Federal Opportunities:
- Policy Analyst, Office of the Secretary of the Interior, Washington, DC
Additional attorney vacancy announcements can be found at:
http://www.justice.gov/careers/legal/attvacancies.html
Other Opportunities:
- Staff attorney, National Center for Law and Economic Justice, New York, NY (Open until filled)
Justice Ginsburg Corrected Minor Error in Bryant Decision
Here is the NYTs article discussing post-decision amendments and corrections in Supreme Court opinions more generally.
An excerpt:
On the last day of June, for instance, a deputy solicitor general Michael R. Dreeben, wrote a letter to the court saying there had been a mistake in a decision issued a few weeks before. He asked the court to fix the error, and, a week later, it did.
Writing for the majority in a case about domestic assault on Indian reservations, Justice Ruth Bader Ginsburg had said a federal law applied to some serious crimes “when both perpetrator and victim are Indians.” But what the law itself actually said, quite clearly, was that it applied to all victims, Indians or not.When Mr. Dreeben’s letter arrived, the court promptly sent it to reporters. When the court amended the decision to adopt the revised language Mr. Dreeben had suggested, its website noted the change.
Attorney-Adviser Vacancy with DOI in Boise
Link to USAJobs announcement here.
Main client would be Bureau of Reclamation (so water law), with some Indian law work. Closes Friday, August 8, 2016.
Turtle Talk 
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