Turtle Talk

Seminole Tribes Prevails in Sovereign Immunity Dispute with Slip and Fall Plaintiffs

July 29, 2016Matthew L.M. Fletcher

Here is the opinion in Seminole Tribe of Florida v. Schinnler (Fla. Ct. App.).

An excerpt:

Here, the tribe established that no resolution, ordinance or compact including a waiver of immunity was enforceable in 2009 when the plaintiff’s claim arose. The resolution (No. C–195–06) passed by the Tribal Council authorized the tribe to enter into the 2007 compact. While the 2007 compact provided a limited waiver of immunity, our supreme court held the compact invalid. Crist, 999 So.2d at 616. The tribe also provided an affidavit attesting that no waiver of sovereign immunity was in effect when the claim arose. The plaintiff did not rebut this affidavit, nor could she have done so.

There is no factual dispute. The trial court departed from the essential requirements of law when it denied the tribe’s motion to dismiss. This harm is irreparable if immunity is not given its intended effect.

Interior Loses Mashpee Wampanoag Trust Acquisition Challenge

July 29, 2016Matthew L.M. Fletcher

Here are the materials in Littlefield v. Dept. of Interior (D. Mass.):

56 Interior Motion for Summary J

59 Plaintiffs Motion for Summary J

69 City of Taunton Amicus Brief

81 DOI Supplemental Brief

82 Plaintiffs Supplemental Brief

83 USET Amicus Brief

86 Plaintiffs Response to 83

87 DCT Order

Updated Supreme Court Stats

July 29, 2016Sarah M Donnelly

Back by request, here’s the updated report card that ILPC Fellow Peter Vicaire started in 2011.

Link to Vicaire’s post here.

Chief David Bald Eagle Walks On

July 28, 2016Teresa Walrod

He danced with Marilyn Monroe. He drove race cars. He parachuted into enemy gunfire at Normandy. He played professional baseball. He was a leader not just of his tribe, but of the United Native Nations. He was an advocate for Native people.

HERE.

Sho Ban Tribe – Water Summit (August 11, 2016)

July 28, 2016July 28, 2016Matthew L.M. Fletcher

Here is the brochure: TribalWaterWorkshop_ver2

Website here.

Menominee Tribe Legal Services Dept Assistant Tribal Attorney Opening

July 28, 2016Kate Fort

The Menominee Indian Tribe of Wisconsin is a federally recognized tribe located in Keshena, Wisconsin.

The Menominee Indian Tribe of Wisconsin Legal Services Department currently seeks an Assistant Tribal Attorney-CS, SS. The ideal candidate will be a dynamic and energetic attorney capable to perform work in child support and child welfare and other projects as assigned. The Assistant Tribal Attorney-CS, SS will work as part of a team to protect and preserve the best interests of Menominee children and families. The position is located in Keshena, Wisconsin. The successful candidate may be eligible for federal Public Service Loan Forgiveness (PLSF) Program.

The position of ASSISTANT TRIBAL ATTORNEY-CS, SS in LEGAL SERVICES with the Menominee Indian Tribe of Wisconsin has been posted beginning 7/28/2016 12:00:00 AM with a Close Date of 8/3/2016 11:59:00 PM.

For more information, this posting can be viewed at http://www.menominee-nsn.gov/Employment/Jobs.aspx

Second Circuit Affirms Dismissal of Federal Court Challenge to Onondaga Nation’s ICWA Jurisdiction

July 28, 2016Matthew L.M. Fletcher

Here are the materials in Pitre v. Shenandoah:

Pitre2ndCir2-18-16

Appellant Brief

Onondaga Brief

Onondaga County Brief

Oswego County Brief

Reply Brief

2016 National Intertribal Tax Alliance Conference (Sept. 13-15, 2016)

July 28, 2016Matthew L.M. Fletcher1 Comment

Details here.

Kevin Washburn is the keynote speaker.

As always, NITA is one the premier Indian law conferences of the year.

Conference-Brochure_Page_01

Indian Law Scholarship Update (7/28/2016)

July 28, 2016Matthew L.M. Fletcher

Periodically, we’ll put together a package of links to recent Indian law articles, mostly from SSRN, and therefore mostly yet-to-be published. Here’s the first dispatch:

Incl. Electronic Paper Locked Up: Fear, Racism, Prison Economics, and the Incarceration of Native Youth
40 Am. Indian Culture & Research J. 55, 2016
Addie Rolnick
University of Nevada, Las Vegas, William S. Boyd School of Law

Incl. Electronic Paper Indian Treaty Fishing Rights and the Environment: Affirming the Right to Habitat Protection and Restoration
Michael C. Blumm
Lewis & Clark Law School

Incl. Electronic Paper Who Owns Our Ancestors’ Voices? Tribal Claims to Pre-1972 Sound Recordings
Trevor G Reed
Columbia University, Law School, Students

Incl. Electronic Paper VAWA 2013’s Right to Appointed Counsel in Tribal Court Proceedings – A Rising Tide That Lifts All Boats or a Procedural Windfall for Non-Indian Defendants?
Case Western Reserve Law Review, Forthcoming
Jordan Gross
University of Montana School of Law

Incl. Electronic Paper Let the Jury Fit the Crime: Increasing Native American Jury Pool Representation in Federal Judicial Districts with Indian Country Criminal Jurisdiction
Montana Law Review, Forthcoming
Jordan Gross
University of Montana School of Law

Incl. Electronic Paper Federal Treaty and Trust Obligations, and Ocean Acidification
Washington Journal of Environmental Law & Policy, Vol. 6, No. 2, Pp. 474-95 (2016), University of Washington School of Law Research Paper 2016-17
Robert T. Anderson
University of Washington School of Law