Turtle Talk

NIJ Report: “Violence Against American Indian and Alaska Native Women and Men”

May 9, 2016May 9, 2016Matthew L.M. Fletcher4 Comments

Here:

Violence Against American Indian and Alaska Native Women and Men_NNIJ_20…

The NIJ released new survey results this week, and things are as bad as they’ve ever been. The results say that 4 out of 5 women and men are victims of violence:

More than 4 in 5 American Indian and Alaska Native women (84.3 percent) have experienced violence in their lifetime. This includes —

■■ 56.1 percent who have experienced sexual violence.

■■ 55.5 percent who have experienced physical violence by an intimate partner.

■■ 48.8 percent who have experienced stalking.

■■ 66.4 percent who have experienced psychological aggression by an intimate partner.

Overall, more than 1.5 million American Indian and Alaska Native women have experienced violence in their lifetime.

More than 4 in 5 American Indian and Alaska Native men (81.6 percent) have experienced violence in their lifetime. This includes —

■■ 27.5 percent who have experienced sexual violence.

■■ 43.2 percent who have experienced physical violence by an intimate partner.

■■ 18.6 percent who have experienced stalking.

■■ 73.0 percent who have experienced psychological aggression by an intimate partner.

Overall, more than 1.4 million American Indian and Alaska Native men have experienced violence in their lifetime.

Deadline Extended till May 23 for G. William Rice Bar Study Scholarship

May 6, 2016Sarah M Donnelly

Download flyer here.

New Paper Focuses on Double Taxation in Indian Country

May 6, 2016Sarah M Donnelly

Link to article here.

Citation and abstract:

Croman, K. S., & Taylor, J. B. (2016). Why beggar thy Indian neighbor? The case for tribal primacy in taxation in Indian country. Joint Occasional Papers on Native Affairs (JOPNA 2016-1). Tucson, AZ and Cambridge, MA: Native Nations Institute and Harvard Project on American Indian Economic Development.

The law governing taxation in Indian country is a mess. The accretion of common law precedents and the general tendency of states to assert primacy over the taxation of non-Indians create absurd outcomes. This article makes the case three ways. The argument based on the law shows that particularized, fact-specific precedents create a thicket of rulings that impede business development. The argument based on facts shows that these impediments to economic development harm not only tribal economies, but state and local economies, too. And the argument based on just claims testifies to the fact that the current arrangement could hardly have emerged from the actions of willing and informed governments operating in good faith. To borrow from Adam Smith, states beggar their Indian neighbors, seeking fiscal gain to the tribes’ detriment and, ultimately, their own. We conclude by recommending actions to bring fairness and certainty to the law governing taxation in Indian country.

Article Published by ABA, Enforcing Tribal Environmental Laws without “Treatment as a State”

May 5, 2016May 5, 2016Victoria Sweet

Jill Grant has published an article on the Navajo Nation’s innovative petroleum storage tank inspection and enforcement program. The Resource Conservation and Recovery Act lacks a “treatment as a state” provision for Tribes, but the Navajo Nation has found other ways to develop a noteworthy program that enhances environmental protection, Tribal sovereignty, and self-determination.

Link to article here.

Montana Law School 2016 Summer Indian Law Program

May 5, 2016May 5, 2016Sarah M Donnelly

UPDATED: New card with class descriptions.

Download course card here.

2016 Course Schedule

Indian Law Research

Credits: 1 Professor: Stacey Gordon Dates: June 6 – 10 Time: 9:00 a.m. – 11:30 a.m.

CLE Credits: 11.5 (pending) CLE Tuition: $650 CLE Registration: Online

Given that American Indian and Alaska Natives are sovereign governments, the field of American Indian and Indigenous Law encompasses distinct legal issues and sources. Researching both federal Indian law (the relationships between tribal governments and the U.S. government) and tribal law (the law of individual tribes) requires a unique set of tools and research skills . In this course, students will learn the skills and sources necessary to research general Indian law issues as well as the very specialized skills and sources used in researching the legal history of a tribe, including reserved treaty rights. The course will cover researching treaties, Indian land claims, statutory and case law, and tribal law.

Mastering American Indian Law

Credits: 2 Professor: Maylinn Smith Dates: June 13 – 17 Time: 9:00 a.m. – 12:00 p.m., 1:00 p.m. – 3:00 p.m.

CLE Credits: 23.75 (pending) CLE Tuition: $1,300 CLE Registration: Online

This course looks at fundamental aspects of American Indian law and provides a basic understanding of core Indian law principles, both on the federal and tribal level. The course familiarizes participants with the development of foundational concepts in the area of Indian law and addresses the continuing impact of federal legislation and court actions on tribal governance structures and principles of sovereignty. In addition to providing substantive information on legal principles associated with American Indian law, participants with engage in practical skills building exercises that build upon the substantive materials being covered.

Energy in Indian Country

Credits: 1 Professor: Monte Mills Dates: June 20 – 24 Time: 9:00 a.m. – 11:30 a.m.

CLE Credits: 11.5 (pending) CLE Tuition: $650 CLE Registration: Online

This course will trace the history of energy development and related issues in Indian Country, discuss the statutory, regulatory, and other legal issues that arise in that context, and provide participants with background and perspective on the issues currently facing Indian tribes interested in pursuing energy development. In doing so, we will learn more about the social, cultural, and other policy issues faced by tribes when considering decisions about development and examine the federal government’s role in fulfilling it trust responsibilities to Indian tribes engaged in energy-related activities.

Indian Gaming

Credits: 1 Professor: Melissa Schlichting Dates: June 27 – July 1 Time: 9:00 a.m. – 11:30 a.m.

CLE Credits: 11.5 (pending) CLE Tuition: $650 CLE Registration: Online

This class reviews federal statutes, regulations, and case law pertaining to Indian gaming issues. Participants will learn about contemporary issues affecting Indian gaming, the gaming regulation system, and the compacting process. Special emphasis will be placed on Montana tribal gaming concerns.

Supreme Court Jurisprudence and Indian Country

Credits: 1 Professor: Matthew Fletcher Dates: July 5 – 8 Time: 9:00 a.m. – 1:00 p.m. Course Capacity: 30 Students

CLE Credits: 12 (pending) CLE Tuition: $650 CLE Registration: Online

This course will introduce participants to the distinctive constitutional issues arising from and affecting Indian country. The initial portion of the class will cover the legal history of federal Indian law, dating from pre-constitutional times, the Marshall Trilogy, the Plenary Power Trilogy, to the modern era of federal Indian law beginning in 1959. The main portion of the class will address critical modern era cases and their impacts on contemporary tribal governance and Indian affairs.

Indian Water Law

Credits: 1 Professor: John Carter Dates: July 11 – 15 Time: 9:00 a.m. – 11:30 a.m. Course Capacity: 25 Students

CLE Credits: 11.5 (pending) CLE Tuition: $650 CLE Registration: Online

This course provides information about the various aspects of Indian water law and addresses the historical sources for Indian water rights, the scope of Indian water rights, protection of Indian water rights and the compacting process.

Current American Indian Legislative Issues

Credits: 1 Professor: Kevin Washburn Dates: July 18 – 22 Time: 9:00 a.m. – 11:30 a.m.

CLE Credits: 11.5 (pending) CLE Tuition: $650 CLE Registration: Online

Federal Indian law and policy develops in the courts, in Congress, and in federal agencies. This course will focus on the legislative and administrative processes in forming laws and regulations, but will also explore the relationship between the courts and these other forums by focusing on Congressional and administrative reactions to decisions in the Supreme Court and the lower courts. The content of the course will include recent developments in the 114th Congress and the Obama Administration.

NHBP Still Looking for Summer Legal Intern

May 5, 2016Sarah M Donnelly

Download job announcement here.

Job Announcement, General Counsel in Juneau, Alaska

May 5, 2016May 4, 2016Victoria Sweet

This position will provide legal counsel to Central Council Tlingit & Haida Indian Tribes of Alaska (CCTHITA) in the areas of tribal government, federal-tribal relations, jurisdiction issues, environmental and natural resources law and policy, economic development, tribal business enterprise, and employment issues.

General Counsel (Office of the President) – Juneau; $67,455 – $94,621

Please visit www.ccthita.org<http://www.ccthita.org> for more information. A complete application packet MUST include: cover letter, employment application and resume. Submit to CCTHITA ~ HR Department, 320 W. Willoughby Ave., Juneau, AK 99801. Tele: 907/463-7106 or Fax: 888.510.3816. Closing Date: Close of Business – 4:30 pm, May 31, 2016

More information available General Counsel.pd Juneau

Free Weekly Indian Law Bulletins – How to “Subscribe”

May 4, 2016802050david

Hello all –

If you are not familiar with the National Indian Law Library Indian Law Bulletins, below is a list of bulletins published today. You can sign up for these free weekly bulletins alerts here:http://www.narf.org/nill/bulletins/index.html

The National Indian Law Library added new content to the Indian Law Bulletins on 5/4/16.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2015-2016update.html
Petition for certiorari was denied in Knight v. Thompson (Prisoners – Grooming Policies) on May 2, 2016. Petition was filed in Pro-Football, Inc. v. Blackhorse, et al. (Trademarks – Washington Football Team) on May 2, 2016 and in Pauma Band of Mission Indians v. California (Indian Gaming Regulatory Act – Bad Faith Negotiations) on April 18, 2016.

In addition, see the Tribal Supreme Court Update Memoranda of May 4, 2016 at: http://sct.narf.org/articlesupdates.html

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In re N.H. (Indian Child Welfare Act – Application of)
In re Adoption of B.T.S. (Oklahoma Indian Child Welfare Act; Adoption – Mother’s Consent)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Sacred Places section, we feature an article on the status of the Bears Ears National Monument effort and resistance.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a notice with an update of Indian entities recognized and eligible to receive services from the United States Bureau of Indian Affairs.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
We added these articles:
The Washington Redskins and the current standard for disparaging trademarks: The impact of disparaging trademarks in the modern world.
Regulating access to traditional knowledge and genetic resources: The disclosure requirement as a strategy to combat biopiracy.
Traditional knowledge exists; intellectual property is invented or created.

David Selden
National Indian Law Library/NARF
dselden@narf.org