Nottawaseppi Band Working Group Visits Sault Ste. Marie Tribal DV Court

Notawaseppi WG
The Notawaseppi Huron Band of the Potawatomi tribal working group touring the Sault Ste. Marie tribal domestic violence court. The NHBP working group thanks the Court and staff for hosting us. (click to enlarge)

Eighth Circuit Affirms Indian Country Habitual DV Offender Conviction

Here is the opinion in United States v. Harlan.

University of Tulsa College of Law’s Tribute to Bill Rice

Rice

G. William Rice (1951-2016)

Professor Bill Rice passed away on February 14, 2016 after an extraordinary career in practice and as an academic focusing on issues and rights of American Indians and indigenous people around the world. Professor Rice, a member of the United Keetoowah Band of Cherokee Indians in Oklahoma, served as the Attorney General for the Sac and Fox Nation, Chief Justice for the Citizen Potawatomi Nation, Assistant Chief and Chief Judge for the United Keetoowah Band of Cherokee Indians in Oklahoma, and Associate Justice for the Kickapoo Nation of Indians in Kansas.  He was a tireless advocate for Indian tribes and Indian peoples, successfully arguing on behalf of the Sac and Fox Nation in the United States Supreme Court in Oklahoma Tax Commission v. Sac and Fox Nation, 508 U.S. 114 (1993). He played an active role in the United Nations Working Group on the Rights of Indigenous Peoples, which led to the U.N. General Assembly’s Declaration on the Rights of Indigenous Peoples. When he began this work, Bill would frequently say “indigenous people — that’s ME!” with a twinkle in his eye.  Clearly, his impact reaches from central Oklahoma to Geneva, Switzerland.  His passing is a great loss to many.

Professor Rice joined The University of Tulsa College of Law in 1995 teaching Constitutional Law, Jurisprudence, International Indigenous Law, Native American and Indigenous Rights, Tribal Government, and Tribal Gaming Law.  He treated his students with great compassion and kindness while challenging them to achieve at the highest levels.  In addition to TU Law, Professor Rice taught at Cornell Law School, University of North Dakota School of Law, University of Oklahoma, University of New Mexico, and at Antioch School of Law’s Indian Paralegal program.

Professor Rice’s book, Tribal Governmental Gaming Law (Carolina Academic Press, 2006) is the first law school casebook for use in Indian gaming law classes. He contributed to the two latest revisions of Felix Cohen’s classic Indian law treatise, the Handbook of Federal Indian Law, and wrote extensively in the field of Indian law. Regularly called upon to speak at scholarly and governmental meetings, his speaking engagements included presentations to the United Nations’ Workshop on Indigenous Children and Youth, the University of Paris VII – Denis Diderot, The Federal Bar Association’s Indian Law Conference, the Oklahoma Supreme Court’s Sovereignty Symposium, and numerous appearances at functions sponsored by government agencies, major university law schools, and Indian Tribes.

Professor Rice’s great passions were the implementation of the UN Declaration on the Rights of Indigenous Peoples and the revitalization of the legal and political systems of Indian Tribes. He was the founding Director of the LL.M. Degree in American Indian and Indigenous Law and the Master of Jurisprudence in Indian Law, and served as Co-Director of the Native American Law Center at The University of Tulsa College of Law.

Professor Rice was a teacher and mentor to generations of Indian lawyers. He had enormous influence on the field of Indian law. John LaVelle, his colleague from the University of New Mexico, best expressed what Professor Rice meant to those who knew him: “Bill was a champion for Indian people in heart, mind, and soul. I am honored to have known and worked with him.”

On a personal note, Bill was one of the best. He was a man of towering intellect and vision, and a generous, kind, down-to-earth friend and colleague. He was a consummate story-teller, who loved a good joke. His joy was infectious.

Professor Rice is survived by his wife Annette, his children, grandchildren, and extended family. He will be greatly missed by the TU Law community.

Saginaw Chippewa v. NLRB Cert Petition

Here:

Saginaw Cert Petition and Appendix- Filed

Questions presented:

For more than sixty years, the National Labor Relations Board correctly declined to exercise jurisdiction over tribal operations on tribal lands. But in recent years, the Board has belatedly asserted the extraordinary power to regulate the on-reservation activities of sovereign Indian tribes, precipitating a three-way circuit split in the process. Nothing in the text of the National Labor Relations Act changed in that interval; it contains no language granting the Board authority over Indian tribes. Nor has the language of various Indian treaties, like those between the Saginaw Chippewa Indian Tribe and the United States, changed; they continue to recognize the Tribe’s authority to exclude non-members. And despite the Board’s complete lack of expertise in Indian law, the Board now dictates that some tribal operations are subject to the NLRA and others are not based on its evaluation of the centrality of certain functions to tribal sovereignty and subtle differences in treaty language. 

This case presents two questions, both of which have divided the courts of appeals:

(1) Does the National Labor Relations Act abrogate the inherent sovereignty of Indian tribes and thus apply to tribal operations on Indian lands? 

(2) Does the National Labor Relations Act abrogate the treaty-protected rights of Indian tribes to make their own laws and establish the rules under which they permit outsiders to enter Indian lands?

Lower court materials here.

 

Karuk Housing Authority Atty Posting

Here:

3.11.2016GeneralCounselRFQ

National Native American Bar Assn. on Bill Rice

NATIONAL NATIVE AMERICAN BAR ASSOCIATION MOURNS THE PASSING OF PROFESSOR WILLIAM RICE

Phoenix, AZ—Today, the National Native American Bar Association (NNABA) pays homage to one of our greatest members, Professor G. William Rice, who walked on early yesterday morning.

Professor Rice was a member of the United Keetoowah Band of Cherokee Indians, and tenured Associate Professor at the University of Tulsa College of Law, where he taught Indian law for 21 years and co-directed the Native American Law Center since 2004.

“Professor Rice was one of the greatest Indian lawyers ever,” said NNABA President Linda Benally. “We have all stood on his shoulders for decades. We will stand on them forever.”

His accolades and honors are too numerous to mention; they include:

  • Arguing Oklahoma Tax Commission v. Sac and Fox Nation before the U.S. Supreme Court (as one of only 13 Indian lawyers to ever do so), and winning that seminal Indian tax case;
  • Being elected to serve his people as Assistant Chief for the United Keetoowah Band of Cherokee Indians;
  • Serving as the Chief Justice of the Citizen Band of Potawatomi Nation Supreme Court for 30 years; and
  • Contributing to the two latest revisions of Felix Cohen’s “Handbook of Federal Indian Law.”

“Bill helped lay the foundation in the late 1970’s for the resurrection of tribal courts in Oklahoma. He helped implement modern tribal codes that have been utilized and copied throughout Oklahoma and elsewhere,” said Greg Bigler (Muscogee (Creek) Nation), Professor Rice’s former law partner and close friend. “He was also a caring mentor to countless Indian lawyers and students, and tribal leaders.”

Professor Rice held teaching positions at Cornell Law School, University of North Dakota School of Law, University of Oklahoma, and Antioch School of Law’s Indian Paralegal Program. While at North Dakota, he was the founding Director of the Northern Plains Tribal Judicial Training Institute.

Professor Rice received his J.D. from the University of Oklahoma College of Law in 1978, and B.A. in Chemistry from Phillips University in 1973. He attended the M.S. Program for Radiological Safety and Control from Lowell Technological Institute in Massachusetts, from 1973 to 1975.

“His was a wonderful adventure of life,” continued Bigler. “I do not believe he regretted any of the paths that he took.”

Federal Court Dismisses ICRA Habeas Petition for Failure to Exhaust

Here is the order in Steward v. Mescalero Apache Tribal Court (D. N.M.):

7 DCT Order

Federal Court Refuses Jurisdiction over BIA Letter Notifying Plaintiff of Trespass on an Allotment

Here are the materials in Comenout v. Joseph (W.D. Wash.):

5 Motion to Dismiss

8 Response

10 Reply

11 DCT Order

Little River Band v. NLRB Cert Petition

Here:

Little River Petition and Appendix COMBINED

Question presented:

Whether the National Labor Relations Board exceeded its authority by ordering an Indian tribe not to enforce a tribal labor law that governs the organizing and collective bargaining activities of tribal government employees working on tribal trust lands.

Lower court materials here.

Federal Court Dismisses Title VII Action against Shakopee

Here are the materials in Nawls v. Shakopee Mdewakanton Sioux Community Gaming Enterprise – Mystic Lake Casino (D. Minn.):

17 Motion to Dismiss

32 Response

33 Reply

36 DCT Order