Here is the brief filed in Rodriguez v. Colorado:
Truth and Reconciliation Commission Report Signals Time for Government to Act
AUSA Vacancy – Western District of Oklahoma
The Department of Justice is currently accepting applications for one or more Assistant U.S. Attorney positions (experience with civil and/or criminal asset forfeiture matters preferred). Duties may include criminal and civil litigation. The announcement is open until Thursday, December 31, 2015.
If interested, please use the link below to view the announcement and for instructions on submitting your application. Also, feel free to forward the link to anyone you know who may be interested in applying. The announcement should also be in the next OBA Journal.
Agency: Executive Office for U.S. Attorneys and the Office of the U.S. Attorneys
Job Announcement Number: 16-OKW-1562553-A-01
New Scholarship on the Cherokee Freedmen Controversy
Lolita Buckner Inniss has published “Cherokee Freedmen and the Color of Belonging” in the Columbia Journal of Race and Law. PDF
The abstract:
This Article addresses the Cherokee Nation and its historic conflict with the descendants of its former black slaves, designated Cherokee Freedmen. This Article specifically addresses how historic discussions of black, red, and white skin colors, designating the African-ancestored, aboriginal (Native American), and European ancestored people of the United States, have helped to shape the contours of color-based national belonging among the Cherokee. The Cherokee past practice of black slavery and the past and continuing use of skin color-coded belonging not only undermines the coherence of Cherokee sovereignty, identity, and belonging but also problematizes the notion of an explicitly aboriginal way of life by bridging red and white cultural difference over a point of legal and ethical contention: black inequality.
Stephen Pevar Speaking on Oglala Sioux v. Van Hunnik at the Michigan SCAO Training on MIFPA/ICWA
2015 Top SSRN Papers in American Indian Law
It was a great year for American Indian law scholarship. Indian law scholars placed papers at Texas, UCLA, Indiana, Cardozo, North Dakota, Pepperdine, Mississippi, and many other general law reviews, as well as numerous specialized reviews.
Here are the top American Indian law papers from 2015 (January until now):
1.Owning Red: A Theory of Indian (Cultural) Appropriation
Forthcoming Texas Law Review (2016)
Angela Riley and Kristen A. Carpenter
University of California, Los Angeles (UCLA) and University of Colorado Law School
Date Posted: September 04, 2015
Last Revised: October 08, 2015
Accepted Paper Series
216 downloads
2. Water Rights, Water Quality, and Regulatory Jurisdiction in Indian Country
Stanford Environmental Law Journal, Vol. 34, No. 2, pp. 195-245 (2015), University of Washington School of Law Research Paper No. 2015-21
Robert T. Anderson
University of Washington School of Law
Date Posted: June 27, 2015
Last Revised: October 15, 2015
Accepted Paper Series
201 downloads
3. Guarding Against Exploitation: Protecting Indigenous Knowledge in the Age of Climate Change
Joseph Brewer II and Elizabeth Ann Kronk Warner
University of Kansas and University of Kansas – School of Law
Date Posted: February 22, 2015
Working Paper Series
201 downloads
4. Consultation or Consent: The United States Duty to Confer with American Indian Governments
North Dakota Law Review, Vol. 91, 2015, Forthcoming
Robert J. Miller
Arizona State University (ASU) – Sandra Day O’Connor College of Law
Date Posted: September 29, 2015
Accepted Paper Series
176 downloads
5. Birthright Citizenship on Trial: Elk v. Wilkins and United States v. Wong Kim Ark
Cardozo Law Review, Forthcoming
Bethany Berger
University of Connecticut School of Law
Date Posted: June 01, 2015
Last Revised: October 17, 2015
Accepted Paper Series
168 downloads
6. Plenary Power, Political Questions, and Sovereignty in Indian Affairs
UCLA Law Review, Forthcoming, BYU Law Research Paper No. 15-06
Michalyn Steele
Brigham Young University- J. Reuben Clark Law School
Date Posted: February 15, 2015
Last Revised: July 28, 2015
Accepted Paper Series
145 downloads
7. Justice for All: An Indigenous Community-Based Approach to Restorative Justice in Alaska
Northern Review 38 (2014): 239-268
Brian Jarrett and Polly E. Hyslop
Program on Dispute Resolution – University of Alaska and University of Alaska Fairbanks
Date Posted: March 04, 2015
Accepted Paper Series
140 downloads
8. Federal Reserved Water Rights as a Rule of Law
Idaho Law Review, 2015, Lewis & Clark Law School Legal Studies Research Paper No. 2015-13
Michael C. Blumm
Lewis & Clark Law School
Date Posted: July 26, 2015
Last Revised: September 03, 2015
Accepted Paper Series
136 downloads
9. Everything Old is New Again: Enforcing Tribal Treaty Provisions to Protect Climate Change Threatened Resources
University of Kansas School of Law Working Paper
Elizabeth Ann Kronk Warner
University of Kansas – School of Law
Date Posted: August 30, 2015
Last Revised: October 09, 2015
Working Paper Series
131 downloads
10. Personal Jurisdiction and Tribal Courts after Walden and Bauman: The Inadvertent Impact of Supreme Court Jurisdictional Decisions on Indian Country
Grant Christensen
University of North Dakota – School of Law
Date Posted: September 29, 2015
Working Paper Series
121 downloads
And here are several other papers that did not meet this completely arbitrary cutoff: Continue reading
County Court Awards $109 Million Against Tribal Member
Link to Journal Entry of Judgment by Default in the matter of Whitebird v. McKinney (12/11/2015) here.
Link to Topeka Capital-Journal coverage here.
Excerpts from judgment:
Exhibit 4 which represents information published in the Kansas Register authorizing the daily rate for Kansas Neurological Institution in Topeka, Kansas. KNI is a residential health care facility for profoundly disabled individuals. Exhibit 4 also represents an estimate of projected future cost of care in an institution similar to KNI in Topeka, Kansas, to the age of 68 that totals $104,160,411.68.
Exhibit 5 is a medical cost projection for severely disabled individuals through the age of 77 that totals $5,020,246.00. This projection does not include cost of full-time attendant care that Romeo Whitebird will need the rest of his life.
Plaintiffs don’t believe they will recover the full award, but the judgment secures any future earnings from income or oil royalties from the Three Affiliated Tribes member who is serving nine years for abusing the, then, seven-month-old.
Pro Se Effort to Tap into Cobell Settlement Money Fails
Ho-Chunk Nation Job Announcement
Ho-Chunk Nation
Staff Attorney-Law Clerk
Judiciary Branch
Black River Falls, WI 54615
Summary: Assist Tribal Court Judges and Supreme Court Justices with legal research and the drafting of opinions in a timely manner while facilitating public access to the Court through the provision of procedural legal information.
Qualifications: Graduation from an accredited law school and in good standing of a State Bar. Strong research and writing skills. Strong word processing and computer research skills. Demonstrated interest in and familiarity with Tribal and Federal Indian Law. Fluency in Ho-Chunk Language desired but not required. Preference to members of the Ho-Chunk Nation, then other Native Americans. Must be able to pass a comprehensive background check. No felony convictions, no current open criminal cases or civil matters that would reflect negatively on the Judiciary Branch. Valid driver’s license, dependable transportation and proper insurance, is required. This is an appointed position.
Working Conditions: Office setting, courtroom. Occasional travel may be required.
We offer 401(K), Competitive Health, Dental, Vision, and Life benefits.
APPLICATION/ RESUME & TRANSCRIPTS ARE REQUIRED
Please submit to:
Ho-Chunk Nation
Department of Personnel
P.O. Box 667 Black River Falls, WI 54615
(800) 232-0086 FAX: (715) 284-9465
Application Deadline:
Open Until Filled
See our jobs & application online at: www.ho-chunknation.com
If you have any questions about the position, please contact Kallie Jacobson at 715-284-2722 or by e-mail at Kallie.jacobson@ho-chunk.com
Supreme Court Cert Petition Filed in CACGEC v. Chaudhuri
Here is the petition in Citizens Against Casino Gambling in Erie County v. Chaudhuri:
Questions presented:
1. Whether Congress, by enacting legislation permitting an Indian tribe to purchase land on the open market and to hold it in “restricted fee,” created “Indian country,” thereby completely divesting a state of its territorial sovereignty over that land, despite the absence of any explicit statutory language reflecting congressional intent to transfer sovereignty to the tribe?
2. Whether the Indian Commerce Clause (U.S. Const., art. I, § 8) gives Congress authority to completely divest a state of the sovereignty it had
previously exercised over land for more than two centuries and transfer that sovereignty to an Indian tribe by enacting legislation permitting an Indian tribe to buy such land on the open market and to hold it in “restricted fee.”3. Whether the mere congressional designation of “restricted fee” status on tribally owned land pursuant to the Indian Nonintercourse Act (25 U.S.C. § 177) implies an intent to transfer governmental power over that land to the tribe?
Lower court materials here.
Turtle Talk 
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