Hualapai Nation Dismissed from Defamation Suit in Aftermath of Grand Canyon Skywalk Controversy

Here are the materials in Grand Canyon Skywalk Development LLC v. Steele/Cieslak v. Hualapai Tribe (D. Nev.):

96 Hualapai Motion to Dismiss Third Party Claims

109 Opposition

114 Reply

143 DCT Order

Related posts are here, here, and here.

Nebraska v. Parker Oral Argument Scheduled for January 20, 2016

Here is the Supreme Court’s January sitting schedule.

Nebraska v. Parker briefs and materials are here.

Oral Argument Transcript in Menominee Indian Tribe v. United States

Here.

Briefs and materials are here.

Yakama Nation Attorney Job Posting

Here:

2015-223 Associate Attorney Office of Legal Counsel

Ed Gehres Preview of the Dollar General Argument

Here is “Argument preview: The future of tribal courts — the power to adjudicate civil torts involving non-Indians,” on SCOTUSblog.

Dollar General briefs and other materials are here.

Hogen Adams Seeks Associate Attorney

Hogen Adams is based in the Twin Cities but represents Indian tribes and their business partners nationwide. We are an experienced team who handles all aspects of Indian law for tribes and their business partners, from multi-million dollar lawsuits and arbitrations to tribal financings to day-to-day tribal governance and employment issues. We have won significant cases involving the Indian Gaming Regulatory Act, treaty rights, tribal sovereign immunity, and tribal tax issues. We’ve also negotiated intergovernmental agreements, major casino developments, and complex settlements.

We are looking for an associate with 1-4 years of practice experience. Applicants must have strong writing skills and must evidence a commitment to representing tribal clients. We do not require but do prefer applicants with Indian law coursework or practice experience.

To apply, please email a cover letter, resume, law-school transcript and legal writing sample to Jessica Intermill, jintermill@hogenadams.com by January 1, 2016.

For more information about the Hogen Adams, please click here.

Rosebud Sioux Tribe Supreme Court Decision in Tribal Chairman’s Removal Dispute

Here is the opinion in Scott v. Kindle:

Scott

An excerpt:

The case at bar is fraught with such risk. There is no doubt that the action of the Tribal Council in removing President Scott from office is of historical significance. As such, it ought not be too readily set aside, especially when no practical remedy is available. As noted above, a new Tribal president, William Kindle, has recently been elected and taken office. Mr. Scott, even if he could prevail on his substantive arguments, cannot be placed back in office.3 Under these circumstances, it’s best to avoid any unnecessary constitutional conflict.

 

Cheyenne River Sioux Tribal Court of Appeals Decision in Tribal Redistricting Dispute

Here is the opinion in Woods v. Cheyenne River Sioux Tribal Council:

woods

An excerpt:

Despite the long and convoluted history of this case, much has been accomplished and both parties are to be commended for the positive results to date. As noted by Attorney Gunn in his letter of September 21, 2015, which is now part of the record in this case:

… the Tribal Council does not seek to undermine the rights and values enshrined in the Tribal Constitution or the Indian Civil Rights Act. To the contrary, the Tribal Council has honored and protected those rights by enacting redistricting legislation that ensures, and will continue to ensure, proportionate representation in the Tribal Council for all Tribal citizens.

There may still be differences of opinion in the details, but not on the overarching Tribal constitutional principle that mandates Tribal Council reapportionment. This, indeed, is worthy and noteworthy advance.

To be clear, while this case is over, the process of reapportionment and redistricting is not. Both sides realize that there is more to come, especially in regards to the Tribal Council’s commitment to taking a new tribal census in 2017 to guide redistricting for 2018 elections. See, e.g., Tribal Council Resolution 10-2015-CR. The implementation of this Tribal Council resolution may or may not lead to new litigation. If there is such litigation, the issue of Tribal Council sovereign immunity may be raised as a defense at that time. If it is, both the trial court and this Court shall rule upon it.

Op-Ed On ICWA from Reps. Cole & McCollum

From The Hill Congress Blog:

Prior to the passage of the Indian Child Welfare Act (ICWA) in 1978, it had become apparent that Native American children were systematically being taken from their homes and either put up for adoption or placed in foster care. The rate at which Native American children were taken was especially alarming to tribal nations that depend on their youth to preserve a truly unique heritage. Further, the disproportionate rate of these separations raised suspicions that they were based less in decisions about the well-being of children and perhaps more about separating youth from their tribal culture. In a repeat of the forced boarding school era, tribal nations were once again being told that to save their children, they had to be removed from their communities and cultures.

 

 

Executive Director Job Posting for Habematolel Pomo of Upper Lake Tribe

Position Description for the opening Executive Director position for Habematolel Pomo of Upper Lake tribe.  All inquiries regarding this position should be directed to: Geoff Hash (ghash@rosettelaw.com).

2015.10.16 TLE Inc. ED Position Description