Sixth Circuit Denies En Banc Petition in NLRB v. Little River Tribal Govt; Saginaw Chippewa En Banc Petition Remains Pending

Here is the order (Judge McKeague dissents):

CA6 Order Denying Rehearing En Banc

En banc materials in both cases here.

Ninth Circuit Oral Argument in Window Rock Unified School District v. Nez (Formerly Reeves)

Here.

Briefs and lower court materials here.

Indian Law Resource Center Fellowships and Legal Internship Announcements

Fellowship Information:

The Indian Law Resource Center is a non-profit legal advocacy organization dedicated to providing legal advice, assistance, and representation to Indian tribes and indigenous communities throughout the Americas. We are also committed to developing new attorneys in the fields of Indian law and international human rights law.
To this end, we offer several fellowship and clerkship opportunities in both our Helena, Montana and Washington, D.C. offices. These fellowship and clerkship opportunities require a minimum eight week commitment and entail legal research and writing on major Indian rights issues related to current projects of the Indian Law Resource Center. The Lewis and Sidley Fellowships both offer a stipend of $3,000 for the term of the Fellowship. Applicants are welcome to supplement this stipend with additional financial support through their law school’s public interest programs or through other public interest scholarships.
The John D. B. Lewis Fellowship is a competitive Fellowship awarded each year to a law student who shows particular promise for a career in international indigenous human rights issues.
The Terrance A. Sidley Fellowship is a competitive Fellowship awarded each year to a law student who shows particular promise for a career in federal Indian law and international indigenous human rights issues.

The application deadline for Summer 2016 is October 30, 2015. Full details available here Lewis and Sidley Fellowships 2016

Legal Internship Information:

The Indian Law Resource Center seeks a legal intern for our Washington, DC office for Fall 2015. Knowledge of international and/or federal Indian law and Spanish language skills are preferred but not required. Internships are available for all levels of experience.

Applications for the Fall 2015 legal internship are accepted on a rolling basis until positions are filled. Full details available here Fall 2015 Legal Intern Announcement (3)

Arizona Rep. Albert Hale Letter to Arizona Governor and AG Objecting to Arizona Signing onto Anti-Indian Brief Filled by Oklahoma in Dollar General

Here:

Dollar General Corp v MI Band of Choctaw Indians_HALE

An excerpt:

The State has joined in support of the Petitioner despite the fact that the State of Mississippi has made the policy decision that on-reservation torts arising in Mississippi should not consume State resources and are better addressed by tribal institutions. The State of Mississippi is submitting an amicus brief in support of the Tribe. Arizona’s decision to sign on to Oklahoma’s amicus brief flies in the face of Mississippi’s sovereign prerogatives on how to interact with Indian Nations within Mississippi’s borders. This is disrespectful; Arizona should stay out of Mississippi’s tribal affairs decisions.

Dollar General briefs and materials are here.

Otoe-Missouria Tribe of Indians Seeks to Quash Third-Party Subpoena in Class Action re: Sovereign Lending

Here is the motion in Dillon v. BMO Harris (W.D. Okla.):

1 Motion to Quash

Here are materials in the North Carolina portion of this suit.

Tohono O’odham Nation against Arizona Dept. of Gaming Director to Proceed

Here are the materials in Tohono O’odham Nation v. Ducey (D. Ariz.):

3 TON Motion for PI

49 Governor-AG Motion to Dismiss

50 Ariz Dept of Gaming Motion to Dismiss

60 TON Response to 50

69 ADG Reply

70 Gov-AG Reply

80 TON Reply in Support of PI

Derek Kauanoe on Native Hawaiian Rights

Here is “Law Recognizes Native Hawaiians as Indigenous People With Special Rights: Legal rulings dating back to 1863 and ongoing global recognition today confirm the appropriateness of laws that apply only to indigenous Native Hawaiians.”

Update in Agua Caliente Band v. Coachella Valley Water District

Briefs filed by the Tribe and the United States to obtain summary judgment on the water districts’ equitable defenses asserted in response to the Tribe’s claim for a declaration of its federally reserved rights to groundwater.

Here:

2015-09-18 – Dkt 137 – US Notice and Motion for Partial Summary Judgment…

2015-09-18 – Dkt 138 – ACBCI Notice and Motion for Partial Summary Judgm…

Prior materials here.

Trust Breach Claims by Nine Tribes Survives Motion to Dismiss

Here are the materials in Sisseton Wahpeton Oyate v. Jewell (D.C. District Court):

17 Amended Complaint

19 US Motion to Dismiss

22 Opposition

23 US Reply

27 DCT Order

DOJ Motion for Summary Judgment and National Orgs Amicus Brief Filed in Guidelines Litigation

Latest filings in Nat’l Council for Adoption v. Jewell:

DOJ Memorandum for Summary Judgment

A favorite footnote (5 is good too):

10 Finally, BAF does not elaborate as to why placement with an Indian child’s family or tribe could not also be “loving,” and its silence is telling. ICWA was designed as a remedy for precisely this type of bias: the stereotype held by some child-welfare advocates that Indian children will be better off placed with a non-Indian family. See Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 37 (reiterating that Congress feared that application of a “white, middleclass standard” will, “in many cases, foreclose[] placement with [an] Indian family”). BAF’s misguided view is, at best, an “abstract concern” that is insufficient to create standing. See Lane, 703 F.3d at 675 (citing Simon, 426 U.S. at 40).

National Organizations (NCAI, NICWA, AAIA) Amicus Brief in Support