1855 Treaty Authority Members Issued Citations

Leah Jurss

A group of individuals from Ojibwe nations in Minnesota known as the “1855 Treaty Authority” staged a wild rice harvesting gathering in Nisswa, Minnesota on Hole-in-the-day Lake on August 27, 2015. The location is outside of current reservation boundaries, but within the territory ceded by the 1855 Treaty with the Chippewa. The group is asserting that because the 1855 Treaty did not specifically remove hunting, fishing, and gathering rights on the ceded territory, those rights still exist for tribal members off-reservation.

The Minnesota DNR issued one-day permits to diffuse tensions, but several members of the Treaty Authority continued to rice and gillnet the following day, and were issued citations for gillnetting without a permit. The final decision to formally charge the members with gross misdemeanors and bring the case to court is still forthcoming from the Crow Wing county attorney.

In 1999, the Supreme Court upheld the Mille Lacs Band of Ojibwe’s 1837 Treaty right to hunt, fish, and gather on ceded lands after determining that the 1855 Treaty did not extinguish those usufructuary rights. The Mille Lacs case did not decide whether the 1855 Treaty itself preserved off-reservation hunting, fishing, and gathering rights for other tribes in Minnesota.

The 1855 Treaty Authority previously attempted to get this issue into federal court in 2010, but the DNR did not issue any citations at that point.

Press release from the 1855 Treaty Authority here.

Letter to Minnesota’s governor here.

Response from Minnesota DNR here.

Previous coverage here.

New Jobs in Interior Dept.

Matthew L.M. Fletcher

Attorney at the regional office in Salt Lake City.  Looks like the focus is Bureau of Reclamation, but there might be some Indian law work involved:

https://www.usajobs.gov/GetJob/ViewDetails/414679500

 

And paralegal in DC, in the Division of Indian Affairs:

https://www.usajobs.gov/GetJob/ViewDetails/414607500

CFR Court Prosecutor and Public Defender Solicitations

Matthew L.M. Fletcher

The below Request for Quotes are available on the Federal Business Opportunities website. Please note, they are advertised as 100% Indian Small Business Economic Enterprise Set-aside in accordance with the Buy Indian Act.

  1. RFQ No. A15PS01328, closes 9/10/2015, Prosecutor
  1. RFQ No. A15PS01329, closes 9/10/2015 Public Defender

Please direct all questions to the Contracting Officer listed on the solicitation

Jessica Intermill on Federal Statutes of General Applicability

Matthew L.M. Fletcher

Jessica Intermill has published “Competing Sovereigns: Circuit Courts’ Varied Approaches to Federal Statutes in Indian Country” in the September 2015 issue of the Federal Lawyer. The article details the Sixth Circuit’s varied approaches in Little River Band of Ottawa Indians Tribal Government v. NLRB and NLRB v. Soaring Eagle Casino and Resort (en banc petition materials here).

Resources for Lawyers and Law Students with ADHD

Singel

A conservative estimate of 44,000 lawyers have ADHD/ADD, the majority of which are diagnosed. Lynn Phillip’s article in the ABA’s GPSolo Magazine outlines some of the major warning signs for lawyers.

In lawyers, one of the most obvious manifestations of the condition is their ongoing attempts to “get organized”—which always end in only short-term success, if any. They report falling behind in their work or being fearful they missed something important, and frequently they feel that they are not living up to their potential. By this point in their lives, many lawyers have learned to work around the manifestations of their ADHD symptoms. They struggle to stay focused on boring tasks, have trouble managing their time, and often start projects enthusiastically but quickly lose their excitement and, with it, the desire to finish the project. They are usually aware of being facile and quickly grasping and building on concepts, but planning for the eventual goal is a problem. They often have low self-esteem because of their inability to be consistent, stay focused, and curb impulses, and frequently they struggle with relationships—partly because they miss or misunderstand the social cues people give one another. They question why things that seem easy for others can be such problems for them.

This does not mean lawyers with ADHD are not extremely successful in practice. Here is one lawyer’s story of living with ADHD.

The World Health Organization has created a short self-diagnostic test, which can help in determining whether taking the time for a professional evaluation would be worthwhile.

Lawyer Assistance Programs are a great first resource for lawyers and law students with ADHD. State LAPs are often able to provide short-term counseling, referrals to doctors and counselors, and additional resources.

Law students with diagnosed, or undiagnosed, ADHD experience an especially difficult time staying organized, focusing on reading assignments, and ensuring deadlines are met throughout the semester. Students with an ADHD diagnosis should ensure they are working with their law school’s student services office to obtain any necessary exam or classroom accommodations needed.

The Harvard University Bureau of Study Counsel in the Center for Academic and Personal Development has developed many resources for students with ADHD, including short guides on Remembering What You Read, the Fundamentals of Time and Task Management, Practices in Managing Time, and Strategies for Focus and Concentration.

Eleventh Circuit Rules in Favor of Poarch Band in Gaming Dispute with Alabama

Matthew L.M. Fletcher

Here is the opinion in State of Alabama v. PCI Gaming Authority.

Briefs are here.

Ojibwe Gearing Up for Treaty Hunting and Gathering Case

Ann Tweedy1 Comment

The potential case concerns wild rice gathering and hunting off reservation and will likely include a habitat protection component. The Minnesota Public Radio article is here.

Rapa Nui leaders seek protection from Chile armed forces

Kirsten Matoy Carlson

FOR IMMEDIATE RELEASE 
September 2, 2015 

Indian Law Resource Center
Contact: Ginny Underwood 
gunderwood@indianlaw.org 
+1-405-229-7210 

WASHINGTON, D.C. —   Renewed tension between the Rapa Nui people and the Chilean government has prompted the Indian Law Resource Center to file a request for protection orders on behalf of the Rapa Nui clans with an international human rights body.  

“In the last two weeks, four prominent Rapa Nui leaders were unjustly arrested and jailed for trying to exercise their right of self-determination and their right to protect their sacred sites,” said Leonardo Crippa, senior attorney in the Center’s Washington, D.C. office.   “The repressive measures aimed at disabling the Rapa Nui Parliament must stop.” 

The Center has asked the Inter-American Commission on Human Rights (IACHR) to reissue precautionary measures to protect the Rapa Nui peoples’ right to life, their right to liberty and to protect their basic human rights. In 2010, the Commission granted precautionary measures under similar circumstances to protect Rapa Nui leaders from violent evictions by the Chilean government and opened an investigation regarding human rights violations.   Those measures were allowed to lapse after negotiations began between the Rapa Nui Parliament and the Chilean government.   In March 2015, negotiations broke down and the Rapa Nui Parliament assumed management of their own resources to protect and preserve their sacred sites.

“ Chile treats the Rapa Nui as sub-human and without rights,” said Santi Hitorangi, a member of the Hito Clan, as he described the tension on Easter Island.   “The fact that the state has named our ancestral sites as a national park for their entertainment shows the degree of disrespect that exists between Chile and the Rapa Nui people.”

The Rapa Nui island, commonly known as Easter Island, is in the southeastern Pacific Ocean and is called a special territory of Chile, annexed in 1933 without the consent of the Rapa Nui people. Most of the 36 Rapa Nui clans have been engaged in a collective effort to recover their ancestral lands, protect sacred sites, and exercise their right of self-determination.  

The IACHR’s mission is to promote and protect human rights.   As an organ of the Organization of American States, the Commission has the authority to hold countries such as Chile accountable for human rights abuses. A decision by IACHR on reissuing precautionary measures could come within a few months.

###
The Indian Law Resource Center is a non-profit law and advocacy organization established and directed by American Indians. The Center is based in Helena, Montana, and also has an office in Washington, D.C.   The Center provides legal assistance without charge to Indian nations and other indigenous peoples throughout the Americas that are working to protect their lands, resources, human rights, environment and cultural heritage. The Center’s principal goal is the preservation and well-being of Indian and other Native peoples.   For more information, please visit us online at www.indianlaw.org or www.facebook.com/indianlawresourcecenter .

Gun Lake Investment Searches for CEO

Sarah M Donnelly

Job announcement here.

Resumes with cover letters should be sent before end of business on Monday, September 30, 2015.

Sac and Fox Nation of Missouri Accepting Applications for Tribal District Judge

Sarah M Donnelly

Job announcement here.