indian law

Friday Job Announcements

Monica Williamson1 Comment

Job vacancies are posted on Fridays. Any posts received prior to 12pm EST on Friday will appear in that Friday’s announcements. If you would like to submit a post for an open Indian law or leadership job, please send a brief description of the job and a PDF job announcement to indigenous@law.msu.edu.

See postings from September 21, 2018.

Navajo Nation

Attorney, Department of Justice, Office of the Prosecutor, Tuba City, AZ.  This position serves at the pleasure of the Chief Prosecutor of the Navajo Nation.  New law school applicants as well as experienced attorneys are encouraged to apply.  Please see the job announcement and the Navajo Nation Department of Personnel Management website for more information.  Please contact Ms. Jaime High, Deputy Chief Prosecutor for further information at jaimehigh@navajo-nsn.gov.

Attorney, Department of Justice, Office of the Prosecutor, Kayenta, AZ.  New law school applicants as well as experienced attorneys are encouraged to apply.  Please see the job announcement and the Navajo Nation Department of Personnel Management website for more information.  Please contact Ms. Jaime High, Deputy Chief Prosecutor for further information at jaimehigh@navajo-nsn.gov.

Procopio

(2) Summer 2019 Native American Law Internships, Native American Internship Program, San Diego CA.  Procopio offers two paid summer internships. Please note the deadline for submission is October 31 at 5pm PST.  You can gain additional information about the applications here, and you can learn about our alumni of the program here.  Should you have any questions regarding the internship or the application process, please contact Ted Griswold at ted.griswold@procopio.com.

The Hopi Tribe

Deputy General Counsel, Kykotsmovi, AZ. The Deputy General Counsel provides professional legal counsel and representation to the Hopi Tribal government – including the legislative and executive branches of the Hopi Tribe, the administrative departments, offices and programs. Please see the job description for more information.

Chief Probation Officer, Kykotsmovi, AZ. This position is responsible for administrative management and supervision of the Probation Unit; and supervision of adult and juvenile probationers to assure adherence to court orders in support of the Hopi Tribal Court, Judicial Services. Please see the job description for more information.

Hobbs, Straus, Dean & Walker, LLP

Associate Attorney, Oklahoma City, OK. Our attorneys are dedicated to promoting and defending sovereign rights, expanding opportunities for tribes, and improving the lives of American Indians and Alaskan Natives. This position is open until filled. Please see the  job announcements for more information. To apply:  Candidates should submit a cover letter, resume, law school transcript, and recent writing sample to Cindy Bonewitz at cbonewitz@hobbsstraus.com.

Michigan Indian Legal Services

Staff Attorney,  Traverse City, MI. This position will focus on tribal and state law
legal issues; with an emphasis on tribal court child welfare and criminal defense
matters. This position will require overnight travel in the Upper Peninsula. For more information please see the job description.

The Ute Indian Tribe of Northeastern Utah

Tribal Prosecutor, Tribal Courts, Fort Duchesne, Utah. For more information regarding this position and how to apply, please refer to job description. Closing date: October 11th, 2018. To apply, please send application, resume, and certifications to one of the following individuals: Ronevav@utetribe.com or Taunishac@utetribe.com. Closing date: October 11th, 2018

Attorney, Social Services, Fort Duchesne, Utah. Attorney will act as the legal representative for the Ute Indian Tribe Social Services in child welfare and vulnerable adult related matters where court and/or legal interventions are needed to ensure the safety and well-being of clients served by the Ute Indian Tribe Social Services (UITSS). Please refer to job description for more information regarding this position. To apply, please send application, resume, and certifications to one of the following individuals: Ronevav@utetribe.com or Taunishac@utetribe.com. Closing date: October 11th, 2018

Tribal Law and Policy Center

Program Assistant, St. Paul, MN. The Program Assistant is a full-time position responsible for a range of administrative and program support duties to assist the TLPI Minnesota Office staff with the implementation of current TLPI projects. Application closes October 15, 2018. For more information please see the job description.

Native American Rights Fund

Paralegal, Boulder, CO. Application closes October 16, 2018. NARF paralegals provide multiple attorneys with whatever litigation, administrative, and clerical support is required. They coordinate and manage all aspects of cases and matters, including in all phases of the litigation process. Please see the job description for more information.

Sovereignty Symposium Writing Competition

Neoshia Roemer

The Supreme Court of Oklahoma and the Sovereignty Symposium, Inc. are sponsoring a writing competition open to all students enrolled in an accredited law school in the United States, its territories or Canada.

In conjunction with Sovereignty Symposium XXXI, which will be held June 6-7, 2018 at the Skirvin Hilton Hotel, Oklahoma City, Oklahoma, a scholarly collection of legal and historical writings will be presented to all participants.  Legal libraries all over the United States regularly solicit copies of the publications for their collections.   The subject matter of the paper may be on any area of the law relating to Native Americans or other indigenous peoples.  First, second, and third prizes in the amounts of $750.00; $500.00; and $250.00 will be awarded.  The winning entry will also be published in the 2018 Symposium compendium of materials.  Second and third place entries will be published if space permits.

The entries in the writing competition must be not less than thirty (30) single-spaced pages nor more than fifty (50) single-spaced pages in length.  The paper used shall be 8-1/2” x 11” in size.  The title of the paper, the name of the author and a current mailing address and telephone number must be placed on a cover page.  Only the title of the paper should appear at the top of the first page of the text.  The author’s name should appear on the cover page only.  Papers must be submitted in Word or Word Perfect format.  E-mail the formatted version to kyle.shifflett@oscn.net.  Use a 12-point font in Times New Roman format.  Again, the document should be single spaced.  The left and right margins must be 2”; the top and bottom margins must be 1.5”.

Papers are evaluated for: Timelines of Subject; Originality; Legal Analysis; Use of Authority; Creativity of Arguments; Strength and Logic of Conclusions; Grammar; Punctuation and Writing Style.

Entries must be received no later than May 1, 2018.  Publication releases will be required prior to payment of prize money.  Email entries to e-mail Kyle.shifflett@oscn.net.

Summer Indian Law Program at Montana

Kate Fort1 Comment

Here.

Law students, grad students, attorneys, tribal leaders:

JOIN US for the Summer American Indian and Indigenous Law Program here at the Alexander Blewett III School of Law at the University of Montana in beautiful Missoula. We are once again offering a unique slate of courses (for which we have also requested CLE credit) taught by some of the preeminent scholars and practitioners in our field. Topics include:

June 4-8: Indian Law Research, Prof. Stacey Gordon (ABIII School of Law, Univ. of Montana, Missoula, MT)

June 11-15: Mastering American Indian Law, Prof. Maylinn Smith (ABIII School of Law, Univ. of Montana, Missoula, MT)

June 18-22: American Indian Children and the Law, Professor Kate Fort (Michigan State University College of Law, East Lansing, MI)

June 25-29: Designing Effective Governmental Regulations, David Hindin (Director, Office of Compliance, Office of Enforcement and Compliance, USEPA, Washington D.C.)

July 2-6: Alaska Native Law and Policy, Matt Newman (Staff Attorney, Native American Rights Fund, Anchorage, AK)

July 9-13: Native Hawaiian Law, (Professor Melody Kapilialoha MacKenzie, William S. Richardson School of Law, Honolulu, HI)

July 16-20: Water Law in Indian Country, John Carter (Tribal Attorney, Confederated Salish & Kootenai Tribes, Pablo, MT)

July 23-27: Indigenous Peoples in International Law (Professor Kristen Carpenter, University of Colorado School of Law, Boulder, CO)

The program is a great opportunity for students, attorneys, and tribal leaders to gain or feed a passion for Indian law by engaging with other outstanding students and professors in a beautiful and scenic location. Please have them check out our website: www.umt.edu/indianlaw. Also, please feel free to pass the website along to others who may be interested in this opportunity to spend a few weeks this summer learning with us here in Missoula.

Friday Job Announcements

Neoshia Roemer3 Comments

Job vacancies are posted on Friday. Additional announcements may appear throughout the week. If you would like your Indian law or leadership job posted on Turtle Talk, please email indigenous@law.msu.edu.

DNA-People’s Legal Services, Inc.

Managing Attorney, Flagstaff, A.Z. The managing attorney is responsible for the management and oversight of the office they are assigned, including ensuring that office meets or exceed operational goals and objectives, providing necessary legal services for assigned cases, and liaising with the office staff to ensure effective client service business operations. At least three years of litigation experience preferred and should be licensed by the State Bar of Arizona.

Staff Attorney, Flagstaff and Tuba City, A.Z. The staff attorney will practice law on behalf of eligible clients. This attorney assists with prosecution of criminal cases in the Hopi Prosecutor Defender Office, and this attorney assists in civil cases for DNA offices. This position entails significant courtroom advocacy. Two years of litigation experience is preferred and should be licensed by the State Bar of Arizona.

Native Village of Eyak

Consultant , Cordova, A.K. The Native Village of Eyak is soliciting proposals for a consultant to assist in the development of an intensive outpatient treatment program for the Ilanka Community Wellness Center. Proposals must be received at the Native Village of Eyak Tribal Court office by 5:00pm Alaska time on March 1, 2018.

Grand Traverse Band of Ottawa & Chippewa Indians

Evaluator, Family Healing to Wellness Court, Peshawbestown, M.I. The Grand Traverse Band of Ottawa & Chippewa Indians is soliciting contractual-service proposals for an Evaluator to work in the Family Healing to Wellness Court under the court’s grant. The contractual services will start upon completion of contract negotiations and end on Sep. 30, 2019. Proposals will be accepted until 5:00pm EST on Wednesday, March 7, 2018.

Advocates for the West

Staff Attorney, Boise, I.D. Advocates for the West is a non-profit, public interest environmental law firm based in Boise. Currently, the firm is looking for a passionate and talented attorney to advocate for wild salmon and steelhead in Idaho and the Pacific Northwest. The Staff Attorney position has initial funding for two years, and Advocates for the West is looking for an attorney with one to five years of prior litigation experience.

Saginaw Chippewa Indian Tribe

Prosecutor, Mount Pleasant, M.I. The Prosecutor will work closely with tribal law enforcement and judicial officials to effectively administer justice on the Saginaw Chippewa Indian Reservation, prosecute crimes committed by Native Americans within the exterior boundaries of the Isabella Reservation, and act as Tribal Presenter in Child Abuse and Neglect cases.

Tribal Historic Preservation Office

Tribal Historic Preservation Officer, Shelbyville, M.I. The Tribal Historic Preservation Office is looking for a Preservation Officer to oversee and ensure the preservation, protection, and management of ancestors, sacred objects, archaeological sites, properties/traditional cultural places, and archives significant to Pottawatomi history and culture.

Fort McDowell Yavapai Nation

Deputy Prosecutor, Fountain Hills, A.Z. The Fort McDowell Yavapai Nation is looking for a Deputy Prosecutor to represent the Nation in all criminal, juvenile, dependency, and/or comparable actions. Applicants must be members of the State Bar of Arizona and have three years of responsible experience in criminal prosecution or defense of criminal cases. Applications close on March 8, 2018.

Little Traverse Bay Bands of Odawa Indians (Update)

Student Clerkship and Internship, Harbor Springs, M.I. The Little Traverse Bay Bands of Odawa Indians (LTBB) Tribal Court is seeking two summer law clerks, one paid and one funded through your school or other external sources.  The Tribal Court is a court of general jurisdiction hearing cases including, but not limited to: criminal, civil, drug court, domestic violence, eviction and children’s cases. Please email cover letters and resumes to Jody Gasco, jgasco@ltbbodawa-nsn.gov.

Other announcement(s) posted to Turtle Talk this week: Program Coordinator for NAICJA

Last week’s announcements: Feb. 16, 2018.

Grant Christensen on Recent SCOTUS Decisions on Personal Jurisdiction and Tribal Courts

Matthew L.M. Fletcher1 Comment

Grant Christensen has posted “Personal Jurisdiction and Tribal Courts after Walden and Bauman: The Inadvertent Impact of Supreme Court Jurisdictional Decisions on Indian Country.”

Here is the abstract:

In 2014 the United States Supreme Court added two new cases to the canon on the meaning of due process in the context of personal jurisdiction. These cases clarified the metes and bounds of specific and general personal jurisdiction. However, decisions that fit within the state and federal court system do not always easily have cross applications to tribal courts – which nonetheless are obliged to extend due process rights via the Indian Civil Rights Act. This article takes the Supreme Court’s 2014 decisions and discusses their potential application to tribal courts and their use within Indian Country.

Alex Pearl on Maximizing Welfare and Efficiency Through Informal Norms in Indian Law

Matthew L.M. Fletcher

M. Alexander Pearl has posted “Of ‘Texans’ and ‘Custers’: Maximizing Welfare and Efficiency Through Informal Norms,” forthcoming in the Roger Williams University Law Review, on SSRN.

Here is the abstract:

Professor Robert Ellickson (Yale) theorized that the informal norms of a close-knit community maximize aggregate welfare and Professor Barak Richman (Duke) identified two distinct types of private ordering systems: “shadow of law” and “order without law.” Under the Ellickson-Richman structure, many Indian tribes qualify as close-knit groups where informal norms effectively operate. The additional trait of isolation — both geographic and cultural — makes them ideal communities for the prioritization of informal norms. The imposition of external law, such as state law, is harmful and unnecessary to the maintenance of order in these communities. Recent legislative efforts to ameliorate criminal problems in Indian Country miss the mark and an alternative solution prioritizing the operation of informal norms and private ordering should prevail over application of external law and structures.

This article expands upon Ellickson’s assessment of how social behavior is affected by law and other forces, such as the informal norms in a given social group. Part I explains Ellickson’s theory and analyzes other important contributions made by other scholars. Part II discusses the taxonomy of historical and current examples of communities utilizing informal norms, or private law based mechanisms, to resolve disputes and how efficient results that maximize welfare (as defined by the community) are achieved. Part III, addresses the question of whether government law enforcement interferes with the close-knit community to an extent great enough to diminish the efficacy, or existence, of operative informal norms. Part IV examines anthropological sources to argue that the unique attributes of various Indian tribes and tribal communities warrant definition as the type of close-knit communities contemplated under Ellickson’s theory. Part V explains why the informal norms of certain tribal communities should be allowed to operate without interference from outside legal forces (Custers). Finally, Part VI looks at the relevant provisions in the recently passed Tribal Law and Order Act of 2010 and asks whether they effectively address the criminal justice issues facing Indian tribes subject to State criminal jurisdiction.

Michalyn Steele: “Comparative Institutional Competency and Sovereignty in Indian Affairs”

Matthew L.M. Fletcher

Michaelyn Steele has posted her paper, “Comparative Institutional Competency and Sovereignty in Indian Affairs,” on SSRN.

Here is the abstract:

While vigorous debate surrounds the proper scope and ambit of inherent tribal authority, there remains a critical antecedent question: whether Congress or the courts are best situated ultimately to define the contours of inherent tribal authority. In February 2013, Congress enacted controversial tribal jurisdiction provisions as part of the Violence Against Women Act reauthorization recognizing and affirming inherent tribal authority to prosecute all persons, including non-Indian offenders, for crimes of domestic violence in Indian country. This assertion by Congress of its authority to set the bounds of tribal inherent authority — beyond where the Supreme Court has held tribal inherent authority to reach — underscores the importance of addressing the question of which branch ought to resolve the issue. This Article proposes a framework drawn from Supreme Court jurisprudence in the field of state sovereignty to argue that when sensitive issues of sovereignty are at stake, the comparative competence of the respective branches must be considered. Unlike any preceding work in this field, this Article proposes a model based on the indicia of institutional competence to suggest that Congress, rather than the courts, is the branch best suited to determine the scope of inherent tribal sovereignty.

New Scholarship on Tribal Customs and Land Use

Matthew L.M. Fletcher

John C. Hoelle has published his interesting paper, “Re-Evaluating Tribal Customs of Land Use Rights,” in the University of Colorado Law Review, available on SSRN.

Here is the abstract:

Indigenous peoples developed sustainable land tenure systems over countless generations, but these customary systems of rights are barely used by American Indian tribes today. Would increasing formal recognition of these traditional customs be desirable for tribes in a modern context? This Comment examines one traditional form of indigenous land tenure – the use right – and argues that those tribes that historically recognized use rights in land might benefit from increased reliance on these traditional customs. The Comment argues that in the tribal context, use rights can potentially be just as economically efficient, if not more so, than the Anglo-American system of unqualified, absolute ownership in land. The Comment also argues that tribal customs of land use rights may help preserve Indian cultural identity by cultivating core, non-economic values of tribal peoples. The Comment concludes by addressing some of the challenges tribes will likely face in attempting to more broadly rely on their customs of land use rights in the new millennium, while also remarking on some current and important opportunities for the re-integration of tribal customs in tribal land law.

Commentary: Tribes Lead Efforts to Implement UN Declaration

Kirsten Matoy Carlson
by Robert T. Coulter*

Photo for Robert T. Coulter
Robert T. Coulter is Executive Director of the Indian Law Resource Center. He is a member of the Citizen Potawatomi Nation and has more than 30 years of experience in the field of Indian law.

It has been just a year since President Obama announced the Administration’s support for the UN Declaration on the Rights of Indigenous Peoples and promised action to implement at least some of those rights.  Across the country, tribal governments are seizing the Declaration and using it creatively to protect their lands and resources, and especially their rights to cultural and sacred sites.

For example, the Navajo Nation has used the Declaration in its efforts to protect the San Francisco Peaks, and the Seneca Nation has pointed out Article 37 (“Indigenous peoples have the right to the recognition, observance and enforcement of treaties”) in its efforts to resolve a 60-year occupation of Seneca territory by the New York State Thruway that violates the 1794 Treaty of Canandaigua. Continue reading →

University of Montana School of Law — Environmental/Indian Law Job Posting

Matthew L.M. Fletcher

The University of Montana School of Law invites applications for a tenure-track Assistant Professor of Law position for: Environmental/Indian Law.  The position is a ten-month contract beginning fall semester 2012.  Starting salary: $72,000 – $74,000.  To view a full job description, minimum requirements needed, and to apply, go to http://university-montana-hr.silkroad.com/epostings/.   ADA/EOE/AA/Veterans’ Preference