Navajo Nation – Page 22

Navajo Nation Supreme Court Decision in Tsosie v. Deschene

October 24, 2014Kate Fort3 Comments

Opinion here.

Based on the foregoing, by majority decision, the Court hereby enters a Permanent Writ of Mandamus against the Respondents. Under its administrative duties to implement the Election Code, the NEA is ordered to comply with 11 N.N.C. 44. The ballots are to be immediately reprinted without the name of the disqualified candidate, Christopher C. Deschene. It is unavoidable that the November 4, 2014 election must be postponed as agreed to by the Chief Legislative Counsel, and as permitted by 11 N.N.C. 3 to ensure a valid election.

Briefs posted here.

NYTs Editorial: “Delayed Justice for the Navajos”

September 30, 2014September 30, 2014Matthew L.M. Fletcher

Here.

NYTs Article on Controversy over Navajo Fluency Requirement for Political Candidates

September 27, 2014Singel1 Comment

Here is “Presidential Candidate in Navajo Nation Protests a Language Requirement.“

Domestic Violence Prevention Conference, Navajo Nation Museum

September 26, 2014Victoria Sweet

Domestic Violence Prevention Conference will be held in Window Rock, AZ at the Navajo Nation Museum, October 15 & 16, 8:30 a.m. – 4:30 p.m.

Flier with more information:

Domestic PVC 2014

Agenda:

Oct 15 & 16-Draft Agenda

Ninth Circuit Affirms Title VII Exemption for Tribal Preference in Employment`

September 26, 2014September 26, 2014Matthew L.M. Fletcher1 Comment

Here is the opinion in EEOC v. Peabody Western Coal Co.:

EEOC Opinion – 09-26-2014

The syllabus:

The panel affirmed the district court’s summary judgment against the Equal Employment Opportunity Commission with respect to its claim that Title VII of the Civil Rights Act of 1964 prohibited the tribal hiring preference contained in Peabody Western Coal Co. leases with the Navajo Nation.

The panel held that the Navajo hiring preference in the leases was a political classification, rather than a classification based on national origin, and therefore did not violate Title VII. The panel concluded that the district court correctly granted summary judgment to defendants Peabody Western Coal Company and Navajo Nation, and third-party defendant Secretary of the Interior. The panel also held that the EEOC waived on appeal its record-keeping claim. Finally, the panel held that the district court acted within its discretion in denying the EEOC’s eleventh-hour motion to supplement the record with a declaration and documents about Peabody’s hiring practices in 1999.

Briefs here. Oral argument audio here.

NPR Story on Cigarette Smoking Prevention Policies on Reservations

August 27, 2014Kate Fort

Here.

Walking onto the gaming floor at the Twin Arrows Casino near Flagstaff, Ariz., is a sensory-rich experience, with winning bells and slot machine jingles a constant. But in addition to hearing the sounds of the gaming floor, visitors also smell cigarette smoke.

The Smoke-Free Arizona Act doesn’t apply to this casino, located just inside the southern borders of the Navajo Nation. That means smoking in an enclosed public space is legal.

But in some communities on the reservation, that’s beginning to change. Dozens of Navajo Nation communities passed local clean air resolutions this year. The measures ban tobacco use in government buildings and workplaces.

The Oso Vista Ranch Project, a youth development organization in northwestern New Mexico, is working to prevent Native American youth from smoking. In May, the group persuaded the Crownpoint chapter to ban smoking in public buildings, making it the first Navajo government entity to do so.