Howard L. Brown and the Honorable Raymond D. Austin have published “The Navajo Preference in Employment Act: A Review and Update of Cases and Rules, 2010–2012” in the New Mexico Law Review.
The original article from 2010 is here.
Navajo Preference in Employment Act
Navajo SCT Rules against Navajo Member in Employment Suit with BHP Bilton/New Mexico Coal Co.
Here is the opinion in Jones v. BHP Bilton/New Mexico Coal Co.:
Federal Court Enjoins Enforcement of Navajo Employment Preference Law against Salt River Project
Here are the materials in Salt River Project Agricultural Improvement & Power District v. Lee (D. Ariz.):
DCT Order Granting Salt River Project Motion
Salt River Project Motion for Summary J
This case is on remand from the Ninth Circuit, materials here.
For more background on the Navajo Preference in Employment Act, see Howard Brown and Ray Austin’s excellent article here.
Navajo Nation DOJ Attorney Position Announcement
The Navajo Nation Department of Justice is seeking three energetic and motivated attorneys with varying years of legal experience. One position requires a minimum of eight years of experience in natural resources and/or environmental law. One position requires a minimum of two years of experience in water law or Indian law. One position requires a minimum of two years of experience in Indian law or tribal law. Current Arizona, New Mexico, or Utah and Navajo bar licensure is preferred, though not required. Please direct applicant packets consisting of (1) Letter of Interest with current address, telephone numbers, and e-mail address; (2) Navajo Nation employment application; (2) resume; (3) recent legal writing sample; (4) copy of bar membership certificates, if any; and (5) law school graduation documents to Navajo Nation Department of Justice, Attention: Dana Bobroff, Deputy Attorney General, Office of the Attorney General, P.O. Box 2010, Window Rock, AZ 86515, and to the Navajo Nation Department of Personnel Management, P.O. Box 7080, Window Rock, Arizona, 86515. Please visit www.nndoj.org to obtain a copy of the job description and www.nndpm.navajo.org/services.htm to obtain a copy of the Navajo Nation employment application. Applications will be accepted beginning June 18, 2012. For any questions, please contact Dana Bobroff at 928/871-6345.
The Navajo Nation Department of Justice complies with the Navajo Preference in Employment Act. This position is open until filled.
New Mexico Bar Journal Article on Navajo Nation Preference Laws and the EEOC
Here.
Peabody Coal and Navajo Nation File Cert Petitions against EEOC over Navajo Tribal Employment Preference
Here is the Peabody Coal petition: Peabody Coal Cert Petition.
The question presented:
Where the EEOC contends that conduct required by a tribal coal mining lease provision mandated by the Secretary of the Interior violates Title VII of the Civil Rights Act of 1964, which statute expressly bars the EEOC from suing the Secretary to enforce Title VII, does Federal Rule of Civil Procedure 14 permit the coal mining lessee or the tribal lessor to implead the Secretary as a third-party defendant?
And here is the Navajo cert petition: Navajo Nation Cert Petition
The questions presented:
1. May the sovereign immunity of the United States and of a federally recognized Indian tribe, preserved in Title VII of the Civil Rights Act of 1964, be abrogated by application of Rules 14 and 19 of the Federal Rules of Civil Procedure?
2. May a court use Rule 14 to permit or require a party to implead the Secretary of the Interior in a case where the applicable statute does not confer a right of contribution?
Lower court materials here.
And here is Dr. Ray Austin’s fine history of the tribal law in question. And my paper from 7 years ago on Rule 19 and Indian tribes. [Read my paper and you’ll know how this is going to turn out.]
Ray Austin & Howard Brown on the Navajo Preference in Employment Statute
Howard L. Brown & Hon. Raymond Austin will soon publish “The Twenty-Fifth Anniversary of the Navajo Preference in Employment Act” in the New Mexico Law Review. Here is a sneak preview: Navajo Preference in EmploymentAct, 40 NMLR 17 (2010).
A very, very timely and important article, especially given the recent Ninth Circuit order and remand in EEOC v. Peabody Coal.
Turtle Talk 