Here is the opinion in Sault Ste. Marie Tribe of Chippewa Indians v. Bernhardt (D.D.C.):
Case tag here.
Please check out my new paper, “The Rise and Fall of the Ogemakaan,” now available on SSRN. Here is the abstract:
Anishinaabe (Odawa, Bodewadmi, and Ojibwe) legal and political philosophy is buried under the infrastructure of modern self-determination law and policy. Modern Anishinaabe tribes are rough copies of American governments. The Anishinaabeg (people) usually choose their ogemaag (leaders) through an at-large election process that infects tribal politics with individualized self-interest. Those elected leaders, what I call ogemaakaan (artificial leaders) preside over modern governments that encourage hierarchy, political opportunism, and tyranny of the majority. While modern tribal governments are extraordinary successes compared to the era of total federal control, a significant number of tribes face intractable political disputes that can traced to the philosophical disconnect from culture and tradition.
Anishinaabe philosophy prioritizes ogemaag who are deferential and serve as leaders only for limited purposes and times. Ogemaag are true representatives who act only when and how instructed to do so by their constituents. Their decisions are rooted in cultural and traditional philosophies, including for example Mino-Bimaadiziwin (the act of living a good life), Inawendewin (relational accountability), Niizhwaaswii Mishomis/Nokomis Kinoomaagewinawaan (the Seven Gifts the Grandfathers or Grandmothers), and the Dodemaag (clans). I offer suggestions on how modern tribal government structures can be lightly modified to restore much of this philosophy.
Here are the materials so far in Sault Ste. Marie Tribe of Chippewa Indians v. Bernhardt (D.D.C.):
Prior posts on the Lansing/Wayne County casino proposals are here.
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 position (which includes position title and location) as well as a PDF job announcement to firstname.lastname@example.org.
Nottawaseppi Huron Band of the Potawatomi
Legal Intern, Fulton, MI. Under the direction of the Chief Legal Counsel and Tribal Attorney, the incumbent provides professional and administrative support to the Chief Legal Counsel and the Staff Attorney. For more information visit the link. Application closes Monday, March 18, 2019.
The Navajo Nation
Law Clerk Intern (summer), Department of Justice, Office of the Prosecutor, multiple worksite locations: Window Rock, AZ, Crownpoint, NM, Ramah, NM, Tohajiilee, NM, Shiprock, NM, Chinle, AZ, Kayenta, AZ, and Tuba City, AZ. For more information please contact Gertrude Lee, Chief Prosecutor, at email@example.com and see the position description.
Request for Proposals, Allegany and Cattaraugus Territories located in Western New York. The Seneca Nation desires to enter into a contractual agreement with the selected attorney and is interested in establishing and maintaining a long-term, working relationship. Interesting parties shall submit proposal by April 1, 2019. More details can be found on the RFP.
Colorado River Indian Tribe
Legal Aid Director, Parker, AZ. Please see the job description for more information regarding client contact, attorney, and administrative duties. The site to find the downloadable application is http://crit-nsn.gov/crit_contents/notices/.
Deputy Attorney General, Parker, AZ. The Deputy Attorney General works with Tribal Council and all Tribal Departments and Enterprises, under the supervision of the Attorney General. For more information please see the job description. Application closes April 8, 2019. The site to find the downloadable application is http://crit-nsn.gov/crit_contents/notices/.
Sault Tribe of Chippewa Indians
Tribal Attorney – ACFS, Sault Ste. Marie, MI. Under the direction of the Child Placement Program Director and the General Counsel, the Tribal Attorney – ACFS represents the interests of the Sault Ste. Marie Tribe of Chippewa Indians in Indian Child Welfare cases in state courts. The position is also responsible for performing the duties of the Prosecutor’s Office related to child welfare and related cases in the absence of the Tribal Prosecutor. For more information please see the job description.
Housing Director, Marksville, LA. Manage the operations of the housing program by directing and coordinating activities consistent with the established goals, objectives and policies of the Indian Housing Plan (IHP), and any other funding sources. For more information please see the job description.
Attorney General, Marksville, LA. This position is responsible for protecting all Tribal assets, defending the integrity of the Tribe, assisting and advising all Tribal entities in their pursuit of progress on behalf of Tribal members, and managing and providing legal services and representation to the Tribe, its Tribal Council, its Tribal Government, and its Tribal Entities. For more information please see the job description.
Department of the Interior, Office of the Solicitor
Attorney-Adviser, Division of Indian Affairs, Washington D.C. The incumbent will serve as a staff Attorney-Adviser providing legal advice and guidance to the Bureau of Indian Education (BIE). GS-14, application closes on March 22, 2019. Please visit the link for more information.
The University of Arizona College of Law, Indigenous Peoples Law & Policy (IPLP)
Director, IPLP Tribal Justice Clinic (full-time fiscal year-to-year appointment), Tucson, AZ. This position will be involved in the IPLP Program’s teaching, research, and service work in promoting the protection, promotion and advancement of the human rights of American Indian and other indigenous peoples, organizations and communities around the world. Please see the job description or click here for more information.
Director, IPLP Tribal Justice Clinic (Tenure Track), Tuscon, AZ. This position will be involved in the IPLP Program’s teaching, research, and service work in promoting the protection, promotion and advancement of the human rights of American Indian and other indigenous peoples, organizations and communities around the world. Please see the job description or click here for more information.
The Legislative Branch for the Mille Lacs Band of Ojibwe
(2) Legislative Staff Attorneys, Onamia, MN. Assist the Chief Legislative Counsel in the amending, revision, and creation of Band Legislation. In order to aid in the development of progressive and practical legislation for the Band, Legislative Staff Attorneys are required to collaborate on committees with staff from all three branches of the Band’s government, attend legislative sessions, and occasionally travel to the Band’s multiple districts within the state of Minnesota. See the job description for more information.
Litigation Associate Attorney, Grand Rapids, MI. Seeking an ambitious and experienced attorney. This firm specializes in representing federally recognized Indian tribes, their governmental entities and agencies, and businesses. For more information please see the job description.
Friends Committee on National Legislation
Congressional Advocate, Washington D.C. The Congressional Advocate on Native American Policy manages the Native American Advocacy program, keeping track of legislation and funding proposals that affect Native Americans, communicating with Congress about selected bills and issues, and lobbying on legislation that is important to Indian country. Please see the description for more information. Application closes June 1, 2019.
Port Madison Enterprises
Legal Office Manager/Board Coordinator, Suquamish WA. This position assists in the management and conduct of the analysis of policy issues, proposed tribal, state or federal legislation, or other items of special concern to the Port Madison Enterprises (“PME”) Legal Department, and the PME Board of Directors; performs complex paralegal duties requiring a high degree of knowledge of legal concepts, issues, and research; and is required to oversee the work of Administrative Assistants, Legal Secretaries, and/or Paralegals. Please see the job description for more information.
See posts from March 8, 2019.
Here are the materials in Bay Mills Indian Community v. Snyder (W.D. Mich.):
TRIBAL COUNCIL SEEKS LETTERS OF INTEREST FROM PERSONS TO SERVE AS CHIEF JUSTICE ON THE NHBP TRIBAL SUPREME COURT. The Tribal Council is soliciting letters of interest from qualified individuals interested in being appointed to serve on the NHBP Supreme Court. The individual appointed to this position would be appointed to a six (6) year term of office expiring on December 31, 2022. Letters of interest must be submitted no later than November 25, 2016 to be considered. Interested applicants should send a letter of interest and statement of qualifications (or resume) to: Jamie P. Stuck, Tribal Council Chairperson, 1485 Mno-Bmadzewen Way, Fulton, Michigan 49052.
NHBP Judicial Branch: The NHBP Judiciary is a Constitutional Branch of Government established under Article XI of the Band’s Constitution. The NHBP Court is a court of general jurisdiction and the Supreme Court hears appeals from the Judiciary’s Trial Court. In addition to hearing appeals, members of the Supreme Court also work with the trial court’s Chief Judge and other court staff in the development of Court Rules and Administrative Orders.
Qualifications for Appointment: In accordance with the NHBP Constitution, persons interested in being appointed to the Tribal Judiciary must agree to undergo an extensive background investigation and may be asked to appear before the Tribal Council to answer questions about his/her qualifications for the position. The qualifications of prospective appointees are determined by the Tribal Council in accordance with the qualifications for office contained in Article XI of the NHBP Constitution which include the following:
Members of the bench are compensated for services at a competitive hourly rate. In accordance with the NHBP Constitution, “the amount of [compensation] shall not be reduced during such person’s term of office”. Justices are also reimbursed for reasonable expenses including travel to and from Michigan.