Alabama Supreme Court Rejects Tribal Immunity Defense in Two of Three Cases against Poarch Band Creek

Here are the opinions:

2017.09.29 – Harrison opinion

Briefs:

Harrison Brief

Reply

2017.09.29 – Rape opinion

We posted some briefs on the Rape case here. Additional materials here:

Tribe Brief

Reply

2017.09.29 – Wilkes opinion

Briefs:

Wilkes Brief

Tribe Brief

Fightland: “Fighting over Fighting in Indian Country”

Here.

An excerpt:

Alex Pearl, a law professor and an enrolled member of the Chickasaw Nation of Oklahoma who teaches and writes about Indian tribes, tribal sovereignty, and the interaction between states, tribes, and the federal government, says that in order for standardized regulation to work, its guidelines need to come from within what he calls “Indian country.” As long as tribes feels like outside governmental entities are forcing them to accept sanctioning guidelines without their input—as long as regulating organizations fail to understand what Pearl calls the “nuances of federalism or tribal sovereignty”—those guidelines will always remind members of the Indian community of centuries of broken promises and government overreach.

“This fight has been going on for a century all across this country between tribes and states,” Pearl says. “It’s not anything new under the sun. It seems new in this context because it’s about MMA, and not about whether the state can regulate the amount of fish a tribal member can catch under the Treaty of Point Elliott, [but] this is about whether the state wants to regulate anything.

“An outside entity is telling the tribe, ‘Here’s what you need to do.’ People in Indian country are going to recoil at that. The conflict that’s going on–this problem that the Poarch Band of Creek Indians has with the state of Alabama and the ABC trying to work with them–dates back to the Fishing Wars of the Northwest, the hunting rights in the Great Lakes, and water rights in California. Tribes and states, as the Supreme Court has said, are often deadliest enemies. The challenge for MMA is develop an approach to tribal and state relations to overcome these problems.”

Poarch Band of Creek Indians Announces Summer Law Internship Program

2013 Summer Law Internship Program

The Poarch Band of Creek Indians Legal Department is establishing a summer internship program for law students with an interest in learning about the legal issues that face a federally recognized tribe.  This internship will offer the opportunity to obtain practical knowledge and experience regarding both tribal and federal Indian law.

Under this Program, a law student will assist the Attorney General or any designated supervising attorney in providing legal services and representation to the Poarch Band of Creek Indians, its Tribal Council, its Tribal boards/committees, its Tribal Government, and its Tribal authorities, commissions, enterprises, and other entities in a broad variety of matters, including, but not limited to, contracts, employment issues, administrative matters, real estate matters, Indian gaming, taxation, tribal jurisdiction, environmental law, cultural resource preservation, criminal matters, child welfare, and legislation.  The internship will last six weeks during the summer of 2013.  A stipend will be paid to the selected candidate.

Applications are due by close of business on April 19, 2013.  The selected candidate will be informed by April 26, 2013.

To apply, please submit the following to the Legal Department by personal delivery, e-mail to glangham@pci-nsn.gov, or fax to (251) 368-1610, by the deadline:

(1)               A cover letter;

(2)               A current resume; and

(3)               A copy of your transcript.

ELIGIBILITY REQUIREMENTS

In order to be eligible for selection and participation, an applicant must meet the following requirements at the time the internship begins and for the duration of the internship:

(1)               Must be currently enrolled at an accredited law school and submit official transcript for the 2011-12 academic year prior to the start of the internship.

(2)               Must provide legal proof of authorization to work in the United States.

(3)               Must not currently be subject to any disciplinary action by any institution or entity, including, but not limited to, any education or law enforcement agency.

(4)               Must possess a high level of maturity with the ability to work with and maintain confidential information.

(5)               Must possess a valid state driver’s license.

Please call or e-mail any questions to Gia Langham, Legal Executive Assistant, at (251) 368-9136 Ext. 2525 or glangham@pci-nsn.gov.

PREFERENCE SHALL BE GIVEN IN ACCORDANCE WITH THE TRIBAL EMPLOYMENT RIGHTS ORDINANCE

THE TRIBE ADHERES TO A DRUG-FREE WORKPLACE POLICY

Worker’s Comp Suit against Poarch Band Creek Casino Montgomery Dismissed

Here are the materials in Sanderford v. Creek Casino Montgomery (M.D. Ala.):

DCT Order Granting PBCI Motion

Poarch Band Motion to Dismiss

Sanderford Response

Poarch Band Reply