tribal law – Page 4 – Turtle Talk

Friday Job Announcements

August 31, 2018August 30, 2018Monica 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 Indian law or leadership job, please send a brief description of the job and a PDF job announcement to indigenous@law.msu.edu.

View posts from August 24, 2018.

The Picayune Rancheria of the Chukchansi Indians

Enrollment RFP. The Tribe seeks a Service Provider to act as an Independant Enrollment Committee. The Service Provider will be responsible to understand and carry out all steps of PRCI’s Enrollement process. Please submit all responses by September 19, 2018. Please see the description for more information.

Department of Health and Human Services

Supervisory Health Care Administrator (Deputy Director), Rockville, MD. This position is located in the Office of Clinical and Preventive Services (OCPS), Division of Behavioral Health (DBH), within the Indian Health Service (IHS), Headquarters. Application closes September 4, 2018. Please see the job posting for more information.

Mescalero Apache Tribal Court

Associate Judge, Mescalero, NM. The Associate Judge is responsible for fairly and impartially hearing and deciding judicial matters within the jurisdiction of the Mescalero Apache Tribal Court. The position is open until filled.

Nottawaseppi Huron Band of the Potawatomi

Chief Legal Officer, Pine Creek, MI. NHBP is seeking a qualified candidate who will work under the primary supervision and direction of the Tribal Council while providing legal services to the operational direction of the Tribal governement’s Chief Executive Officer. Application closes September 22nd at 5pm. Please see the job description for more information.

Swinomish Indian Tribal Community

Staff Attorney, Swinomish Village, WA. The Office of Tribal Attorney advises and represents the Swinomish Indian Tribal Community in Federal, Swinomish and State courts. The Office of Tribal Attorney provides legal services covering a broad range of Tribal government, economic development, natural resource and Federal Indian law issues. Please see the job description for more information.

The Mashantucket Pequot Tribal Nation

General Counsel, Mashantucket, CT. Work under the direction of the Tribal Council to set legal strategies for and provide legal services to the Tribe and its entities. A law degree from an ABA approved/accredited law school is required along with a least fifteen (15) years of practice. An in-depth knowledge of federal Indian Law, business law, economic development and governmental issues preferred, as well as experience managing personnel and running a legal office or department. Please see the job description for more information.

Colorado River Indian Tribes

Deputy Attorney General (Civil), Parker, AZ. The Deputy Attorney General works with Tribal Council and all Tribal Departments and Enterprises, under the supervision of the Attorney General. The Office of the Attorney General provides legal representation to the Colorado River Indian Tribes, its Tribal Council, departments, and enterprises. Application closes September 20, 2018 at 5pm. Please see the job description for more information.

Rosette, LLP

Associate Attorney, Mattawan, MI. Qualified candidates should have a minimum of two (2) years’ experience in business transactions and/or working with Indian tribes. The ideal candidate must be willing to travel and work on client matters throughout the United States. The ideal candidate must be self-motivated and willing to work in a dynamic atmosphere with minimal supervision. Please see the job description for more information.

2019 Summer Law Clerk, Mattawan, MI. Strong research and writing skills are required. The ideal candidate is well-organized, able to work with minimal supervision, and able to work well in a team environment. Applicants should be highly motivated and possess a professional demeanor and superior communication skills. Some knowledge of federal Indian law or tribal law is preferred. Please see the description for more information.

Galanda Broadman, PLLC

Associate, The firm seeks an associate who is deeply committed to representing Indian interests, who is state bar licensed, preferably in Washington State, and who has at least two to five years of experience in civil litigation or serving as a judicial clerk. Please see the job description for more information.

Pascua Yaqui Tribe

Contract Attorney, Tucson, AZ. Provide quality, effective, competent, zealous legal representation to all clients in a professional, skilled manner consistent with the attorney’s responsibilities under the State Bar of Arizona with experience in criminal and juvenile cases. The position requires extensive court appearances and daily client contact. Please see the job description for more information.

Friday Job Announcements

August 24, 2018September 14, 2018Monica Williamson1 Comment

View posts from August 10, 2018.

Nottawaseppi Huron Band of the Potawatomi

Chief Legal Officer, Pine Creek, MI. Work under the primary supervision and direction of the Tribal Council. The position entails performing a broad range of legal work for all departments and divisions of the Tribal government, as well as, appearing in Courts of the Nottawaseppi Huron Band of the Potawatomi, Michigan State Courts and federal courts on behalf of the Tribe as authorized and directed. Application closes September 22, 2018 at 5pm. See the job description for more information.

StrongHearts Native Helpline

Advocate and Shift Lead, Eagan, TX. The StrongHearts Advocate (FT) responds to incoming calls on the StrongHearts Native Helpline from victims and survivors of domestic violence, advocates, general public and service providers and provides crisis intervention, referrals, information and problem solving to all callers. For more information please see the job descriptions or learn about StrongHearts here.

Fredericks Peebles & Morgan

2019 Summer Law Clerks, Louisville, Colorado; Omaha, Nebraska; Rapid City, South Dakota; and Sacramento, California. Please refer to job posting for details.

Nisqually Indian Tribe

Request for Proposals, Olympia, WA. Issuing an RFP for interested Contractors to submit proposals for the position of IN-House Tribal Attorney with Nisqually Indian Tribe. Closing date for submissions shall be September 17, 2018 at 5pm. For more information please see the description.

Northwest Indian Fisheries Commission

Puget Sound Policy Analyst/Program Coordinator, Olympia, WA. We are looking for an entry to mid-level policy analyst to support the development and coordination of tribal priorities in the work of Puget Sound recovery. Work effort is aimed at the identification, understanding and integration of tribal priorities into all recovery processes including implementation of the Puget Sound Partnership Action Agenda and Salmon Recovery plans. Please contact Wendy Bowman, NWIFC HR, wbowman@nwifc.org if you have any questions. Applications close Sept 7, 2018.

Tohono O’odham Nation Office of the Prosecutor

(2) Attorneys, Tuscon, AZ. Under general supervision, presents criminal complaints and prosecutes individuals accused of violating the laws or ordinances of the Tohono O’odham Nation.We welcome applicants barred in ANY state, and only one year of legal work experience (including prior to being licensed) is required! Please see the job description for more information.

Ziontz Chestnut

Entry Level Associate Attorney, Seattle, WA. Ziontz Chestnut seeks an entry-level associate with a strong academic background, excellent research, writing and communication skills, and 0-3 years of experience (including judicial clerkships) to join its practice beginning in fall 2019 (and possibly earlier depending on availability). Please see the job description for more information.

Federal Communications Commission

Attorney Advisor (General), Washington, DC. This position is located in the Consumer and Governmental Affairs Bureau, Office of Native Affairs and Policy Washington DC. Application Closes August 31. Please see the job description for more information.

FBI Office of the General Counsel

The FBI is currently taking applications for student internships.

The link for undergraduate students is: https://www.fbijobs.gov/students/undergrad

The link for graduate students is: https://www.fbijobs.gov/students/grad-students

ILADA Blog [McGill Law]: Seasonal Thematic Contributions by Indigenous Legal Scholars

April 27, 2018April 27, 2018Matthew L.M. Fletcher

Here:

Season 1: Law Through Language (2018)

Our first season focuses on language as law: within the context of language revitalization, how do Indigenous laws pronounce themselves through language? How can Indigenous laws be strengthened, given the impact of colonialism on Indigenous languages? And can the changes required to revitalize—funds, experts, and the privileging of resources—create additional inequities? This season seeks to answer these questions among others.

This season aims first and foremost to address the crucial relationship between language and law: in particular, the role Indigenous languages play in articulating Indigenous laws. Writing about the Navajo people, Anishinaabe scholar Matthew Fletcher emphasizes, “for many tribal communities, the law is encoded right into the language – and the stories generated from the language.”¹ Because most Indigenous communities historically expressed (and continually express) their customs and laws orally, this statement applies to Indigenous groups broadly.² This season features contributors who explore expressions of law and answer questions about how language deepens and complicates protocols, interpretations and worldviews.

We recognize inherent challenges in this exercise: communities experience “law” in different forms and may not identify practices and behaviours as law in the same way that they are identified in Western legal normativity. What one group claims as “law” may be something entirely different to another; and not everything is translatable into English or French—nor should it be. As John Borrows stated, “context should not be stripped from the practice of Indigenous law.”³ Often, that context is language. Our contributors this season help to tease out how Indigenous languages limit and liberate, stymie and enable, and generally complicate the articulation of Indigenous law.

The State of Canada’s Indigenous Languages by Katsi’tsakwas Ellen Gabriel

Indonaakonigewininaan – Toward an Anishinaabe Common Law by Matthew L.M. Fletcher

Language and Anishinaabe Consultation Law by John Borrows

¹ Matthew Fletcher, “Rethinking Customary Law in Tribal Court Jurisprudence” (2007) 13 Mich J Race & L 57 at 21.

² Ibid at 41, “Indian cultures (often) were and are oral cultures.”

³ Borrows, John, “Foreword: Indigenous Law, Lands, and Literature,” (2016) 33 Windsor YB Access to Just v at ix.

Greg Bigler on Traditional Jurisprudence

March 12, 2018Matthew L.M. Fletcher

Judge Gregory Bigler has posted “Traditional Jurisprudence and Protection of Our Society: A Jurisgenerative Tail” on SSRN. Here is the abstract:

This paper is an exercise in self-discipline organizing thoughts from a long period of work and life that explores some of what uniquely guides traditional Euchee and Muscogee society. I use my participation in traditional Euchee ceremonial life as a lens with which to view tribal, federal and human rights law and processes. By so doing I hope to begin articulating a modern traditional Indian jurisprudence and find some source(s) to aid in preservation of native society. In order to truly reform federal Indian law not only must traditional tribal jurisprudence be acknowledged, but the processes used by ceremonial people must be understood, and utilized, in a transformative effort. While I am informed by discussions with friends from other tribes who hold similar beliefs to my Euchee people, however, I write from the perspective of a Polecat Euchee ceremonial stomp ground member. I believe the validity of my observations depends on the discussions being tribal specific, meaning I do not simply refer to “Indian” traditions but rather to Euchee, Muscogee, Shawnee, etc., traditions. Such traditional jurisprudence must be a foundation of the current international indigenous rights efforts regarding sacred sites and artifacts, religious practices and culture if those efforts are to have meaning. If Indian advocates are unable to articulate what we believe and the nature of the society being destroyed it is more difficult to argue for its’ continuity. Perhaps more importantly, we must be able to explain to ourselves what we believe, teaching our own people and incorporating those beliefs into our own tribal institutions thus continuing (or creating) a social-legal system that can carry us into the future. I hope the process I explore herein will also be of interest to my friends and colleagues exploring federal Indian law and international human rights.

HIGHLY RECOMMENDED!

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

September 30, 2015Matthew 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.

United States Cert Opposition Brief in Nebraska v. Parker

August 21, 2015Matthew L.M. Fletcher1 Comment

Here:

US Cert Opp Brief

Cert petition and link to lower court materials here.

State of Nebraska v. Parker Cert Petition

June 2, 2015June 4, 2015Matthew L.M. Fletcher2 Comments

Here:

State of Nebraska v Parker cert petition

Questions presented:

In Solem v. Bartlett, the Court articulated a three-part analysis designed to evaluate whether a surplus land act may have resulted in a diminishment of a federal Indian reservation. See 465 U.S. 463, 470-72 (1984). The Court found that the “statutory language used to open the Indian lands,” “events surrounding the passage of a surplus land Act,” and “events that occurred after the passage of a surplus land Act” are all relevant to determining whether diminishment has occurred.

The questions presented by the petition are:

1. Whether ambiguous evidence concerning the first two Solem factors necessarily forecloses any possibility that diminishment could be found on a de facto basis.

2. Whether the original boundaries of the Omaha Indian Reservation were diminished following passage of the Act of August 7, 1882.

Lower court materials here.

Eighth Circuit Rules Omaha Indian Reservation Not Diminished

December 19, 2014Matthew L.M. Fletcher3 Comments

Here is the opinion. An excerpt:

Based upon the record evidence, the district court in this matter has done just that–accurately discerned the contemporaneous intent and understanding of the 1882 Act. The court carefully reviewed the relevant legislative history, contemporary historical context, subsequent congressional and administrative references to the reservation, and demographic trends, and did so in such a fashion that any additional analysis would only be unnecessary surplus. Ever mindful to “resolve any ambiguities in favor of the Indians,” there is nothing in this case to overcome the “presumption in favor of the continued existence” of the Omaha Indian Reservation. Yankton Sioux Tribe, 522 U.S. at 344 (quotation omitted); Yankton Sioux Tribe v. Podhradsky, 606 F.3d 985, 991 (8th Cir. 2010) (quotation omitted).

Briefs here.

Lower court materials here.

Ann Tweedy on Tribal Laws & Same-Sex Marriage

July 21, 2014Matthew L.M. Fletcher1 Comment

Our own Ann Tweedy has posted her very interesting and relevant paper, “Tribal Laws & Same-Sex Marriage: Theory, Process, and Content,” on SSRN.

Here is the abstract:

In 1996, Congress, in enacting the federal Defense of Marriage Act (DOMA), took the somewhat surprising step of explicitly including tribes within its purview. The legislative history is silent as to the decision to explicitly include tribes, and, at the time of DOMA’s passage, it does not appear that any tribe was seriously examining the issue. Since then, however, there have been many developments among tribes on this issue, including enactment of laws permitting same-sex marriage and enactment of prohibitions on same-sex marriage. Nonetheless, generally speaking, the issue does not seem to be a priority among tribes to the same extent it is a priority for states and the federal government.

In 2013, the Supreme Court struck down section 3 of the DOMA, which concerns the federal definition of marriage, as a violation of equal protection and due process. In doing so, it left the constitutionality of section 2, which pertains to tribes’ and states’ recognition of out-of-jurisdiction marriages, uncertain.

This article presents the post-DOMA developments in tribal law as to same-sex marriage, explaining the different tribal approaches to the issue, and then examines the processes by which tribal laws on same-sex marriage, particularly those explicitly permitting same-sex marriage, have been enacted. Finally, this article examines the possible effects that United States v. Windsor will likely have on tribal laws and suggests that tribal courts apply Windsor as persuasive authority under the Indian Civil Rights Act unless there is significant historical evidence as to a lack of openness to same-sex relationships or LGBT identities within that particular tribe. Finally, it discusses the reasons that laws on same-sex marriage may be less of a priority for tribes than for the other sovereigns in the United States. This article is the only comprehensive examination of tribal same-sex marriage laws since the issue gained serious momentum among tribes in 2011 and 2012, and it is the first to address the potential effects of Windsor on Indian tribes.