Nebraska Legal Aid Job Posting

Legal Aid of Nebraska, a law firm providing free civil legal services to low-income persons, seeks a paralegal for its Native American Project. The position is located in its Omaha office. The paralegal will be a part of a project with attorneys who primarily practice in Native American tribal courts located in northeast Nebraska. The position requires taking applications from individuals seeking legal assistance through the Native American Project, which includes obtaining information from individuals to determine eligibility for services, conducting client interviews and conveying advice provided individuals by an attorney. The paralegal will also be responsible for providing litigation support, including but not limited to drafting pleadings and correspondence, interviewing clients, and conducting legal research. The paralegal may assist in outreach to Native Americans. Occasional travel to Lincoln, Norfolk, Winnebago, Macy, and Santee required. Applicants should have good document drafting, file management, organization, computer, and communication skills and must be willing to perform general office tasks. One year or more of paralegal experience and/or paralegal studies educational program and training required. Ideal candidate will have a connection to Native American issues. State-of-the-art-technology. Excellent supervision, training and support provided. Help seek justice for low-income Nebraskans. Experience-based competitive salary. Excellent benefits package. Please send resume, cover letter and references to Jen Gaughan, Director of Litigation and Advocacy, at Legal Aid of Nebraska is an EOE.

Posted in Author: Matthew L.M. Fletcher, jobs | Tagged , | Leave a comment

News profile of History of VAWA and Alaska Natives

Al Jazeera has “Proponents fight for change so Alaska Natives covered by VAWA: Complicated history excludes Alaska Native women from Violence Against Women Act.”

Posted in Author: Matthew L.M. Fletcher, Criminal, News, tribal courts | Tagged , | Leave a comment

Maniilaq Association Seeking General Counsel


Maniilaq Association

Kotzebue, AK


Position Summary: This position provides Maniilaq Association with in-house legal and compliance services, and assists with a variety of legal matters in the course of normal business activities.  Reports directly to the President/CEO and serves as a member of the Senior Management team.

Requirements: Must hold a Juris Doctor Degree and be an active member of the Alaska Bar Association in good standing. Must possess a strong work ethic and desire to practice law for an Alaska Native organization. Must have at least five (5) years of experience in the practice of law in relevant fields. Must possess excellent organizational skills and ability to balance multiple projects and priorities. Must possess excellent oral and written communication skills, especially listening skills. Must possess excellent legal research and writing skills. Must have a working understanding of the compliance requirements of Maniilaq Association’s lines of business. Must have proven experience in developing practical solutions to resolve legal issues and achieve business goals. Must possess a high level of personal integrity and sound practical business judgment. Must have demonstrated success in establishing and maintaining effective, cooperative working relationships with other departments, organizations and agencies.  Must be able to deliver effective and persuasive presentations on controversial or complex topics to management or the Board.

Apply Online:


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Standing Rock Sioux Tribe – Accepting Application for Chief Judge Position


Standing Rock Chief Judge

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Tenth Circuit Sends Chickasaw/NLRB Matter Back to Board in Light of Noel Canning


CA10 mandate

CA10 Order

We posted the NLRB’s motion here. We posted the tribe’s response here.

Posted in Author: Matthew L.M. Fletcher, gaming, Labor Relations, Research, Supreme Court | Tagged , , , , , , | Leave a comment

Federal Court Grants Motion to Seal Evidence re: Judge Davis in Oglala ICWA Class Action

Here are the updated materials in Oglala Sioux Tribe v. Van Hunnik (D.S.D.):

112 DCT Order Granting Motion to Seal

113 OST42(MotionToUnseal)

Related post here.

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , , , , , | Leave a comment

Michigan’s Response to Sault Tribe Renewed Motion to Dismiss

Here are updated materials in State of Michigan v. Sault Ste. Marie Tribe of Chippewa Indians (W.D. Mich.):

53-1 Michigan Motion to Revise DCT Order Dismissing Tribal Officials

55 Michigan Response to Motion to Dismiss

Sault Tribe’s motion is here.

Posted in Author: Matthew L.M. Fletcher, gaming, IGRA, Michigan Indian, Research, sovereign immunity, Supreme Court | Tagged , , , , , | Leave a comment

Seventh Circuit Affirms Bribery Conviction of Former Ho-Chunk Official

Here is the opinion in United States v. Whiteagle:

CA7 Opinion

And the briefs:

Appellant Opening Brief

Government Brief

Reply Brief

Lower court materials here.


Posted in Author: Matthew L.M. Fletcher, Criminal, gaming, Research | Tagged , , , , , , , , | Leave a comment

In Memory of Tillie Black Bear

Tillie Black Bear, a tireless advocate for Native Women, passed away Saturday evening, July 19. Tillie’s work inspired so many and our hearts are with all those she left behind.

NIWRC has made a documentary about the White Buffalo Calf Woman Society available on YouTube. Tillie was one of the founding mothers of this society.

Link to the video available here.

Miigwech for all that you did Tillie Black Bear

Posted in Author: Victoria Sweet | Tagged , , , | Leave a comment

Ann Tweedy on Tribal Laws & Same-Sex Marriage

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.

Posted in Author: Matthew L.M. Fletcher, Legislation, marriage equality, Scholarship, Tribal Codes | Tagged , , , | Leave a comment