Sen. Jon Tester
Assistant Secretary Kevin Washburn
Symposium website here.
Here is the opinion.
The court’s syllabus:
The panel affirmed the district court’s summary judgment in favor of the Secretary of the United States Department of the Interior in an action brought by the Chemehuevi Indian Tribe alleging that the Secretary violated the Administrative Procedure Act by determining that the Department of the Interior was not authorized to approve the Tribe’s assignments of land to certain of its members.
The Tribe issued land assignment deeds to some of its members, which the Tribe submitted to the Bureau of Indian Affairs Western Regional Director, seeking approval under 25 U.S.C. § 81 (2000) (“Section 81”). The Interior Board of Indian Appeals concluded that the deeds could not be approved under Section 81 because doing so would violate 25 U.S.C. § 177 (“Section 177”).
The panel applied Chevron analysis, and at step one of the analysis, held that the plain language of Section 81 and Section 177 revealed that Congress did not intend for the Secretary of the Interior to approve agreements under Section 81 that would otherwise be prohibited by Section 177. The panel held that Section 177 prohibited the conveyance of land from an Indian Tribe unless approved by Congress, and Congress had not approved the transaction at issue here. The panel concluded that the Secretary of the Interior properly denied approval of the deeds under Section 81 because such conveyances would violate federal law.
Briefs and lower court materials here.
House vote was yesterday.
S. 1603 here.
Here. An excerpt:
Sarah Deer, 41, St. Paul, Minn.
Legal scholar and advocate
Deer is a professor of law at the William Mitchell College of Law, where she focuses on violent crimes on Indian reservations. She has written books on the matter, and the MacArthur Foundation says her work has leveraged a deeper “understanding of tribal and federal law to develop policies and legislation that empower tribal nations to protect Native American women from the pervasive and intractable problem of sexual and domestic violence.”
Jacobson Law Group Associate Attorney Job Announcement (PDF)
Jacobson, Magnuson, Anderson & Halloran, P.C. (the “Jacobson Law Group”), one of the premier Indian-law firms in the United States, seeks an Associate Attorney. This is a shareholder-track position at a small, collegial firm.
Located in Saint Paul, Minnesota, the Firm enjoys a national reputation for excellence in providing legal services to Indian tribes, and non-Indian commercial interests on Indian-law issues. Founded in 1983, the Firm prides itself on its responsiveness to client needs, efficiency of service, and expansive expertise in Indian law.
Qualifications for candidates include:
POSITION : Chief Tribal Judge
SALARY : Negotiable
OPENING DATE : September 02, 2014
CLOSING DATE : Until Filled
LOCATION : Omaha Tribal Court
Omaha Tribe of Nebraska
Macy, NE 68039