DCT Order Granting Injunction

City Motion for PI

Gordon Motion to Dismiss

An excerpt:

Plaintiff, the City of New York (“the City”), brought this action seeking injunctive relief, penalties, and damages for violations of the Prevent All Cigarette Trafficking Act (“PACT Act”), 15 U.S.C. § 375 et seq.; the Contraband Cigarette Trafficking Act (“CCTA”), 18 U.S.C. § 2341 et seq.; the Cigarette Marketing Standards Act (“CMSA”), N.Y. Tax L. § 483 et seq.; and the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961 et seq. The City has moved for a preliminary injunction pursuant to Rule 65(a) of the Federal Rules of Civil Procedure, enjoining Defendants Robert and Marcia Gordon (together “the Gordon Defendants”) from violating the PACT Act and the CMSA; and Defendants Marcia Gordon and Regional Integrated Logistics, Inc. d/b/a Regional Parcel Services (“RPS”) from violating the CCTA. Defendants have moved to dismiss the case for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons that follow, the City’s motion for a preliminary injunction is GRANTED, and the Defendants’ motions to dismiss are DENIED.

Many would argue that the history of the federal government’s relationship with Indian tribes is replete with examples of atrocities and shameful actions on the part of the federal government (which is not to say that Indian tribes have been historical angels). Through the Court of Federal Claims, and its predecessor the Indian Claims Commission, Indian tribes have been able to pursue monetary claims against the federal government for these historic and modern injustices. The history of Indian claims in the United States Court of Federal Claims is an interesting and multifaceted one. Although many Indian tribes regularly bring claims to the Court of Federal Claims today, this was not always the case. This article seeks to trace the history of Indian claims in the Court of Federal Claims and also discusses how decisions of the Court of Federal Claims and United States Court of Appeals for the Federal Circuit have significantly impacted the development of federal Indian law. To accomplish this goal, the article begins with a general examination of federal Indian law and of the history of Indian claims in the Court of Federal Claims. The article then examines some key decisions of the Court of Federal Claims and Court of Appeals for the Federal Circuit that have significantly impacted the development of federal Indian law.

One Statute for Two Spirits: Same-Sex Marriage in Indian Country
JURIST Forum, April 2013
Elizabeth Ann Kronk

Abstract:

On March 15, 2013, the Little Traverse Bay Bands of Odawa Indians (LTBB) became the third tribal nation to recognize same sex unions. The LTBB statute, Waganakising Odawak Statute 2013-003, defines marriage as “the legal and voluntary union of two persons to the exclusion of all others.” The Coquille Tribe, in 2009, and Suquamish Tribe, in 2011, both previously recognized same sex unions. Unlike the Coquille Tribe, located within Oregon, and the Suquamish Tribe, located within Washington, LTBB’s tribal territory is located within Michigan, a state that does not currently recognize same sex marriages. Accordingly, some may question the authority of LTBB and similarly situated tribal nations to enact provisions, such as the Waganakising Odawak Statute 2013-003, that conflict with state policy. This article addresses issues surrounding the authority of tribal nations to enact provisions allowing for same-sex marriage or unions.

The Saint Regis Mohawk Tribe announced today that they
reached a Memorandum of Understanding with Governor Andrew M. Cuomo of the State of New York that is the first step to addressing longstanding land claims with Franklin and St.
Lawrence Counties, outstanding issues with the New York Power Authority and resolve the Revenue Sharing Dispute with New York State.

Any agreement on land claims would be subject to a tribal referendum. (h/t C.G.)

The University of Montana seeks a Dean to lead its School of Law as it begins the second century of its distinguished history.

Founded in 1912, the School of Law is an established leader in legal education, preparing students for serving people in the practice of law through effective integration of theory and practice. Our curriculum begins with an innovative skills-based law-firm program in the first year, continues with intensive trial and transactional simulation courses in the second year, and finishes with a required third-year clinical program offering professional placements at both in-house law clinics and government and public-interest law offices.Beyond preparing students for practice, our curriculum emphasizes areas of law significant to the Rocky Mountain West including natural resource law, environmental law, and Indian law.

At a challenging time for legal education, the success of Montana’s model in training and placing lawyers has earned it recognition as one of the best-value law schools in the nation. Our strengths allow us to attract a small, diverse, talented, and tightly knit student body, and have made us one of a handful of law schools to attract significantly more applicants this year than last. As Montana’s only law school, we enjoy a close connection to the Montana bench and bar.

We work and study in a spacious, state-of-the-art facility, and live and play in the heart of the Northern Rocky Mountains. Missoula is a small, vibrant city surrounded by mountains, wilderness, and clear, cold rivers, including the famous Blackfoot. The educational, medical, and cultural hub of the region, Missoula offers a rare blend of outdoor adventure, big-city culture, and Montana’s relaxed way of life.

The Dean’s leadership responsibilities include: implementing the School of Law’s mission by promoting excellence in teaching, scholarship, and service; developing and maintaining supportive relationships with alumni, the legal and business communities, and tribal, state and federal governments; working effectively with the School of Law’s faculty, staff, and students; managing its budget; and executing Law School affairs in accordance with all applicable laws, accreditation requirements, and Board of Regents and University policies.
Required Experience

The successful candidate must hold a Juris Doctor degree, or its equivalent, from an ABA-accredited law school, demonstrate the ability to lead the School of Law’s faculty, staff, and students, and have the following additional qualifications:

Distinguished professional achievement in legal practice;
Successful administrative experience, including personnel supervision and financial administration;
Strong listening, communication, and consensus-building skills;
A commitment to legal scholarship; and
A commitment to diversity.

Preferred qualifications include: commitment to innovation in legal education;potential for recruiting and retaining talented students, faculty, and staff; successful fundraising experience; and a high probability of being tenured in the School of Law.

Applicants with diverse backgrounds, experiences, ability, and perspectives are encouraged to apply.

HOW TO APPLY

Review of applications will begin on August 1, 2013; application review will continue until the position is filled. Nominations will receive immediate attention. Complete applications must include:

a statement of interest;
a current résumé or C.V.;
and contact information for at least three references.

All materials must be submitted in electronic format through the on-line application system. For any questions regarding this application, please call Carey Davis of The University of Montana Office of Human Resources at 406-243-5706 or contact her via email at Carey.Davis@mso.umt.edu.

Criminal Background Investigation is required prior to Offer of Employment
In accordance with University policy, finalists for this position will be subject to criminal background investigations.
ADA/EOE/AA/Veteran’s Preference
Reasonable accommodations are provided in the hiring process for persons with disabilities. For example, this material is available in alternative format upon request. As an Equal Opportunity/Affirmative Action employer, we encourage applications from minorities, veterans, and women. Qualified candidates may request veterans’ or disabilities preference in accordance with state law.
References *References not listed on the application materials may be contacted; notice may be provided to the applicant. Testing Individual hiring departments at UM-M may elect to administer pre-employment tests, which are relevant to essential job functions.Employment Eligibility. All New Employees must be eligible and show employment eligibility verification by the first date of employment at UM, as legally required (e.g., Form I-9).
Job Location
Missoula, Montana, United States
Position Type
Full-Time/Regular
Apply

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The exhibit, called Turning Point: The War of 1812 from the Native American Perspective, will focus only in part on the actual events of the 1812 war.

“It’s not your typical bicentennial commemoration of a conflict, where we’re showing battles and people involved in the battles,” said Mary Cummings, who is the executive director of the historical society. “That’s just part of the story.”

Rather, said Cummings and Eric Hemenway, the exhibit will look at the events leading up to the war, and how that war affected the Odawa people of Little Traverse Bay — as well as Little Traverse Bay itself.

“There’s going to be emphasis on the men who participated in the battle — who they were,” said Hemenway, who sits on the board of trustees for the historical society and is the director of repatriation, archives and records for the Little Traverse Bay Bands of Odawa Indians. His work revolves around retrieving human remains and sacred objects under the Native American Graves Protection and Repatriation Act.

The exhibit will feature the biographies of three Odawa leaders: Assiginac, Mokomanish and Shabanai.

Washington COA Opinion

An excerpt:

This case involves a prosecution for delivery of marijuana. The investigating agency was the police department of the Tulalip Tribes. The Tribes asserted sovereign immunity in response to a defense subpoena for information the Tribes deemed immaterial. Recognizing that a sovereign entity is not subject to compulsory process, the superior court quashed the subpoena. The court then granted the defendant’s motion to dismiss the prosecution under CrR 8.3(b). The State appeals the dismissal. We hold the court abused its discretion by dismissing the case without first determining whether the subpoenaed information was material. Because the record does not support a finding of materiality, we reverse the order of dismissal.

Briefs are here:

• Appellant State of Washington
• Respondent Jennifer Youde’s
• Appellant Dean Street’s Reply
• Respondent State of Washington’s Reply

Order Denying Motion for Preliminary Injunction

Defendants Response Brief in Opposition to Plaintiffs Emergency Motion for T

Reply in Support of Plaintiffs Emergency Motion for TRO

Via Syracuse.com.

Registration details are available at http://www.minncle.org/seminardetail.aspx?ID=102111301.

Speakers include:

• § Robert Tim Coulter, Executive Director, Indian Law Resource Center, Helena, Montana
• § Chief Judge Paul W. Day, Leech Lake Band of Ojibwe, Cass Lake
• § Judge John E. Jacobson, Shakopee Mdewakanton Sioux (Dakota) Community, Prior Lake
• § Chrissi Nimmo, Assistant Attorney General, Cherokee Nation, Tahlequah, Oklahoma
• § Judge John P. Smith, Minnesota Court of Appeals, Saint Paul
• § Megan E. Treuer, Executive Director, Regional Native Public Defense, Cass Lake
• § Mike Wiggins, Jr., Chairman, Bad River Band of the Lake Superior Tribe of Chippewa Indians, Odanah, Wisconsin

Plus, you won’t want to miss the complimentary reception sponsored by the Minnesota American Indian Bar Association in honor of Margaret (Peggy) S. Treuer, Member of the Leech Lake Band of Ojibwe and Chief Judge of the Bois Forte Band of Chippewa Tribal Court.