Federal Court Decision on the Use of Native Oral History to Establish Aboriginal Title

Here is the order in Pueblo of Jemez v. United States (D. N.M.):

326-mmo opinion order re oral traditional evidence testimon 11518

Prior posts here.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Research | Tagged , ,

Federal Court Orders Exhaustion of Tribal Remedies in Yerington Paiute Mine Torts Case

Here are the materials in BP America v. Yerington Paiute Tribe (D. Nev.):

37 Amended Complaint

38 Amended Motion for PI

41 Tribal Judge MTD

42 Tribal Judge Response to 38

51 Tribe MTD

52 Tribe Response to 38

53-1 Tribal Court MTD

54 Tribal Court Reponse to 38

59 Plaintiffs Consolidated Response

61 Reply in Support of 38

62 Reply in Support of 41

63 Tribal Court Reply in Support of 53

64 Tribe Reply in Support of 51

78 DCT Order Dismissing 37

80 Plaintiff Motion to Amend Judgment

82 Tribal Judge Response to 80

85 Tribe Response to 80

88 Reply in Support of 80

91 DCT Order

Prior post here.

Posted in Author: Matthew L.M. Fletcher, Environmental, Research | Tagged , , ,

Federal Court Rejects Individual Blackfeet Members’ Objection to Water Compact

Here are the materials in Enrolled Members of the Blackfeet Tribe v. Crowe (D. Mont.):

1 Pro Se Complaint

20 US Motion to Dismiss

29 Motion to File Amended Complaint

33 US 2d Motion to Dismiss

43 Magistrate Findings

47 Many Hides Objection

48 Ingram Objection

50 US Reply

51 Olson Objection

52 US Reply to 51

53 DCT Order

Posted in Author: Matthew L.M. Fletcher, Research, water rights | Tagged , ,

Wiring the Rez 2019 Conference @ ASU LAw

ASU 2019

Event Info:

Wiring the Rez:  Innovative Strategies for Business Development Via E-Commerce CLE Conference

The 5th Annual Tribal Government E-Commerce Conference

Jan. 31 – Feb. 1, 2019 / Wild Horse Pass Hotel & Casino / Chandler, AZ

The goal of this conference is to explore the issues surrounding the development of Tribal Digital Sovereignty and e-commerce in Indian Country. Experts will examine the shifting political, legal and tax landscape in Indian Country, explore modern business models including: tribal operation of technology and data centers, online lending, online sports betting, blockchain technology and crypto currencies. We will also review jurisdictional and regulatory complexities and address the necessity of fostering open dialogue with federal and state counterparts, and the possible implications to tribal sovereignty, and the ongoing need for tribes to finance and build infrastructures that facilitate economic growth on their reservations while complying with appropriate federal guidelines. Attorneys, scholars, financiers, tax, technology and gaming experts along with innovative tribal leaders will share strategies and practical implementations of diverse business models of current and future e-commerce and infrastructure enterprises to bridge the digital divide.

Who should attend: Tribal leaders, tribal government council members, lawyers practicing in Indian Country on and off the reservation, economic planning and development experts, media developers, business, finance and technology specialists, virtual casino managers & executives, online vendors and entrepreneurs, regulatory experts, scholars and students of Indian law.

 

Agenda & registration at: http://events.asucollegeoflaw.com/ilp-wiringtherez/

Early Rate ends on Jan. 4, 2019

Regular Rate ends Jan. 25, 2019

Non-Profit & Government Rate available

Please join us in sunny Phoenix in January!  Registration is open.

Posted in Author: Matthew L.M. Fletcher, economic development, Symposia | Tagged

Thanksgiving Update of Williams & Cochrane v. Quechan & Rosette Litigation

Here are updated materials in Williams & Cochrane LLP v. Quechan Tribe of the Fort Yuma Reservation (S.D. Cal.):

138-1 W&C Motion to Dismiss Quechan Counterclaims [94]

148 W&C Response to Quechan MTD [115]

150 W&C Opposition to Rosette Motion to Strike [109]

151 W&C Opposition to Rosette MTD [110]

161 Rosette Reply in Support of 109

162 Quechan Reply in Support of 115

164 Quechan Response to 138

167 W&C Reply in Support of 94

172 DCT Order

Prior posts here.

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , ,

National Indian Law Library Bulletin (11/16/2018)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 11/16/18.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Read the latest Tribal Supreme Court Project update published on 11/8/18.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2018.html

  • Indian Country and the Territory Clause: Washington’s promise at the framing.
  • An indivisible and living whole: Do we value nature enough to grant it personhood?
  • Indigenous rights to water & environmental protection.
  • The prison as reserve: Governmentality, phenomenology, and indigenizing the prison.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2018.html
Oklahoma Intrastate Transmission, LLC v. 25 Foot Wide Easement (Utility Easements)
New Mexico ex rel. State Engineer v. Carson (Water Rights; Standing)

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Environment & Energy section, we feature articles about a ruling halting the Keystone XL pipeline.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2018.html
The Department of Health and Human Services, Administration for Children and Families, seeks public comment on proposed adoption of Administration for Native Americans Programs policies and procedures.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following were added:
S.Res.702: A resolution recognizing National Native Native American Heritage Month and celebrating the heritages and cultures of Native Americans and the contributions of Native Americans to the United States.
H.R.7121: To protect the voting rights of Native American and Alaska Native voters.

Posted in Author: Matthew L.M. Fletcher, Research | Tagged

WNYC News – Manhattan’s Indigenous People Hold First Pow Wow in City Since 1700s

Here.

Posted in Author: Matthew L.M. Fletcher, cultural resources, News

Friday Job Announcements

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 open Indian law or leadership job, please send a brief description of the position and a PDF job announcement to indigenous@law.msu.edu.

Navajo Housing Authority

General Counsel, Window Rock, A.Z. The Navajo Housing Authority is seeking an attorney to provide in-house counsel and legal services to NHA leadership and the Board of Commissioners. Please see the job announcement for more information. Applications close on December 3, 2018.

Navajo Nation Judicial Branch

Associate Attorney, Supreme Court of the Navajo Nation, Window Rock, AZ. This position provides a variety of legal advice, research and related legal services in support of the overall operation of the Navajo Nation Judicial Branch; assists with judicial administrative functions, such as researching and recommending policy changes and improvements for overall Judicial Branch. For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.

Court Solicitor, Supreme Court of the Navajo Nation, Window Rock, AZ.  This position provides a variety of legal advice, counseling, research and related legal services in support of the overall operation of the Navajo Nation Judicial Branch; assists with judicial administrative functions, such as recommending policy changes and improvements for overall Judicial Branch; shall supervise and oversee all licensed attorneys, law clerk, hearing officers, supreme court clerk, and law clerk interns of the Judicial Branch.  For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.

District Court Judge, Judicial District Court, Navajo Nation Wide. The District Court Judge is responsible in presiding over civil, criminal and family court cases; provides policy direction and guidance in the operation of the Judicial District.  For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.

Associate Justice, Supreme Court of the Navajo Nation, Window Rock, AZ. This position shall perform work of unusual difficulty, hear arguments, read briefs and conduct research necessary to pass judgment and issue rulings on cases brought before the Navajo Nation Supreme Court.  For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.

National Association of Criminal Defense Lawyers

2019 Diversity Summer Fellowship, U.S. The National Association of Criminal Defense Lawyers (NACDL) is now accepting applications for its Diversity Summer Fellowship. NACDL is seeking applicants from 1Ls and 2Ls from historically underrepresented backgrounds who demonstrate a commitment to criminal justice. Potential placements are located throughout the U.S. Fellows will receive a weekly stipend of $500 for up to eight weeks of work with a selected criminal defense placement. Applications must be submitted by December 3, 2018 at 11:59pm. The application form and instructions can be found at www.nacdl.org/summerfellowship. Please submit all documents in one PDF via email to summerfellowship@nacdl.org.

Fort Belknap Indian Community

Chief Administration Officer, Harlem, M.T. The Fort Belknap Indian Community is seeking an experienced Chief Administration Officer to provide efficient management to the FBIC staff and also provide leadership. Please contact Fort Belknap Human Resources for a complete job description. Interested candidates are encouraged to submit application, resume, letter of interest, and salary requirements to the Fort Belknap Human Resources Department at 656 Agency Main St., Harlem, Montana 59526. You may contact Andrea Crantz at (406) 353-8464 or Fanci Boushie (406) 353-8452.

National Congress of American Indians (NCAI)

Policy Counsel, Washington D.C. The National Congress of American Indians has an opening for an attorney to serve as Policy Counsel in the Washington, DC office. The Policy Counsel will report to the General Counsel and will have responsibility for a portfolio of legal and policy issues that may include: inter-agency coordination, taxation, tribal sovereignty, the federal trust responsibility, tribal lands, environment and natural resources, and other issues of importance to Indian tribal governments. In addition, the incumbent will provide legal counsel and services under the direction of the General Counsel, which may include contract review, reviewing and drafting internal policies and governance documents, and providing other general legal support. Applications close on December 7, 2018. Please see the website for more information.

Last week’s postings: November 9, 2018.

 

Posted in Research

2018 TICA/MSU ILPC Conference Ethics Panel: Professional Responsibility and Ethical Obligations

Nikki Borchardt Campbell, T.J. McReynolds, Kaighn Smith, and Yasmeen Farrah

Posted in Author: Matthew L.M. Fletcher, Symposia | Tagged

Seattle Is U.S. City with the Most Murdered and Missing Indigenous Women

Here.

Posted in Author: Ann Tweedy, Criminal, Research | Tagged ,