SCOTUS Denies Cert in Pala Band Disenrollment Challenge

Here is yesterday’s order list.

The cert stage materials in Aguayo v. Jewell are here.

Posted in Supreme Court, Research, Author: Matthew L.M. Fletcher, tribal membership | Tagged , , , , | Leave a comment

Keystone XL Pipeline Revived

Here.

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

Colusa Indian Community Loses Motion for Reconsideration in Challenge to Enterprise Rancheria Casino Project

Here are the materials in Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. Jewell (E.D. Cal.):

170 Motion for Reconsideration

171 US Opposition

172 Enterprise Rancheria Opposition

173 Reply

183 DCT Order

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

Gun Lake Tribe Tribal Administrator Posting

Here:

tribal-administrator-2017

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

Larry Roberts’ Final Letter to Tribal Leaders as Assistant Secretary

Download(PDF): Signed Dear Tribal Leader Letter – January 18 2017

Posted in Announcements, Author: Sarah Donnelly | Tagged | Leave a comment

NCJFCJ Opening for Site Manager with Tribal Experience

The National Council of Juvenile and Family Court Judges (NCJFCJ) has posted an opening for a site manager with substantial experience working with tribes and tribal courts.

For the complete job description click here

The Child Abuse and Neglect’s multi-disciplinary and highly dedicated team directs its work on helping judges improve court and systems’ handling of child abuse and neglect cases. The Site Manager position requires a unique blend of knowledge, skills, and abilities. This position will work primarily with tribes/tribal courts, but also can be tasked to work with other types of courts (e.g., dependency, delinquency, juvenile drug courts, dual status, etc.) as needed. The Site Manager will be required to build a substantial knowledge base around private and public funded projects that focus on improving court practice in child abuse and neglect cases; implement the principles of collaboration among court, agencies, and community; develop content expertise on issues common across system-involved children and families (e.g., trauma, substance abuse, etc.); and have experience and knowledge in the juvenile justice and dependency systems and especially in tribal court systems. This position will work as a member of the broader project court team, as well as perform collaborative planning and decision-making with other staff and projects across the organization.

Strong emphasis is placed on the following experience and abilities:
  • Providing public presentations and/or on-site technical assistance to tribal and state courts
  • Independent thinking and analytical skills, as well as a demonstrated ability to quickly synthesize complex information
  • Writing policy briefs and papers
  • Working collaboratively with partners and system representatives
  • Substantial experience working with tribes and tribal courts
  • Experience and knowledge of delinquency, or domestic violence systems; ICWA and VAWA highly desirable

The NCJFCJ is also hiring for the following positions:

Judge-in-Residence

Program Specialist

Details for all positions available here

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

NYTs on Suit against Havasupai Elementary/United States

Here.

Complaint here.

Posted in Author: Matthew L.M. Fletcher, Education, News, Research, trust relationship | Tagged , , | Leave a comment

Free CLE on Stand-Your-Ground Laws and Indian Country at ASU on Monday

Registration is at 2:30 and the event begins at 3 pm. The agenda is here, and more info. is here.

Posted in Author: Ann Tweedy, Criminal, Symposia | Tagged , , , | Leave a comment

Ninth Circuit Holds Consumer Financial Protection Act Applies to Tribes

Here is the opinion in Consumer Financial Protection Board v. Great Plains Lending.

An excerpt:

We have consistently held in our post-Stevens precedent that generally applicable laws apply to Native American tribes unless Congress expressly provides otherwise. In the Consumer Financial Protection Act, a generally applicable law, Congress did not expressly exclude tribes from the Bureau’s enforcement authority. Although the Act defines “State” to include Native American tribes, with States occupying limited co-regulatory roles, this wording falls far short of demonstrating that the Bureau plainly lacks jurisdiction to issue the investigative demands challenged in this case, or that Congress intended to exclude Native American tribes from the Act’s enforcement provisions. Neither have the Tribes offered any legislative history compelling a contrary conclusion regarding congressional intent. At this stage of the proceedings, we affirm the district court’s order enforcing the investigative demands against the Tribal Lending Entities.

And:

At this stage of the proceedings, we conclude that the district court properly held that the Bureau does not plainly lack jurisdiction to issue investigative demands to the tribal corporate entities under the Act. See id. at 1002. Although the Tribal Lending Entities make some appealing arguments, none of the arguments suffices to breach or evade the barrier to their success provided by the Coeur d’Alene revetment.

Briefs here.

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

Onion: “Justice Roberts Stops In Middle Of Oath Of Office To Remind Audience This Just His Job”

Here.

Posted in Author: Matthew L.M. Fletcher, Humor, Supreme Court | Tagged | Leave a comment