13th Annual ILPC/TICA Indigenous Law Conference: Now With Webcasting!

Indigenous Law Conference at Michigan State College of Law
Thursday and Friday, November 3-4, 2016

Online and in-person attendees can register here.

Registration includes TICA membership, continental breakfast and lunch both days along with the reception Thursday night at the East Lansing Marriott. We’ve also applied for 11.25 CLEs from the Minnesota State Bar Association, and will provide forms for those seeking credits in other states.

The current agenda is here.

If you, your firm, or organization would like to be a conference sponsor, please see the form here for more information, and our deepest thanks for making the conference possible.

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Washington Court Registers Judgment against Nooksack Police Chief under State Uniform Enforcement of Foreign Judgments Act

Here are the materials in In re Gabriel Galanda v. Nooksack Tribal Court (Wash. Super. Ct. — Whatcom County):

Bree Blackhorse Declaration

Rory Lee Gilliland Declaration

Betty Leathers Letter

Whatcom County Superior Court Minute Order

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

Obama Administration Takes Action to Protect and Restore Puget Sound


Posted in Author: Ann Tweedy, Environmental, News | Tagged , , | 1 Comment

The Atlantic: Why Several Native Americans Are Suing the Mormon Church

Links: Sunday’s article by Lilly Fowler, earlier post with briefs


The location where the cases are litigated will prove crucial. These lawsuits have been filed in Navajo Nation District Court in Window Rock, Arizona. But the LDS Church is fighting to have the lawsuits dismissed on jurisdictional grounds, arguing the alleged abuse took place outside the reservation. The Navajo Nation allows alleged sexual-abuse victims to bring claims up to two years from the time when the harm of their abuse is discovered, accounting for the time it can take for people to realize the nature of their injuries. Other jurisdictions have stricter statutes of limitations to ensure claims are brought in a timely manner. In Utah’s civil courts, the statute of limitations for child sex abuse was recently eliminated, but only when the case is brought against the alleged perpetrator personally. The recent change in Utah law would not benefit those in the Indian Student Placement Program because the LDS Church is named as a defendant, and many, if not all, of the perpetrators are deceased. If the lawsuits were refiled in Utah, or one of many other states with a shorter statute of limitations, they would likely be dismissed.

David Clohessy, the national director of the Survivor’s Network of Those Abused by Priests, an organization dedicated to helping victims of sexual abuse, said it often takes years for those affected by abuse to talk about it. “The more isolated and powerlessness victims … feel, the longer it takes for them to come forward,” Clohessy said. And “even if they had the smarts to understand they were being hurt, the courage to report it, given how many whites felt about Native Americans, many would find these boys and girls not particularly credible … This particular program is a predator’s dream.”

Further documents and briefs in the matter of the Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, et al v. RJ et al, 16-cv-00453 (D. Utah):

Doc. 17 Second Amended Complaint for Declaratory Judgment

Doc. 19 Amended Motion for Preliminary Injunction

Doc. 24 Combined Memorandum in Support of Amended Motion for Preliminary Injunction, and in Response to Defendants’ Motion to Dismiss Plaintiffs’ Amended Complaint for Declaratory Judgment

Doc. 25 Reply to Plaintiffs’ Response to Defendants’ Objection and Motion to Dismiss

Doc. 29 Defendants’ Objection to Plaintiffs’ Second Amended Motion for Preliminary Injunction and Defendants’ Motion to Dismiss Plaintiffs’ Amended Complaint for Declaratory Judgment

Posted in Author: Sarah Donnelly, News, Research, tribal courts | Tagged , , , , | Leave a comment

Tenth Circuit Briefs in Navajo Nation Challenge to State Court Jurisdiction over Personal Injury Suits at Tribal Casino

Here are the briefs in Navajo Nation v. Dalley:

Navajo Opening Brief

Lower court materials here.

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Save the Date: Implementing VAWA in California

Download(PDF): VAWA conference flyer YT 10 16

Implementing VAWA in California: Navigating Jurisdictional Waters
Yurok Tribal Office, Klamath, CA
November 17-18, 2016

This FREE regional training event will address topics including:

  • Violence Against Women Act (VAWA)
  • Recognition and Enforcement of Tribal Protection Orders
  • Public Law 280 in California
  • BIPs – Best Practices for Offender Accountability
  • Engaging Men and Boys to Stop the Cycle of Violence
  • Coordinated Community Responses in Tribal Communities

Included with your registration is admission to a special live presentation of the acclaimed play, Mary Kathryn Nagle’s Sliver of a Full Moon, depicting the historic passage of VAWA.

Register online for FREE at: http://NCTCC.eventbee.com/event?eid=145643524

For more information:
Contact Vicki Bates: vbates@yuroktribe.nsn.us or (708) 482-1350 extension #1344
Visit the Facebook Event Page: http://www.facebook.com/events/1739122973028450/

Hosted by the Yurok Tribe
through a grant from the United States Department of Justice
Office on Violence Against Women.

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Oglala Sioux Veteran Shot by Vegas Police


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

Police Killing at Muckleshoot


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Final Commentary on TNToT: “Repeating the Mistakes of the Past in “The New Trail of Tears””

The final commentary on TNToT was published in the LA Review of Books

An excerpt:

Riley’s real interest is to bring unfettered free markets and “property rights” to Indian country. She suggests the disestablishment of tribal land holdings as the solution to imaginary corruption, as well as to all the other problems in Indian country. In other words, corruption and mismanagement starts with sovereignty and collective property, so if we get rid of both Indians will be better off. Unsurprisingly, Riley hearkens back to the allotment policies enshrined under the Dawes Act, a federal program in the 19th century that mandated the confiscation of Indian reservations by the federal government, followed by the liquidation of those assets at pennies on the dollar of their market value and their public sale to non-Indians on the cheap. It was a state-sponsored land grab of unprecedented proportions with negative effects on Indians still felt to this day. What an odd model for a property rights advocate! Allotment meant the dispossession of 100 million acres of Indian lands from 1887–1934 and economic devastation from which most tribes have not, and maybe cannot, recover. The depredations of the Dawes Act are a major reason why federal law and policy was reoriented to protect tribal lands and sovereignty, yet Riley’s ahistorical analysis ignores all of this.

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

Schaghticoke Indians Want $600 Million For Lost Land

Link: Hartford Courant article by Kenneth R. Gosselin

Download(PDF): Complaint in re Schaghticoke Tribal Nation v. State of Connecticut (Oct. 13, 2016)

Excerpt from article:

In a lawsuit filed in Hartford on Thursday, the Kent tribe alleges the state took the land it was managing for the Schaghticokes — eventually amounting to 2,000 acres — without compensating the tribe. The lawsuit contends the tribe is owed at least $613 million, but the tribe says it expects that number to rise because it has not been able to determine the value of all the tracts.

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

Internship for Native American and Alaska Native students

The Udall Foundation offers exceptional opportunities for Native American and Alaska Native students, and we would love for you to forward this information to students involved with your organization.

Native American Congressional Internship: This ten-week summer internship in Washington, D.C., is for Native American and Alaska Native students who wish to learn more about the federal government and issues affecting Indian Country. The Udall Foundation provides round-trip airfare, housing, per diem for food and incidentals, and a stipend at the close of the program. View the application and sign up for free webinars. You may also visit udall.gov to see what some of our alumni are up to now.

Please share this information and feel free to contact us if you have any questions. We’d also love to see you on Facebook, where we share application tips and alumni share job announcements: Native Education @ Udall Foundation.

Application Deadline: January 31st

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