National Indian Law Library Bulletin (8/18/2017)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/18/17.

U.S. Supreme Court Bulletin 

Petition for certiorari was filed in Town of Aquinnah v. Wampanoag Tribe of Gay Head and Massachusetts v. Wampanoag Tribe of Gay Head (Indian Gaming Regulatory Act – Restrictions imposed by States) on 8/8/17. 
Petition for certiorari was filed in French v. Starr (Jurisdiction) on 8/2/17. 

News Bulletin
In the Tribal Jurisdiction section, we feature an article about tribal court jurisdiction regarding opioid abuse. 

Law Review & Bar Journal Bulletin

The following articles were added:

New horizons in Indian country. 

Indigenous Rights of Standing Rock: Federal courts and beyond.

Justice Gorsuch and Federal Indian law. 

Unraveling Public Law 280: Better late than never. 

Legal developments: Trust in lands in Alaska.

A legal perspective on sliver of a full moon. 

Human rights heroes. 

U.S. Regulatory Bulletin

We feature an adopted rule from the Department of Commerce, National Oceanic and Atmospheric Administration, on subsistence taking of northern fur seals on the Pribilof Islands for 2017-2019. 

U.S. Legislation Bulletin 

The following bill was added: 

H.R.3650: To provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes.

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Worth Checking Once in a While from Moyer’s — Interactive Timeline: Everything We Know About Russia and President Trump

Here.

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

Culverts cert petition filed

The State of Washington has petitioned for cert. in the Culverts case. The cert. petition is available here.

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Kialegee Tribal Town Sues DOI Over Jurisdiction After Muscogee (Creek) Nation Raid

Links: Tulsa World coverage

Download(PDF) complaint in the matter of Kialegee Tribal Town v. Zinke et al, 17-cv-01670 (D.C. Circuit August 17, 2017): Doc. 1 – Complaint for Declaratory and Injunctive Relief

Kialegee Tribal Town is arguing the precedence of last week’s Murphy v. Royal like Cherokee Nation is in McKesson v. Hembree.

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

Cherokee Nation Says Recent 10th Cir. Decision Supports Tribal Court Jurisdiction Over Drugmakers

Download(PDF) brief in the matter of McKesson Corp. et al. v. Hembree et al., 17-cv-00323 (D. Okla.):

Links: Previous posts, Murphy v. Royal (10th Cir. Aug. 8, 2017)

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Friday Job Announcements

Job vacancies are posted on Friday. Some announcements might still appear throughout the week. If you would like your Indian law job posted on Turtle Talk, please email indigenous@law.msu.edu.

Fond Du Lac Band of Lake Superior Chippewa

Tribal Court Strategic Planning RFP. The consultant will engage with justice system partners in a data-informed planning process and will develop a written tribal court strategic plan that will guide the development of the Fond du Lac Tribal Court. To submit a proposal, send a proposal by e-mail to MiyahDanielson@fdlrez.com or by mail to Miyah Danielson, Executive Director for Tribal Programs, 1720 Big Lake Road, Cloquet, MN 55720. Proposals must be received by 4:30 p.m. central time on Friday, September 1, 2017.

Tribal Court Personal Representative Legal Services RFP. Provide legal representation to personal representatives in tribal court probate proceedings

Oglala Sioux Tribe

Notice is hereby given that the OGLALA SIOUX TRIBE is accepting applications for the positions of:

Administrative Law Judge
Attorney General
Prosecutor (3 positions)
Chief Judge
Ethics Committee (4 positions) & Alternate (2 position)
General Manager – Casino

All positions open until filled. Please call Oglala Sioux Tribe Secretary, Donna Solomon at (605) 867-8468 for further information.

Native American Disability Law Center

Attorney, Farmington or Gallup, N.M. The Law Center provides legal services to Native Americans with disabilities living on or near the Navajo & Hopi reservations.

National Council of Urban Indian Health

Director of Governmental Affairs, Washington D.C. The person in this role should have experience with Capitol Hill, public health, government affairs, grants, and the legislative process as well as a work history with Native American issues and a strong work ethic. This opportunity would be best for someone who has congressional experience and a passion for the betterment of American Indian/Alaska Native healthcare.

Policy Associate, Washington D.C. The person in this role should have experience with Capitol Hill, public health, government affairs, and the federal legislative process as well as a work history with Native American issues and a strong work ethic.

Shoshone-Bannock Tribes

Assistant Prosecutor. This position is for attorneys or advocates with entry to mid-level experience. This position will mainly handle criminal cases, but will involve some juvenile, child support, and child protection matters. Pay is dependent upon experience. Indian and Veteran preference applies. Call or email with any questions. You must turn in an application and all supporting documents by 5:00 p.m. on 25 August 2017 to be eligible for this position. Incomplete applications may be screened out. Telephone calls are not accepted in place of an employment application.

Confederated Tribes of the Colville Reservation

Senior Staff Attorney, Office of the Reservation Attorney. Must have at least five (5) years but preferably ten (10) years of successful experience as a licensed attorney and provide evidence of expertise in issues related to Tribal Government and Policy, Water and/or Natural Resources Law, and/or Tribal Economic Development, and/or Employment Law. Open Until Filled with First Review August 18, 2017.

University of South Dakota School of Law

Tenure-Track Position in Trial Advocacy. Will teach two three-credit sections of the Trial Techniques class most semesters, and in addition, will be responsible for coaching the trial team program. The trial team has a high rate of student participation.

Kalispel Tribe of Indians

Paralegal, Airway Heights, W.A. Assists the assigned attorney with legal issues and concerns involving Tribal Legal Office activities.

Other positions posted recently:

University of Montana Alexander Blewett III School of Law – Natural Resources/Environmental law professor (8/16/17)

Prairie Island Indian Community – RFPs for Appellate Judge, Election Legal Services, and Associate Judge (8/14/17)

Nez Perce Tribe – Public Defender, Chief Judge

Last Friday Jobs Announcement: 8/4/17

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Tina Fey for President 

Here.

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

Federal Court Holds Feds Cannot Tax Proceeds Derived Directly from Indian Lands

Here are the materials in Perkins v. United States (W.D.N.Y.):

An excerpt:

This case presents what appears to be an issue of first impression: whether a treaty between the United States and Native Americans ensuring the free use and enjoyment of tribal land bars taxes on income derived directly from the land—here, the sale of gravel mined on the land. Although at least two circuit courts have suggested in dicta that “income derived directly from the land” might be exempt from taxation under such treaties, they did so to distinguish that scenario from cases where an exemption was sought for income earned in ways that do not relate to the land itself. See Lazore v. Comm’r, 11 F.3d 1180 (3d Cir. 1993); Hoptowit v. Comm’r, 709 F.2d 564 (9th Cir. 1983). This case presents the very issue about which those courts speculated. And for the reasons that follow, this Court agrees with their speculation and finds that the plaintiffs have plausibly stated a claim for relief under two treaties with the Native American Seneca Nation.

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

National Indian Law Library Bulletin (8/4/2017)

Little late on this one, I know….

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/4/17.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Enerplus Resources Corporation v. Wilkinson (Jurisdiction – Settlement Agreements)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Hoopa Valley Tribe v. Bernardo (Tribal Sovereign Immunity)
Hendricks v. Mashpee Wampanoag Tribe (Elections)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Wingra Redi-Mix INC. v. Brial Sites Preservation Board (Burial Sites)
Bob S. v. State of Alaska (Indian Child Welfare Act – Termination of Parental Rights)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature a story about Congressional review of Indian land trust policy.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Operationalizing free, prior, and informed consent.
Mining for compromise in pastoral Greenland: Promise, progress, and problems in international law’s response to indigenous people.
Citizenship, disenrollment & trauma.
Restoring the Skagit River Delta: Habitat restoration and farmland reclamation on Fir Island.
Riparian rights, navigability, and the Equal Footing Doctrine in Montana.
Form and substance: The National Historic Preservation Act, Badger-Two Medicine, and meaningful consultation.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.3473: To amend section 520E of the Public Health Service Act to require States and their designees receiving grants for development and implementation of statewide suicide early intervention and prevention strategies to collaborate with each Federally recognized Indian tribe, tribal organization, and urban Indian organization in the state.
H.R.3597: To amend the Coastal Zone Management Act of 1972 to authorize grants to Indian Tribes to further achievement of Tribal coastal zone objectives, and for other purposes.
S.1698: A bill to amend the Internal Revenue Code of 1986 to clarify the treatment of contributions to Alaska Native Settlement Trusts, and for other purposes.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a Department of the Interior notice regarding conveyance of the surface estate in the lands for an Alaska Native village.

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

Federal Court Holds US Govt. is “Owner” of Indian Trust Land under CERCLA for Liability Purposes

Here are the materials in El Paso Natural Gas Co. LLC v. United States (D. Ariz.):

130 El Paso Supplemental Brief

133 US Supplemental Brief

135 DCT Order

Prior post on this case here.

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