Indian Law Symposium at the Albany Government Law Review

Here:

Indian Title: Unraveling the Racial Context of Property Rights, or How to Stop Engaging in Conquest

Joseph William Singer

This article discusses the racial injustice faced by Native Americans, with whom land titles in the United States originated with. The author argues it is vital to interpret the Supreme Court cases of the 19th century that correctly defined Indian title, and to honor the property rights of Indian title just as we do the “fee simple of the whites”.

10 Alb. Govt. L. Rev. 1 (2017)

Indians, Race, and Criminal Jurisdiction in Indian Country

Alex Tallchief Skibine

This article argues that the classification of “Indian” for the purposes of the ICCA and the Duro fix is not “racial” even if it includes non-enrolled people of Indian ancestry. Furthermore, this article discusses the Zepeda court and how it conflicts with the first prong of the Rogers test regarding what type of blood qualifies Indian blood.

10 Alb. Govt. L. Rev. 49 (2017)

Anishinaabe law and “The Round House”

Matthew L.M. Fletcher

This article discusses the rising Indian country violent crime and novelist Lousie Eldrich’s “The Round House” which addresses modern Anishinaabe violent crime where women are violently attacked, and the failure of the federal and tribal criminal justive system to resolve the crime. This article discusses traditional and modern Anishinaabe law, how the two merge, and the problems with contemporary law enforcement mechanisms in the light of jurisidctional issues and a cultural divide.

10 Alb. Govt. L. Rev. 88 (2017)

The Doctrine of Christian Discovery: Its Fundamental Importance in United States Indian Law and the Need for its Repudiation and Removal

Joseph J. Heath, Esq.

This article discusses the doctrine of Christian discovery and how it negatively affects the rights of the Indigenous nations’ land and treaty rights. Though it is difficulty to see how the US Courts or Congress will produce favorable results given the 8-1 Sherrill decision, the author urges the continuation of work with religious and academic communities to pressure the Vatican to rescind the Papal Bulls of the 15th century and to remove the doctrine completely.

10 Alb. Govt. L. Rev. 112 (2017)

Telling Stories in Council and Court: Developing a Reflective Tribal Governance

Leah Jurss

This article discusses the incorporation of traditional story telling into tribal government and legal systems and the dichotomy of tradtional and modern systems. The author argues this approach can be implemented by tribal governments and and legal deparments to stray away from the strict American model, and head towards a new model that incorporates tribal principles yet confroms to the requirements of the Americal legal system.

10 Alb. Govt. L. Rev. 157 (2017)

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

Updated ICWA Appellate Page

We’ve updated and cleaned up the ICWA Appellate Page. We’ve also added the eight comprehensive state ICWA laws to the page.

A link to the page is now available at the top of Turtle Talk in the menu, and the address is http://www.turtletalk.wordpress.com/icwa

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , | Leave a comment

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.

Havasupai Tribe

Appellate Judge. Would preside over appeal cases for the Havasupai Court of Appeals. Interested applicants should provide a letter of interest and a current resume to Joan Davis at rjdavis@rothsteinlaw.com.

Swinomish Indian Tribal Community

Staff Attorney. Provide legal advice, document drafting and collaboration with a wide range of Tribal policy committees, departments and entities, with work that may include contract preparation, drafting ordinances and policies, treaty hunting and fishing rights and management, environmental protection and habitat restoration, Indian gaming, housing and utilities, health care and/or social welfare programs, employment benefits or taxation.

Qualified applicants must be licensed, or have the ability to become licensed, to practice in Washington. We are seeking an energetic attorney with excellent written, oral, research and analytical skills, strong interpersonal communication and negotiation skills, and an ability to work hard and thrive in an interdisciplinary and cross-cultural environment; bring flexibility to a fast-paced and dynamic work setting; enjoy and excel at creative problem solving; have demonstrated a commitment to working with Native or other minority communities and/or restorative justice; and a commitment to reside on or near the Swinomish Reservation.

Qualified applicants must have experience or demonstrated expertise in one or more of the following: drafting and negotiating contracts; drafting statutes, policies and procedures; litigation, preferably in Federal Court; representing public or private entities; gaming regulation or operations; and Indian law, including protection of treaty rights, as well as expertise in several of the substantive fields of law listed above. Compensation DOE.

For application and complete job description please provide your contact information to Wendy Otto, 11404 Moorage Way, LaConner, WA 98257; (fax) 3601466-5309; email wotto@swinomish.nsn.us Applications will be accepted until suitable candidate is found. Applicants must pass a background check and a drug test.

Karuk Tribe

Assistant General Counsel, Yreka, CA.  will work to provide legal services, representation, and advice on legal, legislative, and governance issues confronting the tribal government, its entities, and enterprises. Applications available at all Tribal Offices or on the Internet at http://www.karuk.us.

Ak-Chin Indian Community

Assistant Prosecutor. Previously posted here. Now open until filled.

Southcentral Foundation

General Counsel, Business and Intergovernmental Affairs, Anchorage, AK. provides legal advice and assistance on a variety of matters including: tribal self-governance and ISDEAA; tribal relations; business affairs; business transactions; and intergovernmental relations. This position will also assist the General Counsel, Health Care and Corporate Governance, as necessary or required. Salary DOE with excellent benefits including an employer matched 401K plan, generous paid leave 3.6 – 6.5 weeks per year, 12 paid holidays, employee medical, dental, vision, hearing and more.

Applicants must be an actively licensed member of the Alaska Bar in good standing with at least 5 years of related experience. Imagine working for an entire people, instead of a business. Southcentral Foundation can give you that job satisfaction.  Come join our innovative, award winning healthcare organization expanding the frontier of healthcare.

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

Robert Reich: Trump’s Assault on Federal Judiciary is Grounds for Impeachment

Here is “Trump’s Unconstitutional Assault on the Judiciary.”

 

Posted in Author: Matthew L.M. Fletcher | Tagged , | 1 Comment

Prosecutor Job Opening at Muckleshoot.

More information here. Please apply through the Tribe’s HR system.

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

Job Opening: Staff Attorney at NARF in D.C.

The Native American Rights Fund in Washington, D.C. has a staff attorney position opening. See the announcement at: http://www.narf.org/contact-us/join-team/

Apply by May 22, 2017.

Posted in jobs, Research | Tagged , | Leave a comment

Court of Federal Claims Dismisses Pro Se Treaty Rights Claim

Here are the available materials in Walking Eagle v. United States (Fed. Cl.):

1 Complaint

14 DCT Order

The remaining pleadings are sealed.

An excerpt from the opinion:

Plaintiff, Clarence Walking Eagle, Jr., is a Sioux Native American in the Fort Peck Sioux Tribe and resides on Fort Peck in Brockton, Montana. Appearing pro se, he filed his complaint on August 8, 2016, seeking $10,000,000.00 in compensatory damages under various treaties and statutes due to, among other alleged wrongs, “being unlawfully alienated from the exclusive use and benefit of [his] trust land and exposed to foreign jurisdiction without consent for the benefit of non-Indian concerns for almost ninety-nine years.” Pl.’s Compl. ¶ 48. Plaintiff also seeks $10,000,000.00 in punitive damages and various forms of equitable relief, such as an order restraining state law enforcement agencies from exercising jurisdiction within the boundaries of Fort Peck.
On December 5, 2016, defendant filed a motion to dismiss for lack of jurisdiction and for failure to state a claim upon which relief can be granted, arguing that plaintiff’s claims accrued outside this court’s six-year statute of limitations and that plaintiff is precluded from bringing these claims due to his participation in the Cobell class-action settlement, which is described in more detail below. See Cobell v. Salazar, No. 96-1285(TFH), 2011 WL 10676927 (D.D.C. July 27, 2011); Def.’s Mot. to Dismiss (“Def.’s Mot.”) Ex. 4 (copy of the Cobell settlement agreement). We agree and deem oral argument on this motion unnecessary. Because we find that plaintiff’s claims accrued outside of this court’s six-year statute of limitations and that, in any event, plaintiff is precluded from bringing these claims due to the Cobell settlement agreement, we grant defendant’s motion to dismiss.
Posted in Author: Matthew L.M. Fletcher, Research, treaty rights, trust relationship | Tagged , , , | Leave a comment

Eighth Circuit Briefs in Sisseton-Wahpeton Effort to Save Burial Mounds

Here are the materials in Sisseton-Wahpeton Oyate of the Lake Traverse Reservation v. United States Corps of Engineers:

Opening Brief

Federal Answer Brief

Reply

Lower court materials here.

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

Tulalip Tribes Sue Coast Guard to Protect Southern Resident Killer Whale

Here is the complaint in Tulalip Tribes v. Kelly (W.D. Wash.):

Complaint

 

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

Nooksack Disenrollees’ RICO Action against Nooksack Holdover Council (in their individual capacities) to Proceed

Here are the materials in Rabang v. Kelly (W.D. Wash.):

ORDER

MOTION OF DEFENDANTS KELLY, GEORGE, SMITH, SOLOMON, JOHNSON, CANETE, GEORGE, ROMERO, EDWARDS, AND ARMSTRONG TO DISMISS PURSUANT TO F. R. CIV. P. 12(B)(1) AND F. R. CIV. P. 12(B)(6)

RESPONSE TO MOTION OF DEFENDANTS KELLY, GEORGE, SMITH, SOLOMON, JOHNSON, CANETE, GEORGE, ROMERO, EDWARDS, AND ARMSTRONG TO DISMISS PURSUANT TO F. R. CIV. P. 12(B)(1) AND F. R. CIV. P. 12

DEFENDANTS_ REPLY IN SUPPORT OF KELLY DEFENDANTS_ RULE 12(B)(1) AND 12(B)(6) MOTION TO DISMISS

PLAINTIFFS_ NOTICE OF SUPPLEMENTAL AUTHORITY

 

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