NYTs: “Video Shows Border Patrol SUV Hitting Native American Man, Then Driving Away”

Here.

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

Department of Justice

Assistant United States Attorney, Asheville, N.C. The United States Attorney’s Office for the Western District of North Carolina encompasses 32 western counties in North Carolina. Our mission is to seek justice. Protect the rights and safety of the public by vigorously, ethically and impartially enforcing the laws of the United States and Safeguard the Federal funds and resources. The duties of a Civil AUSA will include filing civil complaints and enforcing civil and criminal judgments, conducting legal research, writing briefs, taking deposits, appearing in court, and conducting investigations. Applications close on June 15, 2018. Please see the website for more information.

Oglala Sioux Nation

Justices, Pine Ridge, S.D. The Supreme Court of the Oglala Sioux Nation is looking to fill three (3) Supreme Court Justice positions and one (1) Alternate Justice position. All Justices of the Supreme Court must have a Juris Doctorate from an A.B.A. accredited law school and must be licensed to practice law in any state or federal jurisdiction. Justices of the Supreme Court shall be appointed to the Supreme Court by the Tribal Council and shall serve a six year term. Please see the announcement for more information. Applications open until positions are filled.

Northwest Indian Fisheries Commission

Habitat Policy Analyst II, Olympia, W.A. The Northwest Indian Fisheries Commission (NWIFC) is looking for a Habitat Policy Analyst to provide policy analysis, support and coordination on emerging habitat issues for Commission and member tribes to advance habitat protection and restoration objective necessary to the protection of tribal treaty rights and resources. NWIFC is looking for someone with a Master’s degree in environmental science, public administration, legal or related fields and seven years of pertinent work experience. Applications open until July 6, 2018. Please see the announcement for more information.

Last week’s postings: June 8, 2018.

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National Indian Law Library Bulletin (6/14/2018)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 6/14/18.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition for certiorari was filed in Citizen Potawatomi Nation v. Oklahoma (Indian Gaming – Arbitration) on 5/30/18.
A Per Curium Opinion was issued in Washington v. U.S. on 6/11/18.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2018.html

  • Rejecting the Zero-Sum game in daily fantasy sports: A proposal for Arizona.
  • The Supreme Court’s last 30 years of Federal Indian Law: Looking for equilibrium or supremacy?
  • Valuable lessons to learn from Tribal innovation.
  • The rapidly increasing extraction of oil, and Native Women, in North Dakota.
  • Statutory divestiture of Tribal Sovereignty.
  • Breaking faith with the Tribal Sovereignty Doctrine.
  • The puzzle of traditional knowledge.
  • Tribes and Cannabis: Seeking parity with States and consultation and agreement from the U.S. Government.
  • Lewis v. Clarke (15-1500).
  • DAPL: Storm clouds on the horizon in Indian Country.
  • The Volkswagen Settlement: An opportunity for Tribes to mitigate nitrous oxide emissions in Indian Country.
  • Domestic Violence.
  • Indian Nations and The Constitution.

Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2018.html
United States v. Jim (Gaming Revenue Distributions; Taxation)
California v. Picayune Rancheria of Chukchansi Indians of California (Official Tribal Government)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2018.html
White v. Schneiderman (Cigarette Taxation)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature an article about a U.S. Supreme Court decision that upholds protections for salmon.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:

  • H.R.6030: Tribal School Federal Insurance Parity Act.
  • S.3046: Tribal Food Sovereignty Act of 2018.
  • H.R.3744: Tribal Recognition Act of 2017.
  • S.1285: Oregon Tribal Economic Development Act.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2018.html
We feature a notice of the Department of the Interior, Bureau of Indian Affairs, regarding the new list of designated tribal agents for service of notice in compliance with the Indian Child Welfare Act.

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Iowa Law Review Student Scholarship on How NHPA Fails Tribal Interests

Amanda M. Marincic has published “The National Historic Preservation Act: An Inadequate Attempt to Protect the Cultural and Religious Sites of Native Nations” in the Iowa Law Review.

An excerpt:

Beginning in 2016, the Standing Rock Sioux Tribe engaged in a highly-publicized, year-long legal battle with Energy Transfer Partners regarding the construction of the Dakota Access Pipeline (“DAPL”). The Tribe initially argued that the DAPL’s construction would destroy ancient burial sites and potentially poison their only source of drinking water, the Missouri River. The Tribe also argued that the agency involved in the project, the Army Corps of Engineers, did not fulfill the obligations required by the NHPA. For a while, the fate of the DAPL was uncertain, with permits for construction being denied and then granted. After the Army Corps of Engineers granted the permit pursuant to President Trump’s memorandum, construction on the DAPL was completed. After several failed attempts by the Standing Rock Sioux to halt operation of the DAPL, a federal district judge ruled in June 2017 that the environmental impact studies done on the DAPL were inadequate. While this ruling is a small victory for the Standing Rock Sioux Tribe, the NHPA was useless in protecting its cultural sites from significant damage.

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

Nooksack: Three New Disenrollment-Related Lawsuits

Doucette v. Zinke (W.D. Wash):

complaint

Belmont v. BIA Acting Northwest Regional Director (IBIA):
Tageant v. Smith (Wash. Sup. Ct.):
Posted in Author: Matthew L.M. Fletcher, Research, tribal membership | Tagged , , , , , , , | Leave a comment

Seminole Tribe v. FCC Petition for Review [NHPA]

Here is the petition in Seminole Tribe of Florida v. Federal Communications Commission (D.C. Cir.):

complaint

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News Profile of Rising Indian Women Leaders

From Planet Jackson Hole, “Tipping the Scales: While challenging imbalances of representation in law and politics, a wave of indigenous women are rising into power
within their communities
.”

Profiles include Deb Haaland, Terri Smith, and Affie Ellis.

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

2018 Designated Agents for ICWA Service

Here!

Apparently last year I threatened some of you with embarrassment if you didn’t use these, which I’m not doing this year (but seriously, use these. Do not send notice to the tribal newspaper [yes, that has happened]).

 

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

Legal Education Scholarship

The Indian Law Section (ILS) of the State Bar of Wisconsin was created in part to bring together those who have a special interest in Indian Law. In order to foster this special interest, the ILS intends to award a scholarship to a deserving third-year law student who intends to practice Indian Law in the state of Wisconsin. The award for the 2018-2019 school year will be $1,000. Future year award amounts are subject to change based upon student interest and ILS resources.
Applications must be postmarked no later than August 1, 2018 midnight central time. Late or incomplete applications will not be considered. The recipient will be notified by mid-June, and be formally recognized at the Annual Indian Law Section CLE.

Please see the Legal Education Scholarship Application for more details.

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Washington State Adopts ICWA Pro Hac Rule!

Order here.

Effective September 1!

ICWA Pro Hac page here.

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