NYTs Op-Ed: David Archambault on Dakota Access Opposition

Here is “Taking a Stand at Standing Rock.”

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

NYTs: “Occupying the Prairie: Tensions Rise as Tribes Move to Block a Pipeline”


Briefs in Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C.) are here.

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

San Bernadino County Sheriff Enjoined from Citing On-Reservation Tribal Members for Traffic Violations

Here are the materials in Chemehuevi Indian Tribe v. McMahon (C.D. Cal.):

13-1 Tribe Motion

14 Opposition

24 Supplemental Opposition

26 Reply

32 Tribe Supplemental Brief

35 Response to 32

51 DCT Order

We posted the complaint here.

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

Fletcher: “The Next Justice’s Impact On The Indian Child Welfare Act” (law360.com)

The Next Justice’s Impact On The Indian Child Welfare Act

Matthew L.M. Fletcher

Justice Antonin Scalia’s death impacts Indian country in dramatic ways. Last term, the most critical tribal court jurisdiction appeal to hit the Supreme Court of the United States in decades was affirmed by a 4-4 tie in favor of tribal jurisdiction. The court declined certiorari in a pair of tribal labor relations cases where there was a gaping circuit split, possibly because the justices foresaw yet another 4-4 tie. The next justice may be the deciding vote in cases that bring the same questions, but bigger cases involving the Indian Child Welfare Act(ICWA) are in the pipeline.

ICWA is invoked in literally hundreds of child welfare cases throughout the country every year. ICWA applies whenever an Indian child is removed from home by state agencies, and further applies when an Indian parent’s rights to a child might be terminated. ICWA requires state courts with jurisdiction over Indian children to notify relevant tribes and allow them to intervene as a party, and in some matters transfer jurisdiction to tribal court. ICWA more quietly establishes robust due process protections for Indian parents and Indian children, protections that Casey Family Programs and 16 other child welfare advocacy groups call the “gold standard” in child welfare statutes. Given that many state child welfare systems are bureaucratic nightmares where families can be lost, this is an important statement.

Continue reading

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Registration is Now OPEN for ILPC/TICA Conference!!

Registration is here.

Registration includes continental breakfast and lunch both days, along with the reception on Thursday night at the East Lansing Marriott. We’ve also applied for 10.75 CLEs from the Minnesota State Bar Association, and will provide forms for those seeking credits in other states.

The tentative 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.

Posted in Announcements, Author: Kate E. Fort | Tagged , , | Leave a comment

Series of Articles on ICWA in the Minnesota Star Tribune

Part I here.

Part II here.

Charts on the foster care disparities in Minnesota here.

Small piece on Minnesota Indian Women’s Resource Center here.

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

NAICJA Award Nominations Open Through September 9


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Pipeline to Law Initiative: 2-Day Admissions Workshop at USD in September

Application Deadline September 1st!

Pipeline to Law Workshop at University of South Dakota School of Law September 16-17, 2016.

Free program! Lodging and meals provided and a limited number of LSAT Prep courses will be available for participating students. Feel free to share with students you think is interested! This program received great reviews from previous students.



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

Sentencing Commission Retains Tribal Issues Advisory Group

The US Sentencing Commission seeks applications by October 24, 2016, for a standing advisory group that consults with Indian Country regarding federal sentencing issues. It will also study the findings and recommendations contained in the May 2016 Report, and consider amendments to the Guidelines Manual.

Download: Notice (PDF), Charter (PDF)

Previous posts: Final Report

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

Tribal Children and Families Program Specialist Job Openings



  • Providing the entire range of services and technical assistance to Tribes and Tribal organizations regarding child welfare grant programs that include but are not limited to titles IV-B and IV-E of the Social Security Act and the Child Abuse Prevention and Treatment Act.
  • Providing advice and consultation to Tribal staff in the development of Tribal plans based on new legislation or Federal policy assuring that the Tribe understands the intent of the Congress, interprets the directives correctly, and covers all pertinent points in its plan.
  • Identifying deficiencies in Tribal program operations using audit, program/financial review, and quality control findings.
  • Negotiating with Tribal agency staff for mutually acceptable changes.
  • Analyzing Tribal grant award requests and expenditure estimates.
Posted in Author: Kate E. Fort, Child Welfare, Uncategorized | Tagged , , | Leave a comment