Upper Skagit Prevails over Suquamish in Ninth Circuit U&A Fishing Territory Appeal

Here is the opinion in Upper Skagit Indian Tribe v. Suquamish Indian Tribe.

An excerpt:

In this treaty fishing rights case, the Upper Skagit Indian Tribe (“the Upper Skagit”) filed a Request for Determination as to the geographic scope of the Suquamish Indian Tribe’s (“the Suquamish”) usual and accustomed fishing grounds and stations (“U&A”) as determined by Judge Boldt in 1975. Specifically, the Upper Skagit sought a determination that the Suquamish’s U&A determinations do not include Chuckanut Bay, Samish Bay, and a portion of Padilla Bay where the Upper Skagit has its own court-approved U&A determinations (“the Contested Waters”). On cross-motions for summary judgment, the district court concluded that Judge Boldt did not intend to include the Contested Waters in the Suquamish’s U&A determinations and, accordingly, granted summary judgment to the Upper Skagit. We have jurisdiction pursuant to 28 U.S.C. § 1291. Reviewing de novo, we affirm.

Briefs here.

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

Michigan State NALSA Students + Allies Advocate in Favor of Eliminating Indian Mascots from State Schools



Television coverage here.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Michigan Indian, Student Activities | 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.

University of California at San Fransisco

Associate Director, Office for the Prevention of Harassment and Discrimination. Represents UCSF on behalf of the OPHD Director and serves on various UC and UCSF committees. The Associate Director ensures that UCSF faculty and staff employment policies and procedures comply with all relevant federal, state, and University equal opportunity/affirmative action requirements.

Fond du Lac Band of Lake Superior Chippewa

Staff Attorney, Cloquet, M.N. Provides general legal services to the Band. The Staff Attorney’s responsibilities include contract drafting, litigation, working with administrative agencies, preparing tribal ordinances, and other duties assigned by the Tribal Attorney.  To apply, please submit an application(PDF), resume, and any other supporting documentation to: Fond du Lac Human Resources, 1720 Big Lake Road, Cloquet, MN 55720.

Nisqually Indian Tribe

General Tribal Attorney, Olympia, W.A. Assists and advises the Nisqually Tribal Council, Legal Department Director, and tribal departments in the legal matters related to the management, affairs, and interests of the Tribe. Closes Saturday, October 15, 2017.

Flandreau Santee Sioux Tribe

Human Resources Director, Flandreau S.D. responsible for strategically managing and leading the Human Resources and employees benefit functions of the Tribe, the Tribe’s Health Clinic, and all Tribal Businesses except the Royal River Casino and Hotel. The Director plans and implements Human Resource and employee benefit policies, and updates them periodically. Director ensures that all organizational personnel actions are carried out properly, strictly adhering to tribal and federal laws, and ethical standards. The position also ensures that employee benefits are actively managed and compliant. Applications due Friday, October 6, 2017.

Powers Pyles Sutter & Verville PC

Government Relations Manager, Native American/Tribal Government Practice Group, Washington D.C. Supports Native American advocacy and policy efforts by helping clients design and implement strategies to achieve their social, business and economic goals within a complex legal regulatory framework. A key component of the role is direct lobbying and advocacy. The Manager will advocate on behalf of client interests, monitor and research legislative and regulatory policy developments, draft analyses, prepare correspondences and other documents, as well as facilitate logistics for briefings, agency, and Capitol Hill visits. Qualified candidates will have 3-5 years of relevant regulatory and legislative experience to include at least 2 years of direct lobbying experience. The manager must possess strong analytical, research, and writing skills. A bachelor’s degree is preferred. For consideration, submit a cover letter, resume and writing sample (3-8 pages in length) to Recruiting@PowersLaw.com. In the subject of your correspondence, note “Tribal Relations Manager.” EOE. No search firm submissions, please.

Powers Pyles Sutter & Verville is a law and government relations firm located in Washington, DC, with a national practice focused in four main areas: health law, education law, tribal law, and the law of tax-exempt organizations. Our professionals have served in senior positions in Congress, the White House, the Department of Health and Human Services, presidential commissions and advisory boards, corporate positions, and the private practice of law. The firm remains philosophically committed to the initial vision of remaining mid-sized and independent.

Procopio, Cory, Hargreaves & Savitch, LLP

Summer 2018 Native American Law Internship(2), San Diego, C.A. gain hands-on experience dealing with everyday legal issues facing Native American communities. Interns are involved in matters that deal with specific Indian law-related legal practice matters and other legal problems facing tribal governments and Native entities. Procopio Interns reach out to local Native American youth to provide guidance and inspiration regarding educational direction and opportunities. Applications are due Tuesday, October 31st by 5 p.m. PST.

United States Attorneys Office, District of New Mexico

AUSA (Indian Crimes), Albuquerque, N.M. The attorney selected will be working in the Indian Crimes Section in Albuquerque, New Mexico and will handle prosecutions of a wide variety of federal offenses. Applicants must demonstrate a quick analytical ability and the facility to accurately and precisely articulate the critical issues in a case. Applicants must demonstrate superior oral and writing skills as well as strong research and interpersonal skills, and good judgment. Applicants must possess excellent communication and courtroom skills and exhibit the ability to work in a supportive and professional manner with other attorneys, support staff and client agencies. Applicants must have a demonstrated capacity to function, with minimal guidance, in a highly demanding environment. Applicants will be expected to do their own legal research and writing and will be substantially self-sufficient in preparing day-to-day correspondence and pleadings. Applicants must also demonstrate excellent computer literacy skills to include experience with automated research on the Internet, electronic court filing, and electronic e-mail and word processing systems. Responsibilities will increase and assignments will become more complex as your training and experience progress. Application Deadline: October 4, 2017.

AUSA (Criminal), Las Cruces, N.M. The attorney selected will be working in the Las Cruces Branch office and will handle prosecutions of a wide variety of federal offenses. Application Deadline: October 4, 2017.

AUSA (Organized Crime/Drug Enforcement), Albuquerque, N.M. The attorney selected will be working in the Organized Crime Drug Enforcement Task Force Section. The attorney selected will handle prosecutions of a wide variety of federal offenses, with an emphasis on the prosecution of narcotics crimes. Prosecutions of narcotics offenses include enforcement of Title 21 and cases involving organizations responsible for the trafficking of heroin, marijuana, cocaine, methamphetamine and other controlled substances. Application Deadline: October 4, 2017.

United States Attorneys Office, District of Colorado

AUSA (Appellate), Denver, C.O. Represent the United States in criminal and civil cases before the United States Court of Appeals for the Tenth Circuit. He or she also will handle district court actions filed by federal prisoners under 28 U.S.C. § 2255. Additionally, the AUSA will be required to provide support to lawyers in the Criminal and Civil Divisions. Responsibilities will increase and assignments will become more complex as your training and experience progress. Closes October 3, 2017.

United States Attorneys Office, District of Arizona

AUSA(3), Tuscon, A.Z. Represent the interests of the United States of America in the United States District Court of Arizona and the United States Court of Appeals for the Ninth Circuit, in performing this important public service, to exercise responsibility that is unparalleled in ay other job that a litigator might undertake. AUSAs immediately undertake cases, many high profile, in any of several units within each division. Closes October 4, 2017.

Other jobs posted this week:

RFP for Guardian ad Litems, Grand Traverse Band of Ottawa and Chippewa (9/20/17).

Previous Friday Job Announcements: 9/15/17

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

Oklahoma En Banc Petition in Murphy v. Royal


State En Banc Petition

Panel materials here.

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

National Indian Law Bulletin (9/21/2017)


The National Indian Law Library added new content to the Indian Law Bulletins on 9/21/17.

U.S. Supreme Court Bulletin
Petition was filed in Upper Skagit Indian Tribe v. Lundgren (Tribal Sovereign Immunity) on 9/11/17.

Read the latest Tribal Supreme Court Project update published on 9/22/17.

News Bulletin
In the Tribal Government section, we feature an article regarding a possible tribal carbon tax initiative.

U.S. Federal Courts Bulletin
United States v. Osage Wind, LLC (Mining Leases; Wind Turbines)
Jamestown S’Klallam Tribe v. McFarland (Bankruptcy – Fraudulent Transfers)
Nanticoke Lenni-Lenape Tribal Nation v. Porrino (State Recognition of Tribes)
Flandreau Santee Sioux Tribe v. Gerlach (Indian Gaming; State Taxation)

State Courts Bulletin
Scott Ranch LLC (Tribal Water Rights Adjudication)
Sharp Image Gaming INC. v. Shingle Springs Band of Miwok Indians (Indian Gaming – Collateral Agreements)

U.S. Regulatory Bulletin   
We feature a notice of the Department of the Interior, Bureau of Indian Affairs, proclaiming certain lands as reservation for the Jamestown S’Klallam Tribe of Washington.

U.S. Legislation Bulletin
The following bills were added:
H.R.3354: Department of the Interior, Environment, and Related Agencies Appropriations Act, 2018.
H.R.3744: Tribal Recognition Act of 2017.

Law Review & Bar Journal Bulletin
We feature these articles:
Sacrifice zones in the green energy economy: The “new” climate refugees.
Rights without remedies.

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

Tenth Circuit Dismisses Challenge to Hydraulic Fracking Rule as Unripe

Here is the opinion in State of Wyoming v. Zinke.

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

“ND Judges Trying to End Program Allowing Out-of-State Lawyer to Represent Water Protectors” UPDATE: Notice of Comment – Petition to Terminate the Special Provision of Legal Services

From Democracy Now, here.

Update with Notice of Comment (docs here, too)



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

American Indian Law Journal: Call for Submissions to Spring 2018 Issue


The American Indian Law Journal, published by the Seattle University School of Law, serves as a vital online resource providing high quality articles on issues relevant to Indian law practitioners and scholars across the country. The American Indian Law Journal accepts articles and abstracts on Indian Law for consideration from students, practitioners, tribal members, and law school faculty members.

The American Indian Law Journal is currently
accepting submissions for potential publication
in the spring 2018 issues.

Submission Deadline:

Spring issue January 15, 2018

Article submissions are accepted through Scholastica, BePress, and AILJ@seattleu.edu. The editing process for publication begins soon after these deadlines for each respective issue. The American Indian Law Journal respectfully requests that authors please use footnotes rather than endnotes. All footnotes must conform to the 20th edition of The Bluebook.

For more information or to submit an article, please contact Tracey Cook-Lee, Content Editor, AILJ@seattleu.edu.

Posted in Author: Matthew L.M. Fletcher, Call for Papers, Scholarship, Student Activities | Tagged , | Leave a comment

Montana SCT Holds Water Rights Associated with Former Crow Allotment but Now Held by Others are Not Part of Tribal Water Right

Here are the materials in In re Scott Ranch:


Amicus Curiae Brief 

Appellant Brief 

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

New Book: “Claiming Turtle Mountain’s Constitution: The History, Legacy, and Future of a Tribal Nation’s Founding Documents” by Keith Richotte

Claiming Turtle Mountain’s Constitution: The History, Legacy, and Future of a Tribal Nation’s Founding Documents

By Keith Richotte Jr.

TM Book

In an auditorium in Belcourt, North Dakota, on a chilly October day in 1932, Robert Bruce and his fellow tribal citizens held the political fate of the Turtle Mountain Band of Chippewa Indians in their hands. Bruce, and the others, had been asked to adopt a tribal constitution, but he was unhappy with the document, as it limited tribal governmental authority. However, white authorities told the tribal nation that the proposed constitution was a necessary step in bringing a lawsuit against the federal government over a long-standing land dispute. Bruce’s choice, and the choice of his fellow citizens, has shaped tribal governance on the reservation ever since that fateful day.

In this book, Keith Richotte Jr. offers a critical examination of one tribal nation’s decision to adopt a constitution. By asking why the citizens of Turtle Mountain voted to adopt the document despite perceived flaws, he confronts assumptions about how tribal constitutions came to be, reexamines the status of tribal governments in the present, and offers a fresh set of questions as we look to the future of governance in Native America and beyond.

For more information and to read an excerpt, visit the book page.

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