2017 Indigenous Law & Policy Center Fellowship Announcement

The Indigenous Law & Policy Center welcomes applications for the 2017–2018 Fellow position.

Position Summary

The ILPC Fellowship is a flexible position that offers one new law grad each year the chance to work in a setting that is both academic and clinical in nature. Depending on the particular interests of the Fellow, there may be more time spent developing academic articles, researching and writing briefs, interacting with students and legal professionals, or attending conferences centered on Indian law.

Duties and Responsibilities

The following duties and responsibilities are an approximate list of the duties and responsibilities of past Fellows. The Fellow chosen will have the opportunity to spend more time in areas that interest them, but may have to complete additional duties as required by the ILPC.

  1. Maintain a weekly study skills and community-building meeting with 1L students interested in the Indigenous Law & Policy Certificate.
  2. Co-teach the Indian Law Clinic class and the NNALSA Moot Court class.
  3. Act in a staff attorney capacity, researching and writing on problems of federal Indian law as they arise, especially in the ICWA Appellate Project of the Indian Law Clinic.
  4. Assist with the preparation of party and amicus briefs handled by the ILPC.
  5. Publish or work towards publishing a scholarly article, white paper, or working paper based on independent research.
  6. Help with the organization and facilitation of the annual ILPC conference.


  1. Recent graduate of an ABA accredited law school.
  2. Taken a course or have experience in Federal Indian Law.
  3. Commitment and availability to hold the Fellow position from July 2017–June 2018, as well as a willingness to travel occasionally to conferences.
  4. Bar passage is not required, but Fellows are encouraged to take the bar exam.


$42,099, plus Michigan State University College of Law full time staff benefits.

Application Requirements

Please submit a cover letter outlining your interest and personal goals, a current resume and writing sample, and two references to Sarah Donnelly at donnel93@law.msu.edu via PDF attachment by April 15, 2017.

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

Gorsuch: “Tribes are . . . Sovereign Nations”

Here is a link to a short clip created by a user on C-SPAN from Judge Gorsuch’s testimony. Judge Gorsuch mentions his decisions in cases involving the Ute Tribe and the Osage Tribe. Thanks to John Dossett.

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

DAPL Appeal Pleadings

Here are the briefs in Standing Rock Sioux Tribe v. United States Army Corps of Engineers:

2017 03 15 Em Mtn for Injunction

2017 03 17 ACOE Resp in Opp

2017 03 17 CRST Reply

2017 03 17 DAPL Resp in Opp Exhibits

2017 03 17 DAPL Resp in Opp

2017 03 18 Order Denying Injunction

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

NAICJA 2017 Conference RFP

The National American Indian Court Judges Association (NAICJA) invites presentation proposals for the 48th Annual National Tribal Judicial and Court Personnel Conference which will be held October 10-13, 2017, at the beautiful Isleta Resort & Casino in Albuquerque, NM. NAICJA’s Annual Conference offers innovative and timely tribal justice information through high quality presentations by national experts.

The theme of this year’s conference is, “Tribal Justice: Building and Strengthening Relationships and Partnerships.” NAICJA is featuring topics that highlight ways in which American Indian, Alaska Native, Native Hawaiian and First Nations justice systems are building and strengthening relationships between tribes, states, federal agencies, and organizations including the philanthropic sector. We are especially interested in presentations that focus on collaboration and partnerships, tribal sovereignty, international frameworks for understanding indigenous principles and topics, promising Indian child welfare practices, court security, and other areas of interest to court clerks and court personnel.

Full details available here:  NAICJA 2017 Presentation RFP Final.



This is your opportunity to share your expertise and display your creativity by developing an original program for presentation. Proposals specifically tailored to meet the needs of the 300-person NAICJA audience are strongly preferred. Proposals are due on or before Monday, May 1, 2017 at 9:00 a.m. (MST).

Posted in Announcements, Author: Victoria Sweet, Education, tribal courts | Tagged | Leave a comment

Central New York Fair Business Assoc. v. Jewell Cert Petition


Cert Petition

Questions presented:

1) Does the Secretary of the Interior have unlimited authority pursuant to 25 U.S.C. § 465,25 U.S.C. § 9 and 43 U.S.C. § 1457 to promulgate and exercise the 25 CFR Part 151 regulations to acquire any fee land from state jurisdiction and place it into federal trust status?
2) Whether the Second Circuit misinterpreted the “fact” discussion in this Court’s majority opinion in City of Sherrill v. Oneida Indian Nation upholding its prior decision that the Oneida state Indian reservation was federal Indian country affecting the authority of the Secretary of the Interior to acquire 14,000 acres of fee land to place into federal trust in the Records of Decision prejudicing these petitioners in applying 5 U.S.C. § 706 in this case.
3) What is left of the Equal Footing Doctrine if the Secretary of the Interior can acquire fee land from the original colony of the State of New York and place it into federal trust for an Indian tribe to exercise jurisdiction over it as federal territorial land?
Lower court materials here.
Posted in Author: Matthew L.M. Fletcher, fee to trust, Research, Supreme Court | Tagged , , , , | Leave a comment

Former Tribal Employee’s False Claims Act Suit to Proceed against Individuals, Sauk-Suiattle Tribe Dismissed

Here are the materials in Dahlstrom v. Sauk-Suiattle Tribe (W.D. Wash.):

13 Motion to Dismiss

15 Motion for TRO

19 Response to 15

20 Reply in Support of 15

22 DCT Order Denying 15

27 Response to 13

28 Reply in Support of 13

39 DCT Order on 13

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

Federal Court Issues Protective Order re: Sacred Sites in Pueblo of Jemez Land Claim against US

Here are the materials in Pueblo of Jemez v. United States (D.N.M.):

105 Pueblo Motion for Protective Order

108 US Response and Cross Motion

110 Pueblo Reply

113 US Reply

114 DCT Order

This case is on remand from the Tenth Circuit, which allowed the Pueblo’s aboriginal title claims to proceed.

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

More DAPL Pleadings (March 15 to Present)


174 ACOE Unopposed Motion to Consolidate Cases

174-1 Proposed Order

175 SRST Motion to Extend Time

176 DAPL Opp to SRST Mtn Ext Time

177 Vance Response to Court’s 3-3-17 Order

[178 sealed]

179 DAPL Status Report-Redacted

180 Stmt of Prop Intervenors as to Adequacy of Representation by Tribes

181 Notice of Lodging Administrative Record

Prior post here. All DAPL documents here.

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

Ninth Circuit Briefs in Jamul Action Committee Appeal

Here are the briefs (so far) in Jamul Action Committee v. [Chaudhuri]:

Jamul Action Committee Opening Brief

Lower court materials here.


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

Ninth Circuit Rejects Challenges to Navajo Generating Station Clean Air FIP

Here is the opinion in Yazzie v. EPA. Here is the opinion in Hopi Tribe v. EPA. The Yazzie opinion is the lead opinion and has more details.

Materials in the Yazzie appeal are here. Materials in the Hopi appeal are here (some of the Yazzie briefs are here, too).

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

Picayune Rancheria Sued by Gaming Management Company for Breach of Contract

Here is the complaint in Osceola Blackwood Ivory Gaming Group v. Picayune Rancheria of Chukchansi Indians (E.D. Cal.):


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