D.C Circuit Affirms Interior Trust Acquisition for Cowlitz

Here is the opinion in Confederated Tribes of the Grand Ronde Community of Oregon v. Jewell:

Confederated Tribes of Grand Ronde Community v. Jewell DC Cir 7-19-16

Briefs here.

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

NNABA Employment Opportunities

Each opportunity below will be posted on the NNABA website at nativeamericanbar.org

Indian Law/Tribal Law Opportunities:

  1. Ethics & Rules Committee (PDF), Three Affiliated Tribes, Mandan, ND (Open until filled)
  2. Associate Judge (PDF), Winnebago Tribe of Nebraska, Winnebago NE (Open until filled)
  3. Legislative Director, Native American Contractors, Washington, DC (Open until filled)

Federal Opportunities:

  1. Policy Analyst, Office of the Secretary of the Interior, Washington, DC

Additional attorney vacancy announcements can be found at:

Other Opportunities:

  1. Staff attorney, National Center for Law and Economic Justice, New York, NY (Open until filled)
Posted in Author: Sarah Donnelly, jobs | Tagged , | Leave a comment

Justice Ginsburg Corrected Minor Error in Bryant Decision

Here is the NYTs article discussing post-decision amendments and corrections in Supreme Court opinions more generally.

An excerpt:

On the last day of June, for instance, a deputy solicitor general Michael R. Dreeben, wrote a letter to the court saying there had been a mistake in a decision issued a few weeks before. He asked the court to fix the error, and, a week later, it did.

Writing for the majority in a case about domestic assault on Indian reservations, Justice Ruth Bader Ginsburg had said a federal law applied to some serious crimes “when both perpetrator and victim are Indians.” But what the law itself actually said, quite clearly, was that it applied to all victims, Indians or not.

When Mr. Dreeben’s letter arrived, the court promptly sent it to reporters. When the court amended the decision to adopt the revised language Mr. Dreeben had suggested, its website noted the change.

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

Attorney-Adviser Vacancy with DOI in Boise

Link to USAJobs announcement here.

Main client would be Bureau of Reclamation (so water law), with some Indian law work.  Closes Friday, August 8, 2016.

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

Seminole Tribes Prevails in Sovereign Immunity Dispute with Slip and Fall Plaintiffs

Here is the opinion in Seminole Tribe of Florida v. Schinnler (Fla. Ct. App.).

An excerpt:

Here, the tribe established that no resolution, ordinance or compact including a waiver of immunity was enforceable in 2009 when the plaintiff’s claim arose. The resolution (No. C–195–06) passed by the Tribal Council authorized the tribe to enter into the 2007 compact. While the 2007 compact provided a limited waiver of immunity, our supreme court held the compact invalid. Crist, 999 So.2d at 616. The tribe also provided an affidavit attesting that no waiver of sovereign immunity was in effect when the claim arose. The plaintiff did not rebut this affidavit, nor could she have done so.
There is no factual dispute. The trial court departed from the essential requirements of law when it denied the tribe’s motion to dismiss. This harm is irreparable if immunity is not given its intended effect.
Posted in Author: Matthew L.M. Fletcher, IGRA, Research, sovereign immunity | Tagged , , | Leave a comment

Interior Loses Mashpee Wampanoag Trust Acquisition Challenge

Here are the materials in Littlefield v. Dept. of Interior (D. Mass.):

56 Interior Motion for Summary J

59 Plaintiffs Motion for Summary J

69 City of Taunton Amicus Brief

81 DOI Supplemental Brief

82 Plaintiffs Supplemental Brief

83 USET Amicus Brief

86 Plaintiffs Response to 83

87 DCT Order

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

Updated Supreme Court Stats

Back by request, here’s the updated report card that ILPC Fellow Peter Vicaire started in 2011.

Link to Vicaire’s post here.

Posted in Author: Peter Vicaire, Author: Sarah Donnelly, Research, Supreme Court | Tagged | Leave a comment

Chief David Bald Eagle Walks On

He danced with Marilyn Monroe. He drove race cars. He parachuted into enemy gunfire at Normandy. He played professional baseball. He was a leader not just of his tribe, but of the United Native Nations. He was an advocate for Native people.


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Sho Ban Tribe – Water Summit (August 11, 2016)

Here is the brochure: TribalWaterWorkshop_ver2

Website here.


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

Menominee Tribe Legal Services Dept Assistant Tribal Attorney Opening

The Menominee Indian Tribe of Wisconsin is a federally recognized tribe located in Keshena, Wisconsin.

The Menominee Indian Tribe of Wisconsin Legal Services Department currently seeks an Assistant Tribal Attorney-CS, SS. The ideal candidate will be a dynamic and energetic attorney capable to perform work in child support and child welfare and other projects as assigned. The Assistant Tribal Attorney-CS, SS will work as part of a team to protect and preserve the best interests of Menominee children and families. The position is located in Keshena, Wisconsin. The successful candidate may be eligible for federal Public Service Loan Forgiveness (PLSF) Program.

The position of ASSISTANT TRIBAL ATTORNEY-CS, SS in LEGAL SERVICES with the Menominee Indian Tribe of Wisconsin has been posted beginning 7/28/2016 12:00:00 AM with a Close Date of 8/3/2016 11:59:00 PM.

For more information, this posting can be viewed at http://www.menominee-nsn.gov/Employment/Jobs.aspx

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