Eighth Circuit Briefs in Flandreau Santee Sioux Tribe v. Sattgast

Here:

Appellant Brief

Appellee Brief

Reply

Lower court materials here.

 

Posted in Research

Tenth Circuit Briefs in Caddo Nation of Oklahoma v. Wichita and Affiliated Tribes II

Here:

Appellant Brief

Response Brief

Reply

Case tag here.

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

Eleventh Circuit Rejects Seminole Tax Claims on Claim Preclusion Grounds

Here is the unpublished opinion:

Opinion

Here is an excerpt:

The question in this appeal is whether the doctrine of claim preclusion bars the Seminole Tribe of Florida (the “Tribe”) from again challenging the imposition of a Florida state tax on utility services, which the Tribe uses to conduct on reservation activities that are regulated by federal law. Concluding that the requirements of claim preclusion have been met and that no exception to the doctrine applies, we affirm the district court’s dismissal with prejudice of the Tribe’s complaint.

Briefs here.

Posted in Author: Matthew L.M. Fletcher, Research, taxation | Tagged , ,

Federal Court Confirms Conviction of Several for Witness Retaliation in Hunkpati Investments Fraud

Here are the materials in United States v. Columbe (D.S.D.):

2 Redacted Indictment

234 DCT Order

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

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

Interior Board of Indian Appeals

Attorney-Adviser, Arlington, VA.  The Interior Board of Indian Appeals (IBIA), Office of Hearings and Appeals, U.S. Department of the Interior, is currently soliciting applications from highly qualified individuals to serve as IBIA’s staff attorney.  For more information please see the attached job description or visit: https://www.usajobs.gov/GetJob/ViewDetails/517311600.  Application closes December 19, 2018.

Match-e-be-nash-she-wish Band of Pottawatomi Indians

Tribal Prosecutor, Shelbyville, MI. This position will prosecute violations of Tribal law, consistent with principles of Tribal Sovereignty. The Prosecutor will represent the Tribe in all hearings related to his/her specific job duties before the Gun Lake Tribal Court, will present information in a manner consistent with ethical standards of justice and will perform his/her job duties in accordance with the laws of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians. Application closes December 13, 2018.

Alaska Legal Services Corp.

Native Law Staff Attorney, Fairbanks, Alaska. This position provides direct representation to Tanana Chiefs Conference member Tribes and tribal members. The attorney will primarily represent tribal clients in proceedings related to the Indian Child Welfare Act (“ICWA”), but will litigate other Native law and civil matters on behalf of TCC Tribes and tribal members in state court, and may provide advice to Tribal clients on issues under tribal law. Position to start in January 2019, and is open until filled. See attached job description, or visit https://www.alsc-law.org/job-opportunities/ for more information. Resume, writing sample, and references should be sent to ppickett@alsc-law.org.

Nevada Legal Services

Indian Law Program Staff Attorney, Elko, NV.  Nevada Legal Services is a statewide non-profit that provides free legal assistance to low income Nevadans. The Indian Law Program is based out of our Reno office and serves the 27 Native American tribes and colonies within the State of Nevada. The Program provides a wide range of services to both tribal members and tribal governments based upon the needs expressed by each community. In that capacity, the Program acts as public defender in a number of tribal jurisdictions and also serves as counsel to the Inter-Tribal Council of Nevada. Frequent travel throughout Nevada, including overnight stays, is required.

This is a full-time position. Benefits include paid sick and vacation time; paid medical, dental, vision and life insurance.

Requirements:Applicants should be licensed to practice in Nevada or in another state and eligible for admission pursuant to Supreme Court Rule 72.1.  Experience with criminal defense highly preferred as well as knowledge of federal Indian law or tribal law.

If interested in the position, please send a resume and letter of interest to our HR administrator, Roberta O’Hara, rohara@nlslaw.net.

Michigan Indian Legal Services

Summer Legal Interns/Externs, Traverse City, MI and Southwest MI. Michigan Indian Legal Services (MILS), a statewide provider of free legal services to low income Indians and Indian tribes, seeks three summer legal interns/externs. One position will be based out of tribal offices in Southwestern Michigan and assist an attorney providing on-site services to tribal members. One intern in the Traverse City office will focus on two tribal domestic violence/human trafficking projects. One intern in the Traverse City office will provide direct assistance to clients under the supervision of two attorneys. For more information please see the position description.

Staff Attorney, Traverse City, MI. This position will focus on tribal and state law legal issues; with an emphasis on tribal court child welfare and criminal defense matters. This position will require overnight travel in the Upper Peninsula. The ideal applicants will be licensed to practice law in Michigan or eligible to be admitted by waiver and have three plus years relevant litigation experience. Please see the description for more information.

Staff Attorney, Southwest MI. The ideal applicant will be licensed to practice law in Michigan or eligible to be admitted by waiver and have three to five years relevant experience. Applicants must possess both written and oral advocacy skills as well as a demonstrated commitment to protecting the rights of American Indians. MILS will accept applications from candidates with all levels of experience. Please see the job description for more information.

Poarch Band of Creek Indians

(2) Assistant Attorney Generals, Atmore, AL. Responsible for assisting the Attorney General and Assistant Attorney Generals in providing legal services and representation to the Tribe, its Tribal Chair, its Tribal Council, Tribal Government, Tribal Authorities, all Tribal departments and entities, and all Tribal boards, commissions, and committees. For more information please see the jobs’ description. Application closes December 18, 2018 at 5pm.

AmeriCorps

Attorney Members, locations include: Alaska (5 positions in various locations throughout the state), Oklahoma (3 positions), Arizona (1 position in Phoenix) and Nebraska (1 position in Omaha). Work with local legal aid agency and partnering hospital or health clinic serving tribes to offer civil legal trainings to health providers, and provide comprehensive legal assistance for low-income patients. Areas of legal advocacy include public benefits, housing, special education, domestic violence, elder law, family law, and consumer law. For more information please see the position description.

Nottawaseppi Huron Band of the Potawatomi

Chief Legal Officer, Fulton, MI. Works under the primary supervision and direction of the Tribal Council.  Provides legal services to the operational direction of the Tribal government’s Chief Executive Officer consistent with the laws, budgets and policy directives enacted by the Tribal Council.  The position entails performing a broad range of legal work for all departments and divisions of the Tribal government, as well as, appearing in Courts of the Nottawaseppi Huron Band of the Potawatomi, Michigan State Courts and federal courts on behalf of the Tribe as authorized and directed. Please visit the link for more information. Application closes January 2, 2019 at 5:00pm.

Tohono O’odham Nation

Attorney General, Sells, AZ. The attorney general provides legal advice and representation to all officials, agencies, departments, divisions and branches of the Tohono O’odham Nation, a federally recognized Indian tribe with 2.8 million acres of reservation land in Southern Arizona. The attorney general represents the Nation in all legal proceedings, and in other matters that affect the legal interests of the Nation; advises senior management and tribal officials; and supervises assistant attorneys general and contract attorneys. Application closes February 1, 2019.

Federal Bureau of Investigation (FBI)

Attorney, Clarksburg, WV. The FBI’s Office of the General Counsel (OGC) is looking for experienced and highly qualified attorneys to join its exciting and challenging legal practice.  OGC provides legal advice to the entire FBI, including the Director, FBI headquarters officials and agents in the 56 domestic field offices, on a wide range of substantive issues. For more information please visit the link.

Judicial Branch of the Navajo Nation

Associate Attorney, Supreme Court of the Navajo Nation, Window Rock, AZ. This position provides a variety of legal advice, research and related legal services in support of the overall operation of the Navajo Nation Judicial Branch; assists with judicial administrative functions, such as researching and recommending policy changes and improvements for overall Judicial Branch. For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.

Court Solicitor, Supreme Court of the Navajo Nation, Window Rock, AZ.  This position provides a variety of legal advice, counseling, research and related legal services in support of the overall operation of the Navajo Nation Judicial Branch; assists with judicial administrative functions, such as recommending policy changes and improvements for overall Judicial Branch; shall supervise and oversee all licensed attorneys, law clerk, hearing officers, supreme court clerk, and law clerk interns of the Judicial Branch.  For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.

District Court Judge, Judicial District Court, Navajo Nation Wide. The District Court Judge is responsible in presiding over civil, criminal and family court cases; provides policy direction and guidance in the operation of the Judicial District.  For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.

Associate Justice, Supreme Court of the Navajo Nation, Window Rock, AZ. This position shall perform work of unusual difficulty, hear arguments, read briefs and conduct research necessary to pass judgment and issue rulings on cases brought before the Navajo Nation Supreme Court.  For more information, please see the position description or to apply, visit http://www.navajocourts.org. This position is open until filled.

 

See posts from November 30, 2018.

Posted in jobs, Research | Tagged , , , , , ,

Scholarship opportunity

The Douglas R. Nash Native American Law Scholarship

Native Americans represent one of the smallest bars in the nation. Seattle University School of Law is committed to increasing the number of American Indians and Alaska Natives who attend law school and go on to practice law.

The Douglas R. Nash Native American Law Scholarship is a full-tuition scholarship awarded to an admitted student who is an enrolled member of a state or federally recognized tribe or a lineal descendant of an enrolled parent or grandparent. The recipient will demonstrate a commitment to Native American or Native Alaskan issues, academic achievement, and potential for success in law school.

The deadline is February 1st. To be considered for the Nash Scholarship, candidates must submit the entire JD application through LSAC by February 1st. In addition, applicants must submit an additional, two-page statement discussing their commitment to and involvement in Native American or Native Alaskan issues. Applicants are also strongly encouraged to provide a letter of support from a tribal elder. The elder need not be from the same tribe as the applicant. The additional statement and tribal elder letter must be submitted directly to the Office of Admission by regular U.S. Mail or via email to: lawadmis@seattleu.edu no later than February 1st.

Contact the Office of Admission with questions at 206-398-4200 or lawadmis@seattleu.edu.

Posted in Research

Ninth Circuit Briefs in Rabang v. Kelly II

Here:

6. Opening Brief of Plaintiffs-Appellants

11. Appellee Chief Judge Ray Dodge’s Answering Brief

13. Answering Brief of Kelly Defendants-Appellants

21. Reply

Case tag here.

Posted in Author: Matthew L.M. Fletcher, Research, tribal election | Tagged , ,

Jessica Shoemaker on Reclaiming Modern Indigenous Land Tenures

Jessica Shoemaker has posted “Transforming Property: Reclaiming Modern Indigenous Land Tenures,” forthcoming in the California Law Review.

Here is the abstract:

This Article challenges existing narratives about the future of American Indian land tenure. The current highly-federalized system for reservation property is deeply problematic. In particular, the trust status of many reservation lands is expensive, bureaucratic, controlling, and linked to persistent poverty in many reservation communities. Yet, for complex reasons, trust property has proven largely immune from fundamental reform. Today, there seem to be two primary options floated for the future: a “do the best with what we have” approach that largely accepts core problems with trust, perhaps with some minor efficiency-oriented tinkering, for the sake of the benefits and security it does provide, or a return to old, already-failed reform strategies focused on simply “liberating” American Indian people with a forced transition to state-based fee-simple property. Both strategies respond, sometimes implicitly, to deep impulses about how property should work, especially in a market economy, but both also neglect sufficient respect for the true potential of more autonomous indigenous property regimes.

This Article engages property theory and related work on property system change to make the case for more radical institutional land reform as a realistic alternative choice, even in the complex and multi-layered environment of existing reservations. Property systems are full of dynamic, pluralistic potential, and property powerfully shapes the contours of both human communities and physical landscapes. This Article unearths this existing potential and charts a series of alternative steps, driven primarily by respect for tribal governments’ own actions and choices, to reclaim new, modern versions of indigenous land tenures within reservation spaces.

Posted in Author: Matthew L.M. Fletcher, Research, Scholarship | Tagged

NAICJA Webinar Opportunity

NAICJA is offering a double header of webinars.

Incorporating Cultural Practices Into Your Tribal Court
December 11th at 1:30pm PT | 2:30pm MT | 3:30pm CT | 4:30pm ET (1.5 hours)

Building Tribal Court Capacity
December 19th at 10:30am PT | 11:30am MT | 12:30pm CT | 1:30pm ET (1.5 hours)

Posted in Research

Empowering Arctic Indigenous Scholars and Making Connections

Call for Applications and Nominations
Empowering Arctic Indigenous Scholars and Making Connections

Arctic Research Consortium of the U.S.
Inuit Circumpolar Council Alaska

Nomination deadline: 28 December 2018, 5:00 p.m. Alaska Standard Time
Application deadline: 10 January 2019, 5:00 p.m. Alaska Standard Time

For more information, go to:
Empowering Arctic Indigenous Scholars homepage

For questions, contact:
Lisa Sheffield Guy
Email: lisa@arcus.org
Phone: 907-474-1600

Posted in Research | Tagged , , ,