Native American Law Blog

Because they were nice enough to ask.....

......we'll be happy to post this call:

CALL FOR PROPOSALS

 

AMERICAN ASSOCIATION OF LAW SCHOOLS – 2011 Conference, Jan 5-9th

A Joint Program of the Sections on Balance in Legal Education and Academic Support

Co-Sponsored by the Section on Student Services

 

Theme:  “Beyond Humanizing:  Can – and Should – Law Schools Strive to Graduate Happy Students?”

 

Students often enter law school with goals of helping others, improving peoples’ lives, and making the world a better place.  By the time they graduate, however, other considerations have supplanted students’ pro-social inclinations.  Their aspirations succumb to more extrinsic values, such as prestige and money, and are often faced with the realities of time pressure and the dehumanizing effects of legal education.  Despite the prestige associated with being an attorney, the profession is not ranked in the top ten for job satisfaction or happiness.  In fact, one recent study revealed that a majority of practitioners would not recommend law to a young person.

 

Three AALS Sections, Balance in Legal Education, Academic Support, and Student Services will be hosting a program in which we explore the causes of lawyer distress, the role legal education plays in producing unhappy law students and lawyers, and the concrete steps law schools are currently taking or could take to combat those causes.  The Program Committees invite proposals that provide concrete demonstrations of ways doctrinal, clinical, legal writing, and academic support professors and student services professionals are addressing these concerns.

 

The Program Committees will give preference to presentations designed to actively engage the workshop audience, so proposals should contain a detailed explanation of both the substance of the presentation and the interactive methods to be employed.  In addition, we would like to highlight talent across a spectrum of law schools and will look for variety in presentations and presenters.  Based on participant numbers for the last several years, we anticipate over 150 people will be attending the program.  To assist the presenters in the interactive piece, the program committee members and other volunteers will be on hand to act as facilitators with audience members.

 

Proposals must be one page and include the following information:

1.  A title for your presentation.

2.  A brief description of the objectives or outcomes of your presentation.

3.  A brief description of how your presentation will support your stated objectives or outcomes.

4.  The amount of time allocated for your presentation and for the interactive exercise. No single presenter should exceed 45 minutes in total time allowed.  Presentations as short as 15 minutes will be welcomed.

5.  If warranted, a detailed description of how the presentation will be interactive.

6.  Whether you plan to distribute handouts, use PowerPoint, or employ other technology.

7.  Your school affiliation, title, courses taught and contact information (include email address and telephone number).

 

Optional and on a separate page:  A list of the conferences at which you have presented within the last three years, such as AALS, national or regional conferences, or other academic conferences.  (The committees are interested in this information because we wish to select and showcase seasoned, as well as fresh, talent.)  Any articles or books that you have published describing the technique(s) you will be demonstrating.

                                      

Send proposals by March 15, 2010 via email (preferably in a Word Document) to Prof. Emily Randon, University of California, Davis School of Law, at elrandon@ucdavis.edu.  Phone number:  530-752-3434.

 

Questions?:  If you have questions, feel free to contact Emily Randon, Program Chair for the Academic Support Section, Andrew Faltin, Program Chair for the Balance Section, at andrew.faltin@marquette.edu or Catherine Glaze, Student Services Section atcglaze@law.stanford.edu. 

Followup - NY State vs. Tribes over cigarette taxes continues...and continues...

The latest from NY State in their ongoing legal fight with the Seneca:  "A state tax department policy of not enforcing tax collections on Indian cigarette sales was officially rescinded Tuesday by the Paterson administration. But it will still take approval of a new set of regulations before the tax-free sales are halted."

The idea behind the new rules?  To collect taxes on the cigarettes BEFORE they can reach the Indian smoke shops in the state.  

There's more to the story, and you can find it HERE in the Buffalo News.

Followup - more on the override of Dine' President's veto of bar on use of traditional law

Here's a little more on this story in a new AP report, with some comments by some players and observers. 

HERE is the story in the Navajo-Hopi Observer.

 Enjoy.

twp

Dine (Navajo) Fundamental Law turned into legislative ping-pong ball...

The conflict and debate over the use, or non-use, of the Dine Fundamental Law goes on.

As previously reported here and elsewhere, last year's session of the Council saw an effort to outlaw its use altogether.

This year, the tactic was different - The Navajo Nation Council passed legislation that limited the use of the Dine Fundamental Law to ONLY the peacemaking courts in the Nation....those based on the traditional model, rather than the Anglo-American model of a judicial system.

A few days ago, Navajo Nation President Joe Shirley, Jr., vetoed that legislation.

But reported in the Navajo-Hopi Observer today, "The Government Services Committee of the 21st Navajo Nation Council met last Friday during a special meeting and passed legislation to override" that and another of the President's vetoes.

See the full story HERE.

But my bet is "this isn't over."

twp

US Attorney General announces creation of Justice Department Tribal Nations Leadership Council

You can read the story HERE, among other places.  The notion is that there will be a council composed of tribal leaders, who are picked by tribal governments, to advise the Justice Department on an ongoing basis about law and order matters in Indian Country.

My comment - sounds like a lot more talk with no guarantee of any more action.  

twp

JOB: Litigation Attorney

Associate Litigation Attorney - Civil litigation firm seeking an associate litigation attorney with 5 or more years experience who is licensed in New Mexico. A legal services and Indian law background desirable but not mandatory, the salary is competitive with an excellent benefit package. All inquires are confidential. Please email or fax resumes to Georgia Miller at 505-242-2236; email: Georgia.Miller@jaaffiliates.com

*****

JOBS: Pueblo of Laguna

Pueblo of Laguna - Applicants for Following Positions

The Pueblo of Laguna is seeking applicants for
the following positions:

CRIME VICTIM/WITNESS ADVOCATE: To perform a variety
of technical, administrative, and entry level professional
social work duties related to planning,
organizing, coordinating, and monitoring the
victim/witness assistance program. Conducts
interviews to determine appropriate services.
Bachelor’s Degree in Criminal Justice, Sociology,
Social Work or directly related field plus
three years directly related work experience
required. COURT PROSECUTOR: Presents
to the Tribal Court criminal complaints and
prosecutes individuals accused of violating civil
and/or criminal laws or ordinances of the Pueblo.
Prepares pleadings, motions, etc; develops strategy,
arguments, and testimony for presentation
of cases. JD from an accredited law school plus
seven years of experience in criminal law required.
Must be a member of the NM State Bar.
Working knowledge of the Indian Child Welfare
Act and Indian Civil Rights Act preferred.
PUBLIC DEFENDER: To represent indigent
clients in the community in criminal, juvenile,
and selected civil matters. Prepares and files
pleadings, legal motions, briefs, orders, and appellate
documents. Serves as the Administrator
of the Office of the Public Defender. JD from an
accredited law school plus five years work experience
which includes litigation required. Must
be a member of the NM State Bar. Working
knowledge of the Indian Child Welfare Act and
Indian Civil Rights Act preferred. The Pueblo of
Laguna is located approximately 45 miles west of
Albuquerque, NM and is a federally recognized
tribal government. Contact Sue Tapia, HR Generalist,
at 505-552-5785 or at stapia@lagunatribe.
org for detailed information.

Native American Rights Fund issues new Supreme Court Indian Law cases summary

Periodically, the NARF issues a report summarizing the status of Indian Law cases sent to/pending/rejected by the Supreme Court and the US Circuit Courts.  You can find the latest HERE.

twp

A tentative schedule for an upcoming symposium....

Wisconsin Journal of Law, Gender & Society

Symposium

Law, Gender & Citizenship:

Contemporary Issues for American Indians and American Immigrants

 

March 5, 2010

Pyle Center  •  702 Langdon Street  •  University of Wisconsin-Madison

Tentative Schedule; Subject to Change

4 hours CLE applied for; $60 in advance; $75 at the door  •  Online Registration Available Soon

 

8:30-8:45         Welcome

                     Hon. Amanda Rockman (Ho-Chunk)

                     Trial Court of the Ho-Chunk Nation

8:45-9:00         Introduction

                     Dan Lewerenz (Iowa Tribe of Kansas & Nebraska)

                     Symposium Editor, Wisconsin Journal of Law, Gender & Society

9:00-9:50         The Indian Child Welfare Act and Same-Sex Couples: Whose Law Governs When a State Allows Adoption by Same-Sex Couples and a Tribe’s Does Not, and Vice Versa?

                     Steve Sanders

                     Associate, Mayer Brown LLP; 2010 Visiting Professor, University of Michigan Law School

9:50-10:00         Break

10:00-10:50         Federal Reservations: Sexual Violence Against Native American Women and the Denial of Reproductive Healthcare Services

                  Rebecca Hart

                  Legal Fellow, Center for Reproductive Rights

10:50-11:40         Shared Experiences, Divergent Outcomes: American Indian and Undocumented Immigrant Victims of Domestic Violence 

                     Jacqueline Hand and David Koelsch

                     Professor and Assistant Professor, University of Detroit Mercy Law School

11:40-12:30         Lunch

12:30-1:15         Keynote Address

                     Diane Humetewa (Hopi)

                     Of Counsel, Squire Sanders; former U.S. Attorney for the District of Arizona

1:15-2:05         287(g) and Women: The Family Values of Local Enforcement of Federal Immigration Law

                     Ajmel A. Quereshi

                     Skadden Fellow and Director, ACLU of Maryland Immigrants Rights Project

2:05-2:15         Break

2:15-3:05         Gender, Migration and Law: Unexpected Effects on the Most Vulnerable Immigrants

                     Carla L. Reyes

                     Public Interest Fellow, Volunteer Advocates for Immigrant Justice

3:05-3:15         Closing Remarks

                     Kate Frigo

                     Deputy Symposium Editor, Wisconsin Journal of Law, Gender & Society

 

For more information, contact Symposium Editor Dan Lewerenz at WJLGS.Symposium@gmail.com

Yet another suit to stop a casino on the claim that "they're not Indians" in California

Seems like these things go in waves....from the Valley Record Net:

"IONE - The 67-acre site near Ione intended for a 950-slot machine tribal casino isn't legitimate tribal land, the American Indians who once lived there were never a tribe with a common language and history, and federal approval of the site for slot machines and gaming tables was illegal, according to a lawsuit filed this week.

Friends of Amador County, an anti-casino group, filed the suit in the California Eastern District federal court in Sacramento. The suit asks a judge to overturn approvals granted to the Buena Vista Rancheria of Me-Wuk Indians.

Tribal representatives have long said they are Me-Wuks and point out that the federal government has recognized them as a tribe since 1985. The tribe's Web site still gives that account.

The tribe issued a written statement Thursday afternoon, criticizing the Friends of Amador County as a small group opposed to economic growth in the county."

Read the full story HERE.

Another job posting in the field....

The Indian Law Resource Center is now considering applications for an attorney position in the Washington, D.C. office.

The attorney will provide legal assistance to Indian and Alaska Native nations, including Indian peoples in Mexico, Central and South America, in matters relating to indigenous rights, sovereignty and international human rights, environmental protection and the rights of Native women. The attorney will play a role in carrying out all of the legal programs of the Indian Law Resource Center.

Visit our web site for additional information www.indianlaw.org Email:mt@indianlaw.org

Headline - "Anti-casino group says leader of rival tribe not Indian"

From the Capitol Weekly, a California political newspaper:

"A group trying to stop a casino in Rohnert Park says the chairman of the local tribe has no Indian blood — and it wants the Bureau of Indian Affairs to remove him.

That leader, Greg Sarris, the chairman of the Federated Indians of the Graton Rancheria, has shot back with charges of politics and said the group has no legal leg to stand on.

 

The dispute centers on the Graton Rancheria’s efforts to build an urban casino in Rohnert Park on the northern edge of the densely populated Bay Area. But it also touches on how casino politics in California are inextricably tied with racial politics, not only in the present but deep into the state’s past."

See the rest of the story HERE.

twp

Tribal Council seeks to limit application of Dine (Navajo) Fundamental Law

There has been much discussion in scholarly and legal circles with any interest in Indian Law over the use of the Dine Fundamental Law in the courts of the Navajo Nation.  There has also been discussion and controversy over it in the Navajo Nation Tribal Council.  One Councilman wished to ban its use entirely last year, but withdrew the bill....this year he's back with a law that would limit the use of the Dine Fundamental Law to only the tribe's peacemaking courts.

Read the full story HERE in the Navajo Times.

twp

Hopi Government back in order....or is it?

Following months of strife and disunity within the Hopi Tribal government, many hoped that the Tribe was emerging from that period with the election of a new Chairman and Vice Chairman.  It seems, however, that all of the issues are far from resolved.

From the Navajo Times, "Some Hopis and Tewas who voted for newly elected Chairman LeRoy Ned Shingoitewa and Vice Chairman Herman Honanie say the two are not living up to their campaign promises and the disappointed supporters are circulating a petition urging the men to stand up to what they consider a runaway council."

Read the full story HERE.

two

Can the FCC legally give preference to Indian tribes for new radio stations?

That's a question yet to be settled....but new rules the FCC has developed say that the agency can.  Whether or not that will stand up to equal protection scrutiny is a case for the courts.  See the full story HERE.

twp

Another date to save for a conference.....

Not so much connected to Indian LAW...but needs to be passed around, anyway..

DISASTER DECLARED ON THE CHEYENNE RIVER SIOUX INDIAN RESERVATION IN SOUTH DAKOTA.

For Immediate Release:

Cheyenne River Sioux Tribe
Incident Command System
For further information:
Joe Brings Plenty, Tribal Chairman (605) 964-4155
Leo Fischer, Tri-County/Mni Waste Water System (605) 365-6940
Natalie Stites, Public Information Officer, Incident Command System
(715) 896-0158, Natalie.stites@gmail.com

FOR IMMEDIATE RELEASE – January 28, 2010
DISASTER DECLARED ON THE CHEYENNE RIVER SIOUX INDIAN RESERVATION IN SOUTH DAKOTA.

Severe Ice Storms and Freezing Tempratures Have Knocked Down 3,000 Utility Poles – Tribal Residents Have Been Without Electricity, Heat and Running Water
for Six Days.

Eagle Butte, South Dakota – The Chairman of the Cheyenne River Sioux Tribe has declared a State of Emergency in central South Dakota, an Indian reservation
approximately the size of Connecticut with nearly 15,000 Tribal members. The Tribe is still awaiting Presidential disaster declaration.

Days of ice storms and strong winds have downed over 3,000 utility poles across the reservation. Thousands of already impoverished tribal residents have been without electricity or heat for five days, with wind chill factors well below zero. Experts estimate it may be as long as a month before all areas have electricity restored.

“Making matters worse,” said Tribal Chairman Joe Brings Plenty, “the loss of electricity has also knocked out the Reservationʼs aging water system. We have no running water on the entire Reservation, it is also affecting of Reservation communities such as Faith, whose water is supplied from pipes running through the Reservation.”

The Tribe is working hard to bring families in, out of the cold and into shelters. The South Dakota National Guard, The Stateʼs Department of Public Safety as well as the Army Corps of Engineers have come to the reservation and supplied some emergency generators. The Tribe would especially like to thank Wal-Mart for providing emergency food and supplies, and the Navajo Nation for sending up a tribal utility crew to help with the downed electrical lines.

However, much more assistance is still needed. No one facility can host a shelter large enough for all the Tribal residents; additional generators are needed to set up additional shelters. The Tribeʼs one and only grocery store has lost all of its perishables; additional food is needed. Also, dialysis patients have had to be evacuated to Rapid City.

Donations Needed:

MEDICAL NEEDS: Dialysis Patients/Glucose Strips/Financial Support for Hotels

*       The dialysis patients have all been evacuated three hours away to
Rapid City, SD. They are staying in hotels for at least a week and half,
probably longer. The Tribe is looking into reimbursement sources from CMS
and IHS, but in the interim financial contributions are needed to help the
families pay for their hotel expenses and food. An account has been set up
at Wells Fargo to help with these expenses. You can contribute at any Wells
Fargo or send to the Rapid City branch.
http://www.rapidcityjournal.com/news/article_ec833f00-0a38-11df-a62b-001cc4c002e0.html

CONTRIBUTIONS:
Wells Fargo
Cheyenne Dialysis Patients (c/o Dew Bad Warrior)
Acct. #: 5815904338
1615 N 7th St.
Rapid City, SD 55701

*       Medical Items Need on the Reservation itself (shipping address
below):
*       Glucose Strips
*       First Aid Kits
*       Children’s Tylenol
*       Children’s Cough Syrup

NEEDED SUPPLIES:
A big thank you to Wal-Mart for sending some initial food and supplies!!
Additional items are needed, especially for the communities whose
electricity is expected to be down for up to 30 days. Please forward to any
companies that manufacture these items that may be of assistance.

*       CONTRIBUTIONS: Can be made directly to the Tribe’s emergency fund
listed below.
*       IN KIND: Or if you prefer to make in-kind donations:

*       Non-perishable food
*       Cots
*       Heat sources (heaters & fuel)
*       Camp stoves & fuel
*       Light sources:
*       Lithium 1, 2 and 3 batteries for law enforcement
*       Lamps/Batteries/Lamp Oil
*       Toiletries
*       Toilet paper
*       Paper products for the shelters
*       Pampers/formula
*       Hand/baby wipes/Hand sanitizer

FINANCIAL DONATIONS:
The Tribe has depleted its emergency budget with the two blizzards that
already hit the reservation since December. It needs funds to help buy food
and supplies for the community and volunteers, to pay for gas and overtime
for the workers, to replace the motor at the water pump station that was
destroyed, etc. Any financial donations are much appreciated. The Tribe is
also trying to set up on-line donations but that may take some time.

WIRE DONATIONS TO:
Cheyenne River Sioux 2010 Disaster Account
Direct to:               United Bkrs Bloomington ABA # 091 001 322
Beneficiary Bank:        Account Number 250 3373
State Bank of Eagle Butte
Eagle Butte, SD 57625
Final Credit:            Account Holder @ UBB Customers Bank
Account Holder:  CRST 2010 Disaster, Account Number 103173

MAIL CHECK DONATIONS TO:
TO: Cheyenne River Sioux Tribe/2010 Disaster Account
Cheyenne River Sioux Tribal Chairman’s Office
Attn: Ice Storm Emergency Fund
PO Box 590
2001 Main Street (Tribal Offices)
Eagle Butte, SD 57625

SHIP SUPPLIES TO:
Cheyenne River Sioux Tribal Chairman’s Office
Attn: Ice Storm Emergency Supplies
PO Box 590
2001 Main Street (Tribal Offices)
Eagle Butte, SD 57625

CHEYNNNE RIVER SIOUX CONTACTS:
Robin Le Beau, Chairman’s Assistant c (610) 568-2101
Joe Brings Plenty, Tribal Chairman c (605) 365-6548
CRST Emergency Coordination Center (605) 964-7711 (7712)

Save the date......

Navajo Nation Bar Association, Inc.

Annual Conference

June 10-11, 2010


Isleta Casino & Resort

Albuquerque, NM