Google’s free service opens up US legal search market

November 19, 2009

OUT-LAW News, 18/11/2009

Google has entered the market for legal information with a free service that allows users to search a database of US laws and court rulings. The move could endanger long-established legal publishers such as Westlaw and LexisNexis.

The Google Scholar service has been extended so that users can choose to search ‘legal opinions and journals’ for information that they need.

Though court rulings and laws in the US are not protected by copyright they are usually only available for comprehensive searching in paid-for services to which universities and law firms subscribe.

Google Distinguished Engineer Anurag Acharya said in a blog post that the company hopes that its entry into this search market with a free product will help US citizens to understand and engage with their legal rights.

“As many of us recall from our civics lessons in school, the United States is a common law country,” said the blog. “That means when judges issue opinions in legal cases, they often establish precedents that will guide the rulings of other judges in similar cases and jurisdictions. Over time, these legal opinions build, refine and clarify the laws that govern our land.

“For average citizens, however, it can be difficult to find or even read these landmark opinions. We think that’s a problem: laws that you don’t know about, you can’t follow – or make effective arguments to change. Starting today, we’re enabling people everywhere to find and read full text legal opinions from U.S. federal and state district, appellate and supreme courts,” said Acharya.

Acharya said that the research tool was designe to help people who were not familiar with the structure of legal information to access it in an understandable way.

“We think this addition to Google Scholar will empower the average citizen by helping everyone learn more about the laws that govern us all,” he said. “To understand how an opinion has influenced other decisions, you can explore citing and related cases using the Cited by and Related articles links on search result pages. As you read an opinion, you can follow citations to the opinions to which it refers. You can also see how individual cases have been quoted or discussed in other opinions and in articles from law journals.”

Acharya acknowledged the work of other people who have worked to make legal information and research available to people on a cheap or free basis. Amongst those named is Joe Uri of BAILII, the British And Irish Legal Information Institute. It publishes UK and Ireland court rulings for free.

Ury told OUT-LAW Radio last year that BAILII was working not just on publishing current judgments but the most important historical ones, too, on which UK law was now based.

“We felt that if any judgments should be freed so that the public can have access to them it should be this core of judgments, which basically make up the judgment side of the common law system,” he said. “It seems natural that a member of the public should be able to find out what that reasoning is, it shouldn’t be cloaked in secrecy.”

Acharya said that ordinary users should not be intimidated by the rulings and opinions Google Scholar is now set up to search. He said that they are more accessible than the average layman might imagine.

“As we worked to build this feature, we were struck by how readable and accessible these opinions are. Court opinions don’t just describe a decision but also present the reasons that support the decision. In doing so, they explain the intricacies of law in the context of real-life situations,” he said.

See Google Scholar Blog


Job Opening for Tribal Court Judge

November 5, 2009

Human Resources Department
Pueblo of Tesuque
ROUTE 42 BOX 360-T
SANTA FE, NEW MEXICO 87506

JOB ANNOUNCEMENT POSITION: Tribal Judge
DEPARTMENT: Tribal Court
POSITION STATUS: Full Time/Exempt

Summary Description:

Work under the general supervision of the Governor and Tribal Council. Tribal Judge is responsible for the overall administration and operation of the Tribal Court system including but not limited to: Civil, Criminal, Traffic and Juvenile Cases/Reviews; Trials, Civil hearings; Arraignments, Joint and Separate Trials, Dismissal, Other Preliminary Matters; Maintenance of an ongoing referral system for offenders including completion or default of court ordered treatment. Ensure financial accountability regarding collection of all court fines/fees and the Tribal Court budget. Supervise court staff.

Minimum Qualifications:

  • Juris Doctor (JD) received from an (ABA) accredited law school or equivalent of ten (10) years experience in the field of court systems.
  • Considerable knowledge of Federal Indian Law with emphasis on issues of tribal sovereignty and tribal government.
  • Familiarity with monitoring PL638 contracts, and applying for and monitoring state and federal grants.
  • Must clear pre-employment background check and drug screen.
  • Qualified Native American Preference.

APPLICATION DEADLINE:

November 30, 2009, 5:00 P.M.

CONTACT: Pueblo of Tesuque Human Resources
PHONE: (505) 955-7717 FAX: (505) 982-2331
EMAIL: shena@pueblooftesuque.org


San Manuel celebrates opening of Tribal Court

November 4, 2009

Thursday, October 29, 2009 7:34 PM CDT

The San Manuel Band of Serrano Mission Indians commemorated the opening of the new San Manuel Tribal Court Friday, Oct. 23. The grand opening event marked an important milestone in the tribe’s exercise of its sovereign authorities as a government and was attended by 100 guests from regional tribal and state courts, law enforcement, and public office. “This is a historic day for the Tribe as we constitute the first formal court system on the reservation,” said Chairman James Ramos. “Today we affirm our commitment to invest in the capacity of our government to serve its people.” The court is comprised of a Trial Court and an Appellate Court, and the event included the first pubic swearing-in ceremony of the Chief Judge and the swearing-in of three Appellate Judges and a Judge Pro Tem.

San Manuel’s trial court will include Chief Judge Joanne Willis Newton and Judge Pro Tem Anthony Lee. Judge Willis Newton is a member of the Cree Nation of Chisasibi, located in northern Quebec, Canada. She worked for several years in the field of Aboriginal law in Canada before starting to practice Indian law in California more than 10 years ago. Judge Lee is a member of the St. Regis Mohawk Tribe of New York and is the tribal attorney for the White Mountain Apache tribe of Arizona. He also sits as an appellate judge for the Southwest Intertribal Court of Appeals. San Manuel’s appellate court judges are: Michael Taylor, Jonodev Chauduri, Deborah DuBray and Job Serebrov.

All of the Tribal Court’s judges have significant experience in the fields of federal Indian law and tribal law and are licensed to practice in various jurisdictions across the country and Canada. “It is a great honor to be a part of this event and the Tribe’s development as a government,” said Chief Judge Willis Newton. “I look forward to the opportunity to serve the San Manuel community and to working with such an accomplished team of colleagues.” The Court provides an important dispute resolution forum for tribal citizens and other persons who come within the tribe’s jurisdiction. The court exercises general civil jurisdiction over tribal citizens and persons who have consented to tribal jurisdiction, either expressly or implicitly by entering the San Manuel Reservation or engaging in contractual relations with the tribe.

Chairman Ramos said before getting its own court, members of the band dealt out tribal justice and enforced San Manuel ordinances. Members of the tribe are also under jurisdiction of federal and California state laws when it comes to criminal violations, and Ramos said two members were fined heavily and banned from the reservation for criminal activity. That’s the most serious penalty the tribe can impose.


Landmark California Native American Adoption Bill Becomes Law

October 23, 2009

(October 13, 2009) – After two years of efforts at the State Capitol, Assemblyman Paul Cook (R-Yucca Valley) was proud to announce the passage of his Assembly Bill 1325, which will create an alternative “Customary Adoption” process for Native American children. AB 1325 provides an alternative to the conventional method of adoption by adding the option of Customary Adoption. Customary Adoption is defined as “a traditional tribal practice recognized by the community which gives a child a permanent parent-child relationship with someone other than the child’s birth parent.” AB 1325 was initiated and sponsored by the Soboba Band of Luiseno Indians, located in Riverside County, and gained the support of over 50 California Tribes. Assembly member Jim Beall, Jr. (D-San Jose) was a joint author on the measure as well.

Also signed into law was AB 770, the Indian Tribes Foster Care and Adoptions Program, which makes it the policy of the state of California to maximize the opportunities for Indian tribes to operate foster care programs for Indian children pursuant to the federal Fostering Connections to Success and Increasing Adoptions Act of 2008, and requires the Department of Social Services to modify the state foster care plan to that end.


Senate panel passes bills to recognize 7 tribes

October 23, 2009
 WASHINGTON — Seven Indian tribes in North Carolina and Virginia would gain federal recognition and become eligible for federal aid under legislation approved Thursday by a Senate committee.

The Lumbee Tribe of North Carolina and six Virginia tribes would be eligible for up to $800 million in federal funds under two bills passed by the Senate Indian Affairs Committee. The bills, which bar the tribes from building casinos, have already passed the House.

Lawmakers said Congress does not have the expertise to determine federal recognition of tribes, but noted that they have faced lengthy delays in accessing federal funding for housing, education and health benefits.

In some cases, it has taken 20 or 30 years for their federal recognition to be processed through the Interior Department and that needs to be fixed, said Sen. Byron Dorgan, D-N.D., the committee’s chairman.

“The administrative process is broken,” he said.

President Barack Obama has pledged support for the Lumbee Tribe, which has sought federal recognition for more than a century. The administration has not said whether it will support recognition of the Virginia tribes.

Regarding the Virginia tribes, Interior Department spokeswoman Kendra Barkoff said “in most circumstances we prefer the uniformity and certainty provided by the existing administrative process.”

The six Virginia tribes, which have around 3,000 members, have been seeking recognition since the 1990s. They are the Eastern Chickahominy, Chickahominy, Upper Mattaponi, Rappahannock, Monacan and Nansemond tribes.

Virginia Gov. Tim Kaine told lawmakers earlier this year that the identities of tribal members were stripped away by Virginia’s Racial Integrity Act, a state law in effect from 1924 to 1967. Racial identifications of those without white ancestry were changed to “colored” on birth certificates during that period.

There are an estimated 55,000 Lumbee Indians in North Carolina’s Robeson, Cumberland, Hoke and Scotland counties. Congress has been considering federal recognition for the tribe since before the first bill was introduced in 1899.


Open Solicitations for Office of Justice Programs

March 20, 2009

BJA Announces Two Competitive Grants Under the Recovery Act

March 19, 2009

BJA is pleased to announce the release of two competitive grant announcements under the American Recovery and Reinvestment Act of 2009 (Recovery Act)

Recovery Act State and Local Law Enforcement Assistance Program: Combating Criminal Narcotics Activity Stemming from the Southern Border of the United States
Applications due: April 17, 2009 

Recovery Act Correctional Facilities on Tribal Lands Program
Applications due: May 4, 2009

For more information on the Recovery Act, please read the Office of Justice Programs’ Fact Sheet or go to http://www.ojp.usdoj.gov/BJA/recoveryact.html


OVW Recovery Act Grants to Indian Tribal Governments Program Solicitation

March 18, 2009

 **New OVW Recovery Act Solicitations Released**

OVW Recovery Act Grants to Indian Tribal Governments Program Solicitation

The Grants to Indian Tribal Governments Program (Tribal Governments Program) was created in Title IX of the Violence Against Women Act of 2005. The Tribal Governments Program is designed to fulfill the three goals of Title IX: (1) to decrease the number of violent crimes committed against Indian women; (2) to help Indian tribes use their independent authority to respond to crimes of violence against Indian women; and (3) to make sure that people who commit violent crimes against Indian women are held responsible for their actions

Eligible applicants include federally recognized Indian Tribes, their authorized designee, or a consortium consisting of two or more federally recognized Tribes 

Letters of intent to apply should be submitted by March 23, 2009.  All applicants should register online with the Grants Management System by March 26, 2009. All applications are due by 8:00 p.m. e.t. on April 9, 2009.

FAQs: OVW Recovery Act Grants to Indian Tribal Governments Program

OVW Recovery Act Tribal Domestic Violence and Sexual Assault Coalitions Program Solicitation

The Recovery Act Tribal Domestic Violence and Sexual Assault Coalitions Program (Recovery Act Tribal Coalitions Program) provides much needed resources for organizing and supporting efforts to end violence against Indian women. These coalitions can help meet the goals of the Recovery Act through the technical assistance they provide to member programs.

All applicants should register online with GMS by March 25, 2009.   All applications are due by 8:00 p.m. e.t. on April 8, 2009.

Eligible applicants are established nonprofit, nongovernmental tribal coalitions addressing domestic violence and/or sexual assault against American Indian and Alaska Native women.

**Additional Information**

Applications for OVW Recovery Act programs, including supporting documentation, must be submitted through OJP’s online Grants Management System (GMS). To access the system, go to https://grants.ojp.usdoj.gov.

Please visit OVW’s Recovery Act website for additional requirements: www.ovw.usdoj.gov/recovery-applicants.htm.


Native Americans are dying at higher rates than a decade ago

March 12, 2009

By VANESSA HO

Seattle Post-Intelligencer

Thursday, March 12, 2009

SEATTLE — On the Okanogan plains in northeast Washington, the Colville tribes recently buried a man who died after facing a bleak decision: spend his money on trips into town for dialysis, or buy food for his family.

It was a variant of a fate that has doomed many people on the stark, remote reservation, causing the timber-dependent tribes to increasingly spend their money on burials.

“It’s a choice between feeding your family and living,” said Andy Joseph Jr., a Colville Confederated Tribes council member. “Our people can’t afford to pay for their funeral services.”

From isolated reservations across the state to urban pockets around Seattle, Native Americans are dying at higher rates than a decade ago, at a time when most people in Washington are living longer, healthier lives.

A recent state Department of Health report showed that the march against cancer, heart disease and infant mortality has largely bypassed Native Americans. In 2006, the latest year studied, Native American men were dying at the highest rate of all people, with little change since the early ’90s. Their life expectancy was 71, the lowest age of all men, and six years lower than that of white men.

The news was just as grim for Native American women. Their death rate had surged by 20 percent in a 15-year period, while the overall death rate had decreased by 17 percent.

But the starkest health disparity was among babies. Native American babies were dying at a rate 44 percent higher than a decade ago, while the overall rate of infant deaths had declined.

“People are suffering,” said Marsha Crane, health director of the Shoalwater Bay Tribe in Western Washington. “It’s ‘here’s the bad news, here’s your diagnosis. But here’s the worse news: We can’t afford to pay for your drugs, or your surgery.’ That’s happening every day with tribes across the country.”

The trends are a reversal of the progress made in the past century, when the Indian Health Service, a federal agency, made great strides in sanitation, disease-control and vaccinations. Deaths nationwide largely fell from the 1950s to the ’80s.

“It’s astounding what the agency did, in terms of life expectancy,” said Joe Finkbonner, executive director of the three-state Northwest Portland Area Indian Health Board. “But what I’m starting to see, in some of the data, is that that progress has either stagnated or is starting to reverse itself.”

Health experts say the downward drift, which reflects national trends, stems from entrenched health disparities exacerbated by years of inadequate funding.

Treaty obligations and acts of Congress require the United States to provide health care for Native Americans, but experts say funding chronically falls short of medical inflation.

In 2004, a Civil Rights Commission report found the government spent more on health care per capita for federal prisoners and Medicaid patients than for Native Americans.

Experts say a common myth about tribes is that they’re rolling in casino revenue, but the Civil Rights Commission report found that only half of all tribes have casinos, and many casinos barely break even.

“American Indians are an unheard-of political group,” said James Roberts, a policy analyst for the Northwest board. “We don’t have the political clout.”

‘DON’T GET SICK’

Many of Washington’s 29 tribes don’t have money for disease screenings, specialty care, mental-health services, substance-abuse treatment or dentists. Many triage their funds by invoking a “life or limb” standard, paying for specialty care only in dire emergencies. “If the leg don’t have to come off, and if their eye don’t have to come out, they won’t get referred out,” said Joseph, the Colville council member.

Tribes are also running out of medical dollars sooner in their annual funding cycles, which begins every October.

“A lot of tribes used to say, ‘Don’t get sick after June,’” said Danette Ives, health director of the Port Gamble S’Kallam Tribe. “Now it’s like, ‘Don’t get sick after January.’”

Ives’ tiny tribe has managed to stretch its funds by helping members enroll in Medicaid, Medicare or Basic Health plans, and by not paying for glasses or hearing aids. But the tribe, whose members rely on seasonal clam and oyster harvests for work, still struggles with high obesity and diabetes rates. Experts say the tradition of eating high-fat, low-fiber, government-assistance food has rippled through generations, and that fruits and vegetables are out of reach for many people on food stamps.

“People are struggling with so many difficulties in their lives,” Ives said. “It’s hard to make time to exercise, to get to that mammogram.”

A statewide shortage of rural doctors is another barrier to health care, compounded by high gas prices and poorly maintained reservation roads.

Two years ago, Michael Buckingham, a Makah Indian, lost two fingers in a fishing accident in the waters off his reservation, in the isolated coastal town of Neah Bay.

Buckingham needed physical therapy for a third finger that was severely injured, but couldn’t afford the 70-mile trips to the closest therapy clinic in Port Angeles.

“If I can’t get it fixed, I’m just ready to have it cut off, because it’s too painful,” Buckingham said. A fisherman since 15, he has struggled to pay his electricity bills in the past, and worries how he’ll provide for his four children.

Elizabeth Buckingham, Michael’s mother and the tribe’s health director, said the lack of federal funds has caused people to live with chronic pain, pregnant women to forgo prenatal care, and many people to suffer from untreated depression. And that’s in a place already distraught from drug overdoses and an unemployment rate of 50 percent.

“I’m looking at the people I’m serving here,” Buckingham said. “They’re staying in their houses with the lights turned off, and they’re literally hungry.”

HOPEFUL SIGNS

For the state’s 110,000 Native Americans—less than 2 percent of the population—health inequities began generations ago, when white settlers spread diseases to Native Americans, and took away their homes, language and culture.

“There’s the regular health care factors, but also historical and social factors that have to be looked at, too,” said Ralph Forquera, executive director of the Seattle Indian Health Board. Many of his patients are unemployed and uninsured, and move around a lot.

But many are also like LoAnn Rochna, a 56-year-old Alaskan Native, who can trace her sorrows to the day Europeans stepped foot into her mother’s tiny village and spread tuberculosis.

Her mother got sick as a child, never recovered and died young. Rochna’s older brother later drank himself to death, and her other brother soon followed. Her best friend died the same way, as did her friend’s brother, whose body was found in the snow after a night of drinking.

“He died right in front of the welfare office, freezing to death,” recalled Rochna.

These days, Rochna lives in Everett and suffers from a painful bone and joint disease for which she cannot afford surgeries that would improve her quality of life. She has lost most of her molars, making it difficult to eat, because she can’t afford dental care.

After the swaths of tribal land ceded to the government, Rochna had expected the government to provide better care for her people.

“Isn’t that shameful?” she said.

With the new administration, many Native Americans see glimmers of hope. President Barack Obama, who campaigned in Indian country, has proposed a $4 billion budget for Indian Health Service, a $700 million increase.

This year, the Northwest health board launched an ambitious five-year “tribal action plan” to reduce suicides—the second leading cause of death for Native American youths.

Tribes also are relying on their own community bonds to improve their health. The Port Gamble S’Kallam Tribe recently started a fitness challenge, enticing participants to lose weight, attend nutrition classes and get dental check-ups, for a chance to win $15,000, or a new car.

One of the participants is Kim Freewolf, 52, who says she needs to lose at least 50 pounds. Her boyfriend, a carver and fisherman, has diabetes and is losing his eyesight. But Freewolf is determined to turn their health around, with more walking, fruits and vegetables, and someday a neighborhood garden.

“I’m really hoping that we’ll all work together as a community, into changing the way we are,” she said.


HUD Releases $255 million in NAHASDA Funding

March 11, 2009

The Department of Housing and Urban Development (HUD) released half of the $510 million in stimulus funding for Native American Housing Block Grant to tribes. The $255 million has been distributed according to the same funding formula that was used to allocate Indian Housing Block Grant funds in fiscal year 2008.

The Native American Housing Block Grant can be used for new construction, acquisition, rehabilitation, energy efficiency and conservation. It can also be used for leveraging private sector financing for new construction, renovation, and energy retrofit.

More information and a breakdown of funding allocations by tribe is available at http://www.hud.gov/recovery/native-american-formula.cfm. The remaining $255 million will be distributed through a competitive grant, which has not yet been published.