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The Native American Rights Fund (NARF) is a non-profit organization that uses existing laws and treaties to ensure that
U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sover ...
governments and the
U.S. federal government The federal government of the United States (U.S. federal government or U.S. government) is the Federation#Federal governments, national government of the United States, a federal republic located primarily in North America, composed of 50 ...
live up to their legal obligations. NARF also "provides legal representation and technical assistance to Indian tribes, organizations and individuals nationwide."Native American Rights Fund.
(retrieved on 13 Feb 2010)


Background

The Native American Rights Fund was co-founded in 1970 by
David Getches David Harding Getches () was Dean (education), dean and Raphael J. Moses Professor of Natural Resources Law at the University of Colorado Law School in Boulder, Colorado. He taught and wrote on water law, public land law, environmental law, and ...
and John Echohawk (
Pawnee Pawnee initially refers to a Native American people and its language: * Pawnee people * Pawnee language Pawnee is also the name of several places in the United States: * Pawnee, Illinois * Pawnee, Kansas * Pawnee, Missouri * Pawnee City, Nebraska * ...
). Echohawk currently serves as executive director. NARF is governed by a volunteer board of directors composed of thirteen Native Americans from different tribes throughout the country with a variety of expertise in Indian matters. A staff of fifteen attorneys handles about fifty major cases at any given time, with most of the cases taking several years to resolve. Cases are accepted on the basis of their breadth and potential importance in setting precedents and establishing important principles of Indian law. In September 2001 tribal leaders met in
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
, and established the Tribal Supreme Court Project in an effort to "strengthen tribal advocacy before the U.S. Supreme Court by developing new litigation strategies and coordinating tribal legal resources.""Tribal Supreme Court Project Home."
(retrieved on 13 Feb 2010)
The ultimate goal is to improve the win–loss record of Indian tribes in
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
cases. The Project is staffed by attorneys from NARF and the National Congress of American Indians (NCAI) and consists of a Working Group of over 200 attorneys and academics from around the nation who specialize in Indian law and other areas of law that impact Indian cases, including property law, trust law and Supreme Court practice. In addition, an Advisory Board of Tribal Leaders assists the Project by providing the necessary political and tribal perspective to the legal and academic expertise.


Tribal Supreme Court Project

The Tribal Supreme Court Project does the following: *In conjunction with the National Indian Law Library (NILL), monitors Indian law cases in the state and federal appellate courts that have the potential to reach the Supreme Court (NILL Indian Law Bulletins) *Maintains an on-line depository of briefs and opinions in all Indian law cases filed with the U.S. Supreme Court and cases being monitored in the U.S. Court of Appeal and State Supreme Courts (Court Documents) *Prepares an Update Memorandum of Cases which provides an overview of Indian law cases pending before the U.S. Supreme Court, cases being monitored and the current work being performed by the Project *Offers assistance to tribal leaders and their attorneys to determine whether to file a Petition for a Writ of Certiorari to the U.S. Supreme Court in cases where they lost in the court below *Offers assistance to attorneys representing Indian tribes to prepare their Brief in Opposition at the Petition Stage in cases where they won in the court below *Coordinates an Amicus Brief writing network and helps to develop litigation strategies at both the Petition Stage and the Merits Stage to ensure that the briefs receive the maximum attention of the Justices *When appropriate, prepares and submits Amicus Briefs on behalf of Indian tribes and Tribal Organizations *Provides other brief writing assistance, including reviewing and editing of the principal briefs, and the performance of additional legal research *Coordinates and conducts Moot Court and Roundtable opportunities for attorneys who are presenting Oral Arguments before the Court *Conducts conference calls and fosters panel discussions among attorneys nationwide about pending Indian law cases and, when necessary, forms small working groups to formulate strategy on specific issues.


Actions

One of NARF's earliest cases resulted in the 1974
Boldt Decision ''United States v. Washington'', 384 F. Supp. 312 (W.D. Wash. 1974), aff'd, 520 F.2d 676 (9th Cir. 1975), commonly known as the Boldt Decision (from the name of the trial court judge, George Hugo Boldt), was a legal case in 1974 heard in t ...
, in which a U.S. district judge ruled that
Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered on ...
State must uphold tribal treaty rights, specifically fishing rights. NARF has represented Native peoples in the case, ''
Cobell v. Salazar ''Cobell v. Salazar'' (previously ''Cobell v. Kempthorne'' and ''Cobell v. Norton'' and ''Cobell v. Babbitt'') is a class-action lawsuit brought by Elouise Cobell (Blackfeet) and other Native American representatives in 1996 against two departm ...
'', initiated by
Elouise Cobell Elouise Pepion Cobell, also known as Yellow Bird Woman (November 5, 1945 – October 16, 2011) (''Niitsítapi'' Blackfoot Confederacy), was a tribal elder and activist, banker, rancher, and lead plaintiff in the groundbreaking class-action sui ...
(
Blackfeet The Blackfeet Nation ( bla, Aamsskáápipikani, script=Latn, ), officially named the Blackfeet Tribe of the Blackfeet Indian Reservation of Montana, is a federally recognized tribe of Siksikaitsitapi people with an Indian reservation in Monta ...
) over the
U.S. Department of the Interior The United States Department of the Interior (DOI) is one of the executive departments of the U.S. federal government headquartered at the Main Interior Building, located at 1849 C Street NW in Washington, D.C. It is responsible for the mana ...
's mismanagement of trust funds. The historic 13-year case resulted in a $3.4 billion settlement. NARF publishes literature pertaining to Native American rights. They currently are co-publishing a book about tribal employment law.Smith, Jr., Kaighn
"Tribal Work Laws Before It's Too Late."
''Indian Country Today.'' 26 Jan 2010 (retrieved on 13 Feb 2010)


References


External links


Native American Rights Fund
{{authority control Native American law Native American rights organizations Organizations established in 1970 1970 establishments in the United States