The 2023 American Indian Justice Conference (AIJC) is planned for May 3-4, 2023 in Reno, NV. The conference planners for this event are the National Criminal Justice Training Center of Fox Valley Technical College (NCJTC), the Tribal Judicial Institute at the University of North Dakota (TJI) and the National Tribal Judicial Center (NTJC). We are seeking presentation proposals from BJA training and technical assistance providers and partners.
Please complete the online call for presentations form (using the link below) by Wednesday, February 8, 2023.
The Double Jeopardy Clause guarantees no individual will be put in jeopardy twice for the same offense. But, pursuant to the dualsovereignty doctrine, multiple prosecutions for offenses stemming from the same conduct do not violate the Clause if the offenses charged arise under the laws of separate sovereigns, even if the laws are otherwise identical. The doctrine applies to tribal prosecutions, but its impact in Indian country is rarely studied. Such an inquiry is overdue, particularly as the scope of crimes potentially subject to dual tribal and federal prosecutions has broadened in recent years. This Article is the first to undertake a preliminary examination of the dual-sovereignty doctrine in the tribal–federal context and describe the complex interplay between the doctrine and the rest of the criminal law fabric in Indian country. Perhaps most significantly, it includes an original typology highlighting when a defendant may be subject to the doctrine, which sovereigns have the authority to prosecute, pursuant to what source of power each sovereign operates, and when and how the sequence of prosecutions matters, if at all. This leads to the Article’s central thesis: Indian tribes are separate sovereigns with inherent sovereignty, and, under current conditions, the dual-sovereignty doctrine plays a central role in ensuring safety in Indian country. The doctrine’s application in Indian country, however, creates unique complexities that may threaten tribal sovereignty and raise issues of unfairness for defendants. This Article offers numerous reforms—some highly ambitious and others more modest—to address these issues.
two police officers staring at each other in the style of miro
Whether landowners, whose water use was exempted from federal enforcement under a decades-old final judgment decreeing tribal reserved water rights, have Article III standing to appeal from a district court order approving a government agreement to amend said judgment so that landowners’ water rights can be subjected to federal enforcement?
May non-party landowners appeal from a district court order approving an agreement by three government parties to amend a decades-old final judgment (and related final orders), when landowners were haled into court by an order to show cause stating their rights will be bound by the amended judgment and landowners fully participated in the show cause proceedings as ordered?
The University of Michigan has a complicated history with Native American communities, which were vital to its very existence. Join us for a discussion with Bethany Hughes, assistant professor of American Culture, on the historic and ongoing activism of Native American students.
Can U-M Fulfill Its Promise to Native Americans? Fifty Years of Native American Student Activism Thursday, January 19, 20237:00 – 9:00 P.M. Guests may attend in-person at the Judy and Stanley Frankel Detroit Observatory or attend virtually.
The talk will examine the founding of the Native American Student Association, the work to compel the University to recognize the promise of education made to Native Americans in the 1817 Treaty of Fort Meigs (including a critical lawsuit brought by a U-M football player), and the decades-long work to bring to light the racial stereotyping and misuse of Native American symbols by the Michigamua student organization.
ABOUT THE SPEAKER: Bethany Hughes is an Assistant Professor in the Department of American Culture and a core faculty member in the Native American Studies Program. A performance scholar and cultural historian, her research focuses on theatre and performance in America, Indigenous performance, and the possibilities for making and remaking culturally legible categories through live performance. She teaches classes on Native American Studies, Indigeneity and Performance, Authenticity and Representation, American Performance, and Broadway and American Culture. An enrolled member of the Choctaw Nation of Oklahoma, her writing can be found in Theatre Journal, Theatre Survey, Theatre Topics, Mobilities and on HowlRound.com. Her current book project is an investigation of redface in 19th and 20th century American theatre and its implications for Indigenous identity and sovereignty.
Turtle Talk 
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