UW Law will host the 35th annual Indian Law Symposium on Friday, Dec. 9, 2022, featuring a full set of topics from panelists across the country. Programming includes updates on litigation and federal legislation, an ethics session about cultural considerations for competent tribal legal representation, and sessions on tribes, mining and opportunities for reform; the Indian Child Welfare Act; and the Supreme Court.
The program will be held in a virtual format on Zoom. It is co-sponsored by the Washington Law Review and Native American Law Center.
We argue that the anti-commandeering challenges against ICWA are unfounded because all provisions of ICWA provide a set of legal standards to be applied in states which validly and expressly preempt state law without unlawfully commandeering the states’ executive or legislative branches. Congress’s power to compel state courts to apply federal law is long established and beyond question.