UDub Indian Law Symposium — Friday, Dec. 9, 2022

Register here.

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.

Wisconsin Federal Court Issues Post-Trial Opinion in Bad River Line 5 Suit

Here is today’s opinion in Bad River Band of Lake Superior Tribe of Chippewa Indians v. Enbridge Energy Co. Inc. (W.D. Wis.):

This one has illustrations.

Prior post here.

California Federal Court Dismisses Final Two Defendants in Acres Bonusing v. Ramsey (formerly Marston)

Here are the materials in Acres Bonusing Inc. v. Ramsey (N.D. Cal.):

90 First Amended Complaint

96 Motion to Dismiss

101 Opposition

102 Reply

105 DCT Order

Prior post here.

From DALL-E, an abstract painting of a judge slapping someone with a fish. Yeah, sure, it could be that.

Fletcher and Khalil on ICWA Preemption and Commandeering

Fletcher and Randall F. Khalil have published “Preemption, Commandeering, and the Indian Child Welfare Act” in the Wisconsin Law Review.


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.

Excerpt from Fletcher comic book about the Brackeen argument that no one may ever read.

D.C. Federal Court Dismisses Suits Attacking United Keetoowah and Kialegee Compacts, Allows Suits Against Comanche and Otoe-Missouria to Proceed

Here are the materials in Cherokee Nation v. Dept, of the Interior (D.D.C.):

Prior post here.


Ninth Circuit Rejects Tribal Immunity under Bankruptcy Act

Here is the unpublished order in Numa Corp. v. Diven, formerly Cedarville Rancheria v. Diven.

Briefs here.

Another weird one from DALL-E: A showdown between Indians and lawyers before the Supreme Court.

South Dakota Federal Court Orders Tribal Exhaustion in Wrongful Death Suit against Rosebud Tribal Police, Feds Dismissed from Suit

Here are the materials in Archambault v. United States (D.S.D.):

1 Complaint

20 Atman Motion to Dismiss

23 US Motion to Dismiss

26 Romero Motion to Dismiss

31 Response

33 US Reply

34 Atman Reply

37 Romero Reply

42 DCt Order