Author: Sarah M Donnelly

Montana Law School 2016 Summer Indian Law Program

Sarah M Donnelly

UPDATED: New card with class descriptions.

Download course card here.

2016 Course Schedule

Indian Law Research

Credits: 1 Professor: Stacey Gordon Dates: June 6 – 10 Time: 9:00 a.m. – 11:30 a.m.

CLE Credits: 11.5 (pending) CLE Tuition: $650 CLE Registration: Online

Given that American Indian and Alaska Natives are sovereign governments, the field of American Indian and Indigenous Law encompasses distinct legal issues and sources. Researching both federal Indian law (the relationships between tribal governments and the U.S. government) and tribal law (the law of individual tribes) requires a unique set of tools and research skills . In this course, students will learn the skills and sources necessary to research general Indian law issues as well as the very specialized skills and sources used in researching the legal history of a tribe, including reserved treaty rights. The course will cover researching treaties, Indian land claims, statutory and case law, and tribal law.

Mastering American Indian Law

Credits: 2 Professor: Maylinn Smith Dates: June 13 – 17 Time: 9:00 a.m. – 12:00 p.m., 1:00 p.m. – 3:00 p.m.

CLE Credits: 23.75 (pending) CLE Tuition: $1,300 CLE Registration: Online

This course looks at fundamental aspects of American Indian law and provides a basic understanding of core Indian law principles, both on the federal and tribal level. The course familiarizes participants with the development of foundational concepts in the area of Indian law and addresses the continuing impact of federal legislation and court actions on tribal governance structures and principles of sovereignty. In addition to providing substantive information on legal principles associated with American Indian law, participants with engage in practical skills building exercises that build upon the substantive materials being covered.

Energy in Indian Country

Credits: 1 Professor: Monte Mills Dates: June 20 – 24 Time: 9:00 a.m. – 11:30 a.m.

CLE Credits: 11.5 (pending) CLE Tuition: $650 CLE Registration: Online

This course will trace the history of energy development and related issues in Indian Country, discuss the statutory, regulatory, and other legal issues that arise in that context, and provide participants with background and perspective on the issues currently facing Indian tribes interested in pursuing energy development. In doing so, we will learn more about the social, cultural, and other policy issues faced by tribes when considering decisions about development and examine the federal government’s role in fulfilling it trust responsibilities to Indian tribes engaged in energy-related activities.

Indian Gaming

Credits: 1 Professor: Melissa Schlichting Dates: June 27 – July 1 Time: 9:00 a.m. – 11:30 a.m.

CLE Credits: 11.5 (pending) CLE Tuition: $650 CLE Registration: Online

This class reviews federal statutes, regulations, and case law pertaining to Indian gaming issues. Participants will learn about contemporary issues affecting Indian gaming, the gaming regulation system, and the compacting process. Special emphasis will be placed on Montana tribal gaming concerns.

Supreme Court Jurisprudence and Indian Country

Credits: 1 Professor: Matthew Fletcher Dates: July 5 – 8 Time: 9:00 a.m. – 1:00 p.m. Course Capacity: 30 Students

CLE Credits: 12 (pending) CLE Tuition: $650 CLE Registration: Online

This course will introduce participants to the distinctive constitutional issues arising from and affecting Indian country. The initial portion of the class will cover the legal history of federal Indian law, dating from pre-constitutional times, the Marshall Trilogy, the Plenary Power Trilogy, to the modern era of federal Indian law beginning in 1959. The main portion of the class will address critical modern era cases and their impacts on contemporary tribal governance and Indian affairs.

Indian Water Law

Credits: 1 Professor: John Carter Dates: July 11 – 15 Time: 9:00 a.m. – 11:30 a.m. Course Capacity: 25 Students

CLE Credits: 11.5 (pending) CLE Tuition: $650 CLE Registration: Online

This course provides information about the various aspects of Indian water law and addresses the historical sources for Indian water rights, the scope of Indian water rights, protection of Indian water rights and the compacting process.

Current American Indian Legislative Issues

Credits: 1 Professor: Kevin Washburn Dates: July 18 – 22 Time: 9:00 a.m. – 11:30 a.m.

CLE Credits: 11.5 (pending) CLE Tuition: $650 CLE Registration: Online

Federal Indian law and policy develops in the courts, in Congress, and in federal agencies. This course will focus on the legislative and administrative processes in forming laws and regulations, but will also explore the relationship between the courts and these other forums by focusing on Congressional and administrative reactions to decisions in the Supreme Court and the lower courts. The content of the course will include recent developments in the 114th Congress and the Obama Administration.

NHBP Still Looking for Summer Legal Intern

Sarah M Donnelly

Download job announcement here.

NYT’s “Room for Debate” Discusses Racist Mascots

Sarah M Donnelly

Link to editorials here.

Murray Sinclair on tragedy, respect and the lessons of the Truth and Reconciliation Commission

Sarah M Donnelly

Link to CBC radio segment and article by Shelagh Rogers here.

Senior Attorney Opening with Nooksack Tribe

Sarah M Donnelly

Link to Craigslist ad here.

Previously posted ad for Nooksack Chief Judge here.

WSBA Indian Law Section on May 12, 2016

Sarah M Donnelly

Agenda and registration previously posted here.

This year’s Hot Topics in Indian Law has been approved for 6.25 CLE credits.

Senior Staff Attorney Opening on Colville Reservation

Sarah M Donnelly

Link to job announcement (PDF) here.

Open until filled with first review date Friday, May 20, 2016.

Leech Lake Tribal College Presidential Search

Sarah M Donnelly

Open until filled
Target start date: June 1, 2016

The Board of Trustees of Leech Lake Tribal College invites applications for the position of President of the College.

The Leech Lake Tribal College (LLTC) is an accredited, two-year degree granting college seeking a qualified, engaging president to lead faculty, staff, students, and community stakeholders in fulfilling its mission of providing quality higher education grounded in Anishinaabe values.

Inquiries should be directed to:

Cindy Kingbird
Human Resources Director
Leech Lake Tribal College
cindy.kingbird@lltc.edu
(218) 335-4261

Employment Application Forms and other required documents can be found at ww.lltc.edu.

City Of Pocatello Prohibits Business with Shoshone-Bannock Tribes

Sarah M Donnelly1 Comment

As tweeted by Native News Online with link to article:

Excerpt:

The City’s contract provisions expressly state the company renting land from the City at the airport shall “not enter into any written agreement with the Tribes” without the City’s approval.  Further, the agreement provides if the City’s tenant receives communications from the Tribes, the tenant must “immediately provide” the City “with a copy of any written correspondence or material” received from the Tribes.

Trump Consultant Helped Fight Against Indian Casinos

Sarah M Donnelly2 Comments

Link to “The Quiet American” by Franklin Foer on Slate here.

Paul Manafort is a lobbyist and consultant who has advised Republican presidential nominees going back to Gerald Ford.

Excerpt:

Manafort and Stone pioneered a new style of firm, what K Street would come to call a double-breasted operation. One wing of the shop managed campaigns, electing a generation of Republicans, from Phil Gramm to Arlen Spector. The other wing lobbied the officials they helped to victory on behalf of its corporate clients. Over the course of their early years, they amassed a raft of blue-chip benefactors, including Salomon Brothers and Rupert Murdoch’s News Corp.

Another early client was Donald J. Trump. What Trump wanted was help fending off potential rivals to his Atlantic City casino business. He especially feared the rise of Indian gaming. As the 2016 campaign has graphically illustrated, Trump doesn’t treat rivals gently. Testifying before a congressional committee in 1993, he began with his rote protestations of friendship. “Nobody likes Indians as much as Donald Trump.” He then proceeded to worry that the tribes would prove unable to fend off gangsters. “There is no way Indians are going to protect themselves from the mob … It will be the biggest scandal ever, the biggest since Al Capone … An Indian chief is going to tell Joey Killer to please get off his reservation? It’s unbelievable to me.”

Trump poured money into a shell group called the New York Institute for Law and Society. The group existed solely to publish ads smearing his potential Indian competition. Under dark photos of needles and other junkie paraphernalia, the group asserted, “The St. Regis Mohawk Indian record of criminal activity is well documented.” (It wasn’t.) “Are these the new neighbors we want?” We know that Trump and Stone were behind the New York Institute because Gov. George Pataki investigated its doings. He slapped Trump and Stone with a $250,000 fine and required them to publicly apologize for running the ads.

Manafort didn’t own the Trump account at the firm. But one of his former partners told me that he would dispense advice and pitch in, winning Trump’s trust.

Previous article about Trump’s Foreign Policy Advisor, Joseph Schmitz, here.