Rod Lewis (PLSI ‘69) Walks On

Here is “Negotiator on Gila River water rights settlement dies.

And “Gila River Indian Community mourns death of tribal leader.

From Mario Gonzales:

Rod Lewis was married to my cousin Willardene Poor Bear-Lewis.  I started law school  with him in a pre-law program for Indian students at the University of New Mexico School of Law in the Summer of 1969.  Rod enrolled in the UCLA Law School and I enrolled in the University of North Dakota School of law in the fall of 1969 and we both graduated from law school in 1972.

I would like to mention a few of our classmates from the UNM School of Law summer law program of 1969 who went on the have distinguished careers:  Tom Fredericks, John Sinclair, Richard Trudell, Ralph Keen, George Goodwin, John Oguin, Gary Kimble, and Phil LaCourse.  Movie actor and musician Floyd Westerman was also one of our classmates.

Richard Trudell arranged for us to attend two Indian law classes at the Catholic University School of Law in Washington, D.C. during the summer of 1971.  Graham Belle was our law professor (he was related to Alexander Graham Belle — inventor of the telephone).  Trudell wanted us to get some exposure to the roles law firms, federal agencies and Congress play in Indian affairs on a national level.

Rod Lewis got a job with the Interior Department and I got a job with the law firm of Fried, Frank, Harris, Shriver and Kampleman at the Watergate 600.  We worked during the day and attended Graham Belle’s Indian law classes in the evening.  Rod liked to tease and would sometimes call me and pretend he was someone else, and we would sometimes have lunch together at the Interior Department cafeteria with other Indian law students.

I also recall that my wife and I (and our three children) had trouble finding a place to rent for the summer and Rod and Willardene invited us to stay with them in Reston, Virginia until we could find our own place to rent.

Richard Trudell and Alan Parker started the American Indian Lawyer Training Program (AILTP) and began publishing the Indian Law Reporter, one of our main sources of Indian law in the 1970s.  Trudell and Parker also started a program to get four newly graduated Indian lawyers into private practice and selected four individuals for the program:  Rod Lewis (Gila River), Louis Denetsosie (Navajo), Larry Echohawk (Pawnee) and I (Oglala Sioux).

Trudell and Parker also set up a class for the four of us on law office management in Los Angeles, California with LA attorney Jay Foonberg as our instructor.  Rod set up his law office in Sacaton, Arizona and I set mine up in Martin, S.D.  in 1975.

In 19778, I became an Oglala Sioux tribal attorney and moved to Pine Ridge, S.D.  Louis Denetsosie set up his law office in Ft. Defiance, Arizona and I believe Larry Echohawk set up his law office in Salt Lake City, Utah.  Louis later became the attorney General of the Navajo Nation and Larry became the Attorney General of the State of Idaho.  And Rod, of course, became one of the nation’s outstanding Indian litigators and Indian water rights expert.

I would like to close by saying that I have always been so proud of Rod Lewis and his accomplishments in Indian law and the accomplishment of his family members; Willardene also became an attorney and an administrative law judge, and their son Steven is now serving as Governor of the Gila River Tribe.

NYTs: “Indian Slavery Once Thrived in New Mexico. Latinos Are Finding Family Ties to It.”

Here.

Delaware Federal Court Affirms Bankruptcy Act Did Not Abrogate Tribal Immunity

Here are the materials in In re Money Centers Inc. (D. Del.):

15 Appellant Brief

16 Appellee Brief

17 Thunderbird Appellee Brief

18 Reply

23. Memorandum Affirming BR Court 3-29-18

114. Opinion Granting QCA MTD 2-28-17

Federal Police Killing Suit Filed for Suquamish Man’s Estate

Here is the complaint in Covarrubias v. City of Lakewood (W.D. Wash.):

Covarrubias v. City of Lakewood Complaint

Kalyn Free Sues Muscogee AG and Tribal Court over Jurisdiction

Here is the complaint in Free v. Dellinger (N.D. Okla.):

2 Complaint

UPDATE (5/14/2018):

3 Motion for Preliminary Injunction

9 Tribe Motion to Dismiss

14 Tribal Court Motion to Dismiss

15 Tribal Court Opposition

20 Free Response to 14

New Mexico COA Allows Isleta Casino Worker’s Comp Claim to Proceed over Tribal Immunity Defense

Here is the opinion in Mendoza v. Isleta Resort & Casino & Hudson Ins. (N.M. Ct. App.):

CA35,520

North Dakota SCT Rejects State Criminal Jurisdiction over Nonmember Indians

Here are the materials in Olson v. North Dakota Dept. of Transportation:

Appellant Brief

Appellee Brief

Opinion

Reply

Rob Williams Named U of A Regents Professor

Congrats Rob!! Here is “UA Law professor named Regents Professor.”

 

Minnesota COA Allows Leech Lake Ojibwe Citizen’s Fireworks Shop to Remain Open

Here is the unpublished opinion in Irv’s Boomin’ Fireworks v. Muhar:

opa171416-040918

New Scholarship on Tribal-State Cannabis Compacting

Matthew Ramirez has published “New Mexico Tribal Cannabis: Policy, Politics, &
Guidance for Government-to-Government Cooperation in State-Tribal Cannabis Compacting” in the Natural Resources Journal. Here is the abstract:

The purpose of this article is three-fold. First, it aims to provide a systematic review of international, United States, state, and federal Indian law and policy surrounding cannabis cultivation, possession, and use in Indian Country. Second, it argues that the 2017 New Mexico tribal medical cannabis bills (SB 345 & HB 348), which were introduced in the first regular session of the New Mexico State Legislature and would have permitted the state to enter into intergovernmental agreements (or compacts) with tribes who choose to implement the state’s medical cannabis program on tribal lands, contained legal vulnerabilities likely to hinder their effectiveness if passed into law. Third, and as a result of this legal and political environment, this article serves as a tribal cannabis policy resource for New Mexico legislators and as a proposal of model legislation and compact terms for the drafting of effective tribal medical cannabis legislation and state-tribal cannabis compacts. Part I provides a historical and legal overview of international and United States federal controlled substances law and policy. Part II explores the issues arising in federal Indian cannabis law and regulation, including: state criminal jurisdiction over non-Public Law 280 tribal lands, state taxation in Indian Country, tribal sovereign immunity, and state-tribal dispute resolution. Part III covers New Mexico cannabis law, including a discussion of the state medical cannabis regulatory apparatus and policy analysis of the 2017 New Mexico tribal medical cannabis bills. Part IV closely analyzes the pros and cons of the 2017 New Mexico tribal medical cannabis bills and provides recommendations for future effective tribal medical cannabis legislation and compact drafting. Finally, Part V puts forward a model tribal medical cannabis bill and state-tribal cannabis compact terms reflecting the legal conclusions drawn herein, which may serve as constructive guidance in a future legislative session or compact negotiations between New Mexico and the Indian nations, tribes, and pueblos within the state.

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