Download flyer here.
Deadline Extended till May 23 for G. William Rice Bar Study Scholarship
Download flyer here.
Author: Sarah Donnelly
New Paper Focuses on Double Taxation in Indian Country
Link to article here.
Citation and abstract:
Croman, K. S., & Taylor, J. B. (2016). Why beggar thy Indian neighbor? The case for tribal primacy in taxation in Indian country. Joint Occasional Papers on Native Affairs (JOPNA 2016-1). Tucson, AZ and Cambridge, MA: Native Nations Institute and Harvard Project on American Indian Economic Development.
The law governing taxation in Indian country is a mess. The accretion of common law precedents and the general tendency of states to assert primacy over the taxation of non-Indians create absurd outcomes. This article makes the case three ways. The argument based on the law shows that particularized, fact-specific precedents create a thicket of rulings that impede business development. The argument based on facts shows that these impediments to economic development harm not only tribal economies, but state and local economies, too. And the argument based on just claims testifies to the fact that the current arrangement could hardly have emerged from the actions of willing and informed governments operating in good faith. To borrow from Adam Smith, states beggar their Indian neighbors, seeking fiscal gain to the tribes’ detriment and, ultimately, their own. We conclude by recommending actions to bring fairness and certainty to the law governing taxation in Indian country.
Montana Law School 2016 Summer Indian Law Program
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
Download job announcement here.
NYT’s “Room for Debate” Discusses Racist Mascots
Link to editorials here.
Murray Sinclair on tragedy, respect and the lessons of the Truth and Reconciliation Commission
Link to CBC radio segment and article by Shelagh Rogers here.
Senior Attorney Opening with Nooksack Tribe
WSBA Indian Law Section on May 12, 2016
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
Link to job announcement (PDF) here.
Open until filled with first review date Friday, May 20, 2016.
Leech Lake Tribal College Presidential Search
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.
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