Research

Elizabeth Reese Joins Stanford Law Faculty

Matthew L.M. Fletcher

Here is the announcement.

An excerpt:

Stanford Law School (SLS) today announced that Elizabeth A. Reese, Yunpoví, which means Willow Flower in the Tewa language, will join its faculty on June 1 as an assistant professor of law. With a focus on American Indian tribal law and constitutional law, Reese’s scholarship examines the way government structures, citizen identity, and the history that is taught in schools can impact the rights and powers of oppressed racial minorities within American law. Reese is tribally enrolled at Nambé Pueblo, one of the six Tewa-speaking pueblos of the northern Rio Grande region, where she is an active member of the community. Reese’s appointment is part of a Stanford University faculty cluster hire to add eminent scholars and researchers who are leaders in the study of the impact of race in America, an initiative under Stanford’s IDEAL initiative. Established in 2018, IDEAL is a larger cross-campus effort to create a more inclusive, accessible, diverse and equitable university for all Stanford community members.

Brackeen Discussion Today

Monica Williamson

1 CLE credit approval is pending.

Registration is still open for the 1 hour webinar hosted today, April 22 12-1pm PT (3-4pm ET): https://www.twgtrainings.com/brackeen-decision

Update: ICWA Educational Zoom Conference

Neoshia Roemer

Due to technical difficulties, please click the following link to join the next panel beginning at 1:45 CT!

https://usd.zoom.us/j/92454118611

Brackeen 1 Hour CLE Next Week

Neoshia Roemer

Registration Link: https://www.twgtrainings.com/brackeen-decision

Cornell/Yale Indigenous Nations and Climate Change Conference, April 21-23

Matthew L.M. Fletcher

Register here.

ICWA Educational Zoom Conference

Neoshia Roemer

This Thursday, April 15, 2021, the University of South Dakota is hosting an ICWA Educational Zoom Conference. For more details, please click here:

ICWA Educational Zoom Conference InformationDownload

Update: Please click the following Zoom link to join!

https://usd.zoom.us/j/92454118611

CFP for ILPC/TICA Conference

Monica Williamson

Are you an in-house attorney addressing one of these issues?

-Self Governance

-Consultation Practices

-Amicus Briefs

-Insight from Current Judicial Clerks

-Traditional Knowledge in the Law

-ICWA

-Hot Topics

Each year, the Indigenous Law Conference has 8 panels plus a keynote speaker. Current TICA members interested in presenting on the above topics, with a focus on the tribal in-house practice of law, are invited to submit their individual presentation proposals. ILPC/TICA will form panels. Proposals must be submitted by May 1, 2021. The Conference will be hosted November 4-5, 2021 with pre-conference activities on November 3. For more information, click the buttons below.

Submission Form

Conference Website

Montana Indian Law Section CLE (April 23 and May 7, 021)

Matthew L.M. Fletcher

Registration for Friday, 04/23, Day 1: Health Care Issues and Negotiating 638 Contracts; The Federal Tribal Recognition Process: Successes & Challenges, https://www.montanabar.org/events/EventDetails.aspx?id=1497435&group=

Friday, 05/07, Day 2: The Death Penalty in State & Federal Court; Holistic Responses in the Tribal Justice Systems,  https://www.montanabar.org/events/EventDetails.aspx?id=1497436

Tribal Court Lay Advocates can join the Indian Law Section as an associate member here: https://www.montanabar.org/page/ILSassociatemembership (not required to attend CLE).

Indian Law Section CLE

Presented by the Indian Law Section, State Bar of Montana; 

With the Criminal Law Section, State Bar of Montana 

Friday, April 23, 2021 & Friday, May 7, 2021

(all times MST)

Day 1: Friday, April 23, 2021

12:45 – 1:00: Opening (Lillian Alvernaz, Indian Law Section Chair & Sam Alpert, State Bar of MT)

1:00 – 2:45: Health Care Issues and Negotiating 638 Contracts

  • Panelists:  
    • Monte Mills, Associate Professor & Director of Margery Hunter Brown Indian Law Clinic at the Alexander Blewett III School of Law at the University of Montana 
    • Annette Brown, Attorney at Confederated Salish & Kootenai Tribes
  • Session Moderator: Maylinn Smith, Civil Prosecutor for the Confederated Salish & Kootenai Tribes
  • Session Overview: Health care in Indian Country combines treaty rights, federal statutory requirements and tribal sovereignty principles.  The panelists will examine the history and foundational concepts supporting Indian health care, the challenges in meeting the current health care needs of Indian people and tribal communities, and the opportunities available to tribal governments when creating health care systems.

2:45 – 3:00: Break

3:00 – 4:45: The Federal Tribal Recognition Process: Successes & Challenges. 

  • Panelists: 
    • Josh Clause (Mohawk Nation), Owner of Clause Law, PLLC
    • Chairman Gerald Gray (Montana Little Shell Chippewa Tribe), Chairman of Montana Little Shell Chippewa Tribe
    • Rebekah Salguero (Ocotillo Law and Policy Partners), General Counsel to Mashpee Wampanoag Tribe
  • Session Moderator: Lillian Alvernaz, Chair, Indian Law Section
  • Session Overview: This presentation will provide an overview of the tribal federal recognition process through congress and executive action. This panel will discuss both successes in obtaining recognition, and address the weighty federal oversight. Specifically, the panel will explore the Little Shell’s journey to become federally recognized and the Mashpee Wampanoag’s recent fight to remain legitimate in the eyes of the federal government. 

4:45 – 5:00:  Closing

Day 2: (presented with the Criminal Law Section, State of Montana)

Friday, May 7, 2021

12:45 – 1:00: Opening (Lillian Alvernaz, Indian Law Section Chair; James Taylor, Criminal Law Section Chair; Sam Alpert, State Bar of Montana) 

1:00 – 2:45: The Death Penalty in State & Federal Courts

  • Panelists: 
    • Michael Donahoe, Deputy Federal Defender, Federal Defenders of Montana
    • SK Rossi, Owner, Central House Strategies 
    • Gary Mitchell, Attorney, ACLU of New Mexico
  • Session Moderator: James Taylor, Managing Attorney, Tribal Prosecutors Office, Confederated Salish & Kootenai Tribes
  • Session Overview: The panel will present an overview of the federal death penalty and the ethical issues in representing someone facing a possible death sentence; the history of the death penalty in Montana with an emphasis on recent changes in the state system; and an in-depth discussion of United States v. Lezmond Mitchell. 

2:45 – 3:00: Break

3:00 – 4:45: Holistic Responses in the Tribal Justice System

  • Panelists: 
    • Dr. Sarah Deer, Professor, University of Kansas
    • Kathleen Littleleaf, Billings Urban Indian Health & Wellness Center
  • Session Moderators: Robin Turner (ILS Section Member) & Lillian Alvernaz
  • Session Overview: This panel will discuss the impacts of over-policing and incarceration of Native American people and how Tribal justice systems can work to holistically support individuals involved in the criminal justice system. The presenters will also explore the disproportionate victimology of the Native American population and how abiding by non-Indian systems of justice fails Native American people.

4:45 – 5:00:  Closing