Symposia

University of Colorado Indian Law Symposium — Jan. 28-30, 2010

Matthew L.M. Fletcher

January 28, 2010:

Book Signing: “Broken Landscape: Indians, Indian Tribes and the Constitution”

Leading scholar in American Indian law, Professor Frank Pommersheim will talk about his new book, “Broken Landscape: Indian Tribes and the Constitution,” which is a sweeping chronicle of Indian tribal sovereignty under the U.S. Constitution and the way that legal analysis and practice have interpreted and misinterpreted tribal sovereignty since the nation’s founding. After demonstrating that the federal government has repeatedly failed to respect tribal sovereignty, he closes with a proposal for a constitutional amendment that would reaffirm tribal sovereignty and accord Indian tribes and Indian people the respect and dignity that are their due. Book signing and reception to follow.

January 29-30, 2010:

The Next Great Generation of American Indian Law Judges

This conference will convene federal, state and tribal judges, practitioners, and academics to engage in a lively and open discussion about the future of federal Indian law in the judiciary. Academics, practitioners, students, and interested members of the public are welcome. CLE credits will be applied for.

Agenda here: The Next Great Generation Agenda Jan 2010

Third National People of Color Legal Scholarship Conference Calls for Papers

Matthew L.M. Fletcher

Please find below various calls for papers & panels for the Third National People of Color Legal Scholarship Conference, to be held Sept. 9-12, 2010 at Seton Hall Univ. Law School.  You will find a general call (deadline March 12, 2010), and then two competition calls (deadline June 15, 2010), one for students and the other for junior faculty.  Please distribute all of these as widely as possible, including within your schools, forwarding to promising students, etc.

General Call for Papers (pdf)

Junior Faculty Writing Competition

Student Writing Competition

Information about the conference can be found at:  http://law.shu.edu/thirdnationalpoc.

Kansas Tribal Law and Governance Conference (Feb. 11-12)

Matthew L.M. Fletcher

Details here.

Agenda here.

Natural Resources Journal (UNM) Symposium on New Mexico Land Grants

Matthew L.M. Fletcher

Here:

Symposium on
Land Grants and the Law:
The Disputed Legal Histories
of New Mexico’s Land Grants

Introduction ix
Kristina G. Fisher

Essay
Persistence and Disintegration: New Mexico’s Community Land Grants in Historical Perspective 847
Manuel García y Griego

Articles
Righting the Record: A Response to the GAO’s 2004 Report “Treaty of Guadalupe Hidalgo: Findings and Possible Options Regarding Longstanding Community Land Grant Claims in New Mexico” 857
David Benavides & Ryan Golten

Appendix to Righting the Record: Land Grant Speculation in New Mexico During the Territorial Period 927
David Correia

Continue reading →

UCLA Conference Announcement on Indigenous Peoples and International Law — Jan. 22, 2010

Matthew L.M. Fletcher
Indigenous Peoples’ Rights in the International Human Rights Framework – A Comfortable Fit?

Here is the flyer: FINAL FLYER, and the agenda is here.

The UCLA American Indian Studies Center in conjunction with The Journal of International Law and Foreign Affairs at UCLA School of Law and The UCLA Tribal Learning Community and Educational Exchange with additional support from the Sanela Diana Jenkins Human Rights Project David J. Epstein Program in Public Interest Law and Policy Native Nations Law and Policy Center Presents:

Symposium: Indigenous Peoples’ Rights in the International Human Rights Framework — A Comfortable Fit?

January 22, 2010

Registration and Breakfast: 8:00 a.m. – 9:00 a.m.

Blessing, Welcome, and Introduction of Keynote: 9:00 am – 9:30 a.m.

• Anthony Morales, Chief of the Gabrielino-Tongva Band of Mission Indians

• Stephen Yeazell, Interim Dean, UCLA School of Law (invited)

• Angela R. Riley, Visiting Professor of Law and Acting Associate Director, UCLA American Indian Studies Center

Opening Keynote Address: 9:30 a.m. – 10:15 a.m.

S. James Anaya, United Nations Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People, and Professor of Law, University of Arizona Continue reading →

Press Release on National NALSA Moot Court Competition

Matthew L.M. Fletcher

NATIONAL NATIVE AMERICAN LAW STUDENTS ASSOCIATION
MOOT COURT COMPETITION
and
NALSA INDIAN LAW/SOUTH DAKOTA LAW REVIEW SYMPOSIUM
UNIVERSITY OF SOUTH DAKOTA SCHOOL OF LAW

Vermillion, South Dakota
February 18-20, 2010
Sponsorship Opportunity

On February 18-20, the University of South Dakota School of Law will host the nation’s pre-eminent Indian Law event. It will include the National Native American Law Students Association (NALSA) Moot Court Competition, the foremost annual Indian law academic competition. The competition will be conducted in conjunction with a scholarly symposium co-sponsored by the South Dakota Law Review and the USD NALSA chapter and with the biennial Dillon Lecture on Indian law. The symposium represents the first time the annual Law Review Symposium has been combined with the NALSA Indian Law Symposium. The latter has been held biennially for more than two decades, making it the longest-running Indian law symposium in the nation. The Dillon Lecture is one of the Law School’s three major scholarly lectures; it is held biennially in conjunction with the Indian Law Symposium and features a major national speaker on Indian law.

Student teams from across the country will compete in the National NALSA Moot Court Competition. Teams from 55 schools have already registered, including teams from the University of Arizona, Arizona State University, University of California-Berkeley, University of Colorado, Columbia University, Gonzaga University, University of Hawaii, University of Iowa, Kansas University, Lewis & Clark University, University of Michigan, Michigan State University, University of Minnesota, University of New Mexico, University of North Dakota, University of Oklahoma, Stanford University, University of Tulsa, UCLA, University of Wisconsin, and William Mitchell College of Law. Many schools are sending multiple teams; for example, Columbia has registered six teams. The current registration represents a 25% increase over the number of teams that participated in last year’s competition in Boulder, Colorado.

The appellate problem for the competition has been drafted by USD Professor Frank Pommersheim, an internationally recognized Indian law expert who sits on several tribal supreme courts. It will involve issues of free exercise of religion in Indian Country. Judges for the Moot Court Competition will include members of the tribal, federal, and state judiciary and lawyers with expertise in Indian law.

The Dillon Lecture will be presented by Professor Matthew Fletcher (Grand Traverse Band of Ottawa and Chippewa Indians), Director of the Indigenous Law & Policy Center of the Michigan State University College of Law. Professor Fletcher is a co-author of the leading national casebook on federal Indian law and a judge and consultant to tribal supreme courts. Continue reading →

G2E Indian Gaming Track Panels

Matthew L.M. Fletcher

Indian Gaming @ G2E

Tuesday, November 17, 2009

CD2: Big Brands: Native American Casino Design
Room: N115 ~ 9:15AM – 10:15AM (Tuesday, November 17, 2009)

Just as in the commercial market, a brand is what separates a successful Native American operation from its more pedestrian competitors. This session will examine branding as part of the overall design process, including the minimization of costs and implications for long term success. Executives from some of the most recognizable brands in Indian Country will discuss their experiences and offer valuable insights for expanding your casino brand through resort design.

Moderator:
Tom Hoskens – Vice President, Cuningham Group Architecture, P.A.
Speaker:
Charles “Chief” Boyd – Partner, Thalden-Boyd-Emery Architects
J R Mathews – Vice Chairman, Quapaw Tribe of Oklahoma
David Stewart – CEO, Cherokee Nation Entertainment

CSR7: NCRG at G2E: Myths vs. Evidence: The Impact of Indian Gaming
Room: N103 ~ 11:45AM – 12:45PM (Tuesday, November 17, 2009)

Myths about the impact of Indian gaming on the health of tribal members, crime and economic development persist in the media. Does scientific research support these assumptions? The panel, representing a variety of perspectives, will examine these myths in the light of research.

Moderator:
Christine Reilly – Executive Director, Institute for Research on Pathological Gambling & Related Disorders, Division on Addictions, Cambridge Health Alliance
Speaker:
Harry Ashton – Head of Legal Research, Gambling Compliance Ltd.
Jacob Coin – Director, Office of Public Affairs, San Manuel Band of Mission Indians
Kate Spilde – Chair, Sycuan Institute on Tribal Gaming, San Diego State University

FIN2: Spreading the Wealth: Tribal Financing Options
Room: N109 ~ 2:00PM – 3:00PM (Tuesday, November 17, 2009)
The money is still there for tribal gaming projects, but lenders are much more careful now about who receives loans from them and for what purpose. Speakers at this session will explain how to best qualify for loans, what lenders require and how they expect to be repaid, while tribal officials involved in these financial deals will reveal how they convinced banks and other financial institutions to provide capital or refinance existing loans.

Moderator:
Kristi Jackson – CEO, Tribal Financial Advisors
Speaker:
Rochanne L. Hackett – Senior Vice President / Director of National Gaming Development, Wells Fargo Bank N.A.
Jeff Hartmann – Executive Vice President & Chief Operating Officer, Mohegan Tribal Gaming Authority
Mike Lettig – Executive Vice President, Native American Financial Services, Key Bank
Dave Rebich – CFO, Turning Stone Resort Casino

CLR5: Tribal Perspective: Indian Gaming and the Obama Administration
Room: N109 ~ 3:15PM – 4:15PM (Tuesday, November 17, 2009)

Some of President Obama’s most ardent campaign supporters were Native Americans. The tribes believed they needed a change in the way they related to the federal government and that Obama would deliver. Now, one year later, tribal leaders, former and current federal officials and other experts will come together to discuss whether the change they sought has been delivered, and what the future holds for Indian Country during this administration.
Moderator:
Tom Foley – President, Foley Law Group
Speaker:
Tom Brierton – President, Franklin Creek Consulting
Larry Rosenthal – Partner, Ietan Consulting, LLC
John Tahsuda – Vice President, Navigators Global LLC
Loretta Tuell – Attorney, AndersonTuell, LLP

Wednesday, November 18, 2009

IG4: National Indian Gaming Commission: An Update
Room: N115 ~ 9:15AM – 10:15AM (Wednesday, November 18, 2009)
With at least one new member, the National Indian Gaming Commission will be re-tooled to consider a wide range of issues that will impact Indian Country. This session will bring together the current members of the commission for an annual update on the role of this federal agency in overseeing tribal gaming and what its members hope to accomplish during the upcoming year. Topics discussed will be Class II gaming, off-reservation gaming and the relationship of the NIGC with other federal bodies, including the Bureau of Indian Affairs.

Moderator:
Ernie Stebbins – Executive Director, Washington Indian Gaming Association
Speaker:
Norm DesRosiers – Vice Chairman, National Indian Gaming Commission (NIGC)
George Skibine – Acting Principal Deputy Assistant Secretary, Indian Affairs, Acting Chairman, National Indian Gaming Commission

IG5: Tribal Compacts 2.0: The Next Generation
Room: N115 ~ 11:45AM – 12:45PM (Wednesday, November 18, 2009)

The Indian Gaming Regulatory Act (IGRA) prohibits states from taxing tribal gaming revenues. Tribes may, however, agree to share a limited portion of their gaming proceeds with state and local governments, subject to approval by the Secretary of the Interior. To ensure that these compacts are not interpreted as imposing taxes and therefore in violation of IGRA, states and tribes are beginning to develop a new generation of compacts that include revenue sharing models designed to provide more certainty and enforceability. This panel will provide background regarding compacts and older models, and explain how this next generation of revenue sharing can benefit tribal and state governments alike.

Moderator:
Mark Van Norman – Executive Director, National Indian Gaming Association (NIGA)
Speaker:
Scott Crowell – Attorney, Crowell Law Offices
Ezekiel Fletcher – Attorney, Rosette & Associates, P.C.
Paula Hart – Director, Office of Indian Gaming, US Department of the Interior

Continue reading →

MSU NALSA Tribal Court Event TOMORROW (Veterans Day)

Matthew L.M. Fletcher1 Comment

09-STU-18 NALSA Poster

UCLA Conference Announcement: Indigenous Peoples’ Rights in the International Human Rights Framework

Matthew L.M. Fletcher

From Angela Riley:

Please Save the Date! Friday, January 22, 2010

The UCLA American Indian Studies Center

in conjunction with

The UCLA School of Law Journal of International Law and Foreign Affairs

will present a one-day Symposium, tentatively titled:

Indigenous Peoples’ Rights in the International Human Rights Framework — A Comfortable Fit?

This Symposium will bring together internationally-renowned scholars whose work focuses on issues pertaining to indigenous peoples’ group rights, with a particular emphasis on potential conflicts that arise for collective, indigenous claims within the international human rights framework.

Confirmed Keynote:

Professor S. James Anaya, Special Rapporteur to the UN Permanent Forum on Indigenous Issues, and Professor of Law, Arizona Law School

Please be on the lookout for more information as the date approaches. We do hope you will join us!

FBA Mid-Year Indian Law Conference Agenda

Matthew L.M. Fletcher1 Comment

FBA/NNABA/NABADC DC Mid-Year Annual Indian Law Conference

National Museum of the American Indian

Friday November 13, 2009

8:00am-5:00pm

8:00-9:00         Registration

8:30-9:00         Welcome & Prayer

9:00-9:30         Federal Court Update

  • Richard Guest, Supreme Court Project, Native American Rights Fund

9:45-11:00        Ethics: Inter-Tribal Investment & Co-Ownership: Who Is your Client?

Many economically successful Tribes are looking for ways to diversify their economy, and many are investing in other Tribes. Other Tribes are looking to share limited resources through co-ownership opportunities for economic ventures, but also for co-management of land with shared interests such as sacred sites. This panel will explore some of the benefits and impediments to inter-tribal projects, as well as some of the ethical issues raised for attorneys. Specifically, do we as Tribal attorneys have a larger obligation to Indian people, and how does that work when all parties involved are Tribal entities?

Moderator: Heather Dawn Thompson, Partner, Sonnenschein, Nath & Rosenthal

  • Ron Solimon, President & CEO of the Indian Pueblo Cultural Center, Inc
  • Jim Bittorf, Deputy Chief Counsel, Oneida Tribes of Wisconsin, Counsel on Four Council Fire Tribes project
  • Little Fawn Boland, Rosette Law Firm, Counsel on Rumsey (Yocha Dehe)-Guidiville Rancheria project

11:15-12:30       Beyond Land-Into-Trust: Creative Land Ownership Options for Tribes

There are a number of creative ways for tribes to own land other than as federal trust land, such as federal restricted fee and conservation easements. Considering the practical problems with land-into-trust as well as the sovereignty concerns with the federal government “owning” the land, what options are available?

Moderator: Stacy L. Leeds. Professor of Law and Director, Tribal Law and Government Center, University of Kansas School of Law

  • Doug Nash, Director, Institute for Indian Estate Planning and Probate, Seattle University School of Law
  • Richard Monette, Associate Professor of Law, Director, Great Lakes Indian Law Center, University of Wisconsin School of Law
  • Brian Sawers, O’Connor Fellow, Arizona State University College of Law
  • Robert Odawi Porter, Professor of Law, Dean’s Research Scholar of Indigenous Nations Law, Director, Center for Indigenous Law, Governance & Citizenship, Syracuse University College of Law

12:30-2:00 Lunch Keynote:     Hilary Tompkins, Solicitor, Department of Interior Continue reading →