Federal Indian Bar 2008 Final Agenda

33rd Annual Federal Bar Association Indian Law Conference

Identity in Flux: Challenging Outsider Definitions of Tribalism

Agenda in PDF

Federal institutions actively shape many aspects of modern Indian identity in a variety of ways, such as defining tribal actions as “governmental” or “commercial” in nature or by connecting tribal jurisdiction with the extent to which tribal institutions mirror the practices of non-Indian institutions. The 2008 Federal Bar Association Indian Law Conference will examine these issues through discussions on tribal finance, labor concerns in Indian Country, tribal courts, Indian energy policy, and the future of plenary power in the legislative arena, for example, recognition of Native Hawaiians. On the other hand, federal inaction also shapes Indian identity and impacts how tribal people define themselves. In that vein, the 2008 Conference will offer discussions on the loss of traditional homelands due to rapid climate change impacts on Alaskan Native lands and on tribal fisheries, as well as international efforts on behalf of indigenous peoples, including analysis of the adoption of the Declaration on the Rights of Indigenous Peoples. The Conference also will feature a historical review of major Indian law decisions and legislation, “The Federal Government Giveth and It Taketh Away,” marking the 30th, 40th, and 100th anniversaries (Oliphant, Santa Clara Pueblo, Wheeler, ICWA, IGRA, ICRA, Winters), as well as forecasts for the continuing future impact of the doctrines they espouse. A Conference ethics panel will address ethical issues surrounding lobbying and federal legislative efforts impacting Indian tribes.

Read about the agenda below the fold.

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Reminder: Felix Cohen’s Indian Law Legacy — Friday, March 28, 2008

Tomorrow, we host “Felix Cohen’s Indian Law Legacy.” Speakers include Bethany Berger, Sam Deloria, Sam Hirsch, Riyaz Kanji, and Christian McMillen.

Here’s the poster.

NILL Blog Posting on Model Tribal Secured Transactions Act

From NILL:

The conference proceedings for “Sovereignty symposium 2007 : making medicine” (2007) provide a wealth of information on the Model Tribal Secured Transactions Act. The Act itself is provided, along with analysis, sample tribal codes/regulations and sample tribal compacts (or intergovernmental agreements). Much of the information is reprinted with permission from the National Conference of Commissioners on Uniform State Laws and can be accessed at the NCCUSL’s web site.

For more information, go to the National Indian Law Library’s online catalog at http://nillcat.narf.org/ Then type “security law” into the Subject Terms field.

Felix S. Cohen Panel at MSU Law College March 28

Our mini-symposium on “Felix Cohen’s Indian Law Legacy” will be held next Friday, March 28, 2008, starting at 11AM in the Castle Boardroom at the law college. Our speakers include Sam Deloria, Christian McMillen, Riyaz Kanji, Sam Hirsch, and Bethany Berger.

We will be celebrating the recent publication of three books: (1) Cohen’s Handbook of Federal Indian Law; (2) Christian McMillen’s “Making Indian Law: The Hualapai Land Case and the Birth of Ethnohistory“; and (3) Dalia Tsuk Mitchell‘s “Architect of Justice: Felix S. Cohen and the Founding of American Legal Pluralism.” Unfortunately, Prof. Tsuk Mitchell can’t make the conference.

A fourth book, edited by David E. Wilkins, “On the Drafting of Tribal Constitutions,” was recently published by the University of Oklahoma Press — a little too late for our planning.

This panel is funded in part by the Michigan Humanities Council, an affiliate of the National Endowment for the Humanities.

Wildenthal on Donovan v. Coeur d’Alene Tribal Farm — MSU Law Review

Bryan Wildenthal has posted “How a Ninth Circuit Panel Opinion Overruled a Century of Supreme Court Indian Law Jurisprudence — And Has So Far Gotten Away With It” on SSRN. This paper is part of the Michigan State Law Review’s symposium on federal labor law and tribal sovereignty.

Here’s the abstract:

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Lewis & Clark Tribal Economic Development Symposium

From Lewis & Clark Law School:

Spring Symposium 2008 Schedule of Events

April 4, 2008 

8:00 – 8:30 a.m. Registration and Continental Breakfast

8:30 – 8:45 a.m. Welcoming Remarks

Dean Klonoff, Associate Dean Lisa LeSage

8:45 – 9:30 a.m. Keynote Address

Kevin Gover
Introductions by Professor Robert Miller

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Fed Bar 2008 Save the Date Flyer

“Identity in Flux: Challenging Outsider Definitions of Tribalism”

Fed Bar 2008 Save the Date Flyer

Winters Centennial Conference — Santa Anna Pueblo — June 9-12, 2008

THE WINTERS CENTENNIAL:
WILL ITS COMMITMENT TO JUSTICE ENDURE?

June 9-12, 2008
Hyatt Regency Tamaya — Santa Ana Pueblo, New Mexico

The year 2008 marks the centennial of Winters v. United States, in which the Court formulated the reserved water rights doctrine now broadly asserted by Indian tribes and federal agencies. The decision, because of its enduring promise of justice to Native Americans, marks one of the great achievements of American jurisprudence.  The decision made possible the continuity of many Indian communities and non-Indian communities alike, along with the protection of important environmental resources. Now, one hundred years later, the question is whether the promise of Winters will be fulfilled. In celebration of the Winters Centennial, the Utton Transboundary Resources Center and the American Indian Law Center will convene a major symposium in June 2008 along the waters of the Rio Grande near Albuquerque. The symposium will review the legal and cultural history of the decision, assess the contemporary consequences of the reserved water rights doctrine (both nationally and internationally), and project the significance of Indian water rights into the 21st Century. The goal of the symposium is to assemble Indian reserved rights policy makers and decision makers at all levels in order to deepen the understanding of the effect of Winters and to advance the dialogue regarding the future role of reserved rights.

KU Tribal Law and Governance Conference Agenda

Kansas’s Tribal Law and Government Center is hosting the 2008 conference on Feb. 1, 2008. Speakers include Lance Morgan, Howard Valantra, Phil Frickey, Stacy Leeds, Angelique EagleWoman, Taylor Keen, Russ Brien, and others. Looks like a great field! H/T Legal Scholarship Blog:

The agenda is here.

AALS Annual Meeting in Manhattan — Indian Law Related Panels

The 2008 AALS Annual Meeting starts today. Here is the speaker listing for the two (mainly) Indian Law panels. Both are Saturday afternoon:

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