Two In-Person CLEs: Friday, October 15th

2021 Indian Law Seminar: Reconnecting Our Sovereign Nations

Friday, October 15, 2021 from
8:00 AM to 6:30 PM CDT

Where:
Mystic Lake Casino Hotel
2400 Mystic Lake Blvd.
Prior Lake, MN 55372

In previous years, the tribal leaders, scholars, and practitioners of our Indian law community gathered at the Federal Bar Association’s annual Indian Law Conference to share our knowledge, triumphs, and trials in the pursuit to protect the sovereignty of our tribal nations. As we return to congregating safely, our members now have the opportunity revive these important gatherings. In the spirit of perpetuating community, connection, and education in the Indian Law community, the Minnesota chapter of the Federal Bar Association along with the Minnesota American Indian Bar Association, the national FBA’s Indian Law Section, the New Mexico Chapter of the FBA, presents the 2021 Indian Law Seminar: Reconnecting Our Sovereign Nations. This seminar will run simultaneously with a seminar in New Mexico, and attendees will hear from two live panels and two simulcast panels in each state for CLE credit.

PDF version here.

Agenda available here.

New Mexico Chapter: Indian Law Seminar

October 15 @ 8:00 am – 3:45 pm MST

Where:

Sandia Resort & Casino, 30 Rainbow Rd
Albuquerque, NM 87113

This event is the first of its kind within New Mexico and Minnesota. We will be hosting live sessions in both states while providing live simulcast to our partner state. Our aim is to provide participants in both states and surrounding jurisdictions with content relevant to attorneys who practice in the field of Federal Indian law.

Topics include:
U.S. Supreme Court’s decision in United States v. Cooley
ICWA, State ICWA laws, and possible implications of Brackeen v. Haaland
Native Americans and the Criminal Justice System
Yellen v. Confederated Tribes of the Chehalis Reservation

Note: We have added a virtual participation option also! The cost is the same, so please register using the link below, and then email Roshanna Toya at roshannak.toya@gmail.com to request a link to the presentations.

Indian Law Issues in the News (10/14/2021)

Former U.S. Rep. Dale Kildee and Tribal leaders observe Pres. Obama sign the Tribal Law and Order Act in 2010

Detroit News: Former Michigan U.S. Rep. Dale Kildee dead at 92; championed Tribal issues

KFGO: Lower Brule Sioux Tribe asks federal judge to stop BIA from seizing money

Law360: Calif. Augustine Band of Cahuilla Indians Sues State Over Delayed Gaming Compact Talks

Law360: Oglala Sioux Tribe Won’t Help Army Corps’ DAPL Review

Taos News: The spark that changed Taos Pueblo forever

The Norman Transcript: Tribes talk intergovernmental agreements with state following McGirt ruling

Diverse Issues in Higher Education: Seven Tribes Request U of Alabama Return Human Remains From Archaeological Site

Yahoo News: Maxine Waters leads push to get justice for Black Native Americans

Michigan Tribes in the News (10/14/2021)

NPR: Young, Black Native activists say it’s time to appreciate Indigenous diversity

MLive.com: Bay Mills Indian Community plans to open marijuana dispensary in Flint Township

9&10 News: Michigan Tribes Condemn Canadian Government Over 1977 Treaty

WNMU: Activists call on Biden to back Michigan in Line 5 dispute

Law360: Juul, Altria Want Tribes’ Vape Claims Tossed From MDL

WKAR: Michigan observes Indigenous Peoples’ Day

Casino Review: Fruitport Township casino still awaiting governor’s approval

MLive.com: Michigan tribal leaders confident as federal investigation into Native American boarding schools takes next step

UM Record: Designation puts U-M Biological Station ‘at the halfway place’

The State News: Students gather at The Rock to celebrate Indigenous Peoples’ Day

Hawkins v. Haaland Cert Petition [tribal management of Klamath River]

Here:

Cert Petition

Question presented:

Does the federal government possess final decision-making authority over the management of water rights held in trust for an Indian tribe?

Lower court materials here.

UPDATE:

Oregon Farm Bureau Amicus

Brief in Opposition

Cert stage Reply

Indigenous Peoples and Climate Change: Preparing for COP26

Indigenous Peoples and Climate Change: Preparing for COP26

The University of Colorado’s American Indian Law Program and Getches Wilkinson Center invite you to “Indigenous Peoples and Climate Change: Preparing for COP26,” taking place:

Oct 20th, 2021, 12pm-1:15pm MT, via Zoom at https://cu.law/AILP

Moderated by Professor Kristen Carpenter, the panel features Fawn Sharp, President, National Congress of American Indians; Kim Gottschalk, Staff Attorney, Native American Rights Fund; and Andrea Carmen, Executive Director, International Indian Treaty Council.

On October 31, 2021, the world will gather in Glasgow for COP26, a major summit on climate change. As the U.S. rejoins the Paris Agreement, Indigenous Peoples, their traditional knowledge, and relationship with the earth are also at the forefront. Join Colorado Law for a discussion with Indigenous leaders and advocates to learn what’s at stake for all of us.

Federal Court Dismisses Most of Suit by MHA Nation over Spilled Oil on Trust Allotment

Here are the materials (so far) in Danks v. Slawson Exploration Co. (D.N.D.):

9-1 Tribal Court Decision

24 Amended Complaint

35 Slawson Motion to Dismiss

37 Slawson Motion for Summary J

38 Danks Combined Response to 35 and 37

40 Slawson Response

42 DCT Order to Show Cause

43 Danks Response 42

45 Slawson Response to 42

56 DCT Order

Tribal Traditional Law in Practice: 2021 Indigenous Law Conference Day 1 Panel 1

Please register to join us virtually for the 18th Annual ILPC/TICA Indigenous Law Conference!

For information about the agenda, sponsorships, and registration, please visit the event site.

Tribal Traditional Law in Practice

November 4th, 2021 | 10:30am-11:45am ET | 1.25 CLE

This presentation unravels the difficulties and reliabilities of incorporating traditional law into modern practices in the context of Diné Fundamental Law statute, oral testimony of the Jemez Pueblo’s elders, and Anishinaabe law and jurisprudence.

Speakers include:

Rodgerick Begay: Assistant Attorney General, DOJ Chapter Unit, Navajo National

Matthew L.M. Fletcher: Director & Professor, Indigenous Law & Policy Center, Michigan State University College of Law

Robert Alan Hershey: Clinical Professor of Law Emeritus, Indigenous Law & Policy Program, University of Arizona College of Law

Moderator – Alyana Jimerson: Student, Michigan State University College of Law

Oak Flat update

Arizona Republic: New estimate of Oak Flat mine’s water consumption fuels opposition as lawsuit, legislation advance

Diagram from The Proposed Resolution Copper Mine and Arizona’s Water Future, a report by James Wells, PhD, PG, L. Everett & Associates, Environmental Consultants, Sept. 2021

MILS Discussion and Presentation with NYT Best-Selling Author of “Firekeeper’s Daughter” Monday, October 25th at 7:00pm EST

Michigan Indian Legal Services and Uniting Three Fires Against Violence present a discussion with New York Times Best-Selling Author, Angeline Boulley. The author of Firekeeper’s Daughter will present with special legal guests and discuss the book, domestic violence, and criminal jurisdiction on tribal lands. The discussion will provide an interesting dissection of the relevant topics, along with the book’s unique setting in Michigan’s Upper Peninsula. Audience members are encouraged to bring their questions.

Monday, October 25th, 2021 at 7:00pm ET

Hosted on MILS Facebook page. You do not need a Facebook account to watch our live event. Just login at https://bit.ly/MichiganIndianLegalServices and you can view with us.

Pre-Registration (optional) here

Free and open to all

Distinguished Panelists include:

Angeline Boulley, Author of Firekeeper’s Daughter

Jeff Davis, of Counsel with Barnes & Thornburg, LLP, former AUSA Western District of Michigan

Hon. Jocelyn K. Fabry, Chief Judge of the Sault Ste. Marie Tirbe of Chippewa Indians Tribal Court

Hon. Melissa L. Pope, Chief Judge of the Nottawaseppi Huron Band of the Potowatomi Tribal Court

Prof. Kirsten Matoy Carlson, Wayne State University Law School

Indian Law Issues in the News (10/13/2021)

Native News Online: Tribes, Advocates Work to Fix a 30-year-old Loophole in Federal NAGPRA Law

Popular Science: Minnesota’s Line 3 pipeline threatens one of North America’s only native grains

MSU: Gordon Henry Appointed to New Endowed Chair Position

Law360: Justices Won’t Take Up Dispute Over (Miccosukee) Tribal Couple’s Taxes

NPR: Moccasin maker Minnetonka has apologized for appropriating Native American culture

Grand Forks Herald: Census undercount on Native American reservations complicates redistricting in South Dakota

WitnessLA: How The Criminal Justice System Disproportionately Harms Native American People