Party or Amicus? Deciding When Your Tribal Nation Should Participate in Litigation: 2021 Indigenous Law Conference Day 2 Panel 2

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.

Party or Amicus? Deciding When Your Tribal Nation Should Participate in Litigation

November 5th, 2021 | 10:30am-11:45am ET | 1.25 CLE

This presentation is designed for In-House counsel who advise tribal leadership on whether to intervene or be amicus in litigation affecting their tribal nation. We will discuss the pros and cons of becoming a direct party, whether to directly participate in the case or seek to have it dismissed, types of intervention, reasons for filing an amicus brief, and the reasons why such a brief may or may not be a good idea in specific cases.

Speakers include:

Paul Spruhan: Assistant Attorney General, Navajo Nation DOJ

Chrissi Nimmo: Cherokee Nation, Deputy Attorney General for Cherokee Nation

Megan Topkok: Iñupiaq, Staff Attorney for Kawerak, Inc.

Moderator – Jamie Williams: Student, Michigan State University College of Law

Faith & Native Communities: Fighting for Freedom of–and from–Religion

Columbia University Law School Webinar

November 10th, 2021 12:10pm in Eastern Time

Register Here

Speakers

Matthew Fletcher

Matthew L.M. Fletcher is Foundation Professor of Law at Michigan State University College of Law and Director of the Indigenous Law and Policy Center. In 2021-2022, he will be the inaugural visiting professor for the UC-Hastings Indigenous Law Program. He sits as the Chief Justice of the Poarch Band of Creek Indians Supreme Court and also sits as an appellate judge for the Cabazon Band of Mission Indians, the Colorado River Indian Tribes, the Grand Traverse Band of Ottawa and Chippewa Indians, the Hoopa Valley Tribe, the Lower Elwha Klallam Tribe, the Mashpee Wampanoag Tribe, the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, the Pokagon Band of Potawatomi Indians, the Nottawaseppi Huron Band of Potawatomi Indians, the Rincon Band of Luiseño Indians, the Santee Sioux Tribe of Nebraska, and the Tulalip Tribes. He is a member of the Grand Traverse Band.

photo of Matthew Fletcher

April Youpee-Roll

April Youpee-Roll is a litigation associate at Munger, Tolles & Olson. Her practice focuses on complex civil litigation and investigations. Ms. Youpee-Roll also maintains an active pro bono practice focused on American Indian law. She has drafted and filed numerous amicus briefs in the federal appellate courts and the United States Supreme Court, and is a frequent speaker on Indian law issues. Prior to joining the firm, Ms. Youpee-Roll clerked for Chief Judge Sidney R. Thomas of the U.S. Court of Appeals for the Ninth Circuit and Judge Brian Morris of the U.S. District Court for the District of Montana. Ms. Youpee-Roll possesses nearly a decade of experience in federal and tribal policy. Before attending law school, she served as a research assistant to Senator Tim Johnson working on Indian Affairs, Judiciary and Appropriations matters. She also performed research on tribal governance and tribal-corporate relations for Harvard Kennedy School.

photo of April Youpee-Roll

Texas Appellate Court Suppresses Evidence Acquired by Tribal Police because of State’s Failure to Prove Tribe Had Power to Detain under Cooley

Here are the materials in State of Texas v. Astorga (Tex. Ct. App. El Paso):

Opinion

State Brief

Astorga Brief

Reply

Letter Brief

Ysleta del Sur Pueblo

2021 California Indian Law Virtual Panel Series

www.calindianlaw.org

October – December 2021 | Virtual Event // MCLE Credits Pending

ALL SESSIONS VIRTUAL. ZOOM LINKS SENT DIRECTLY TO REGISTERED ATTENDEES. 7.0 MCLE
CREDITS (CA) WILL BE SOUGHT.

November 4th, 2021

12:00 PM – 1:00 PM PST – 1.0 MCLE Credit
ETHICS PANEL – SUBSTANCE ABUSE
Attorneys should be aware of the professional obligations that could be adversely affected by
issues associated with substance abuse. Panelists will discuss how to recognize substance
abuse, behaviors that indicate it may be time to seek help, and the potential impacts of
untreated substance abuse on an attorney’s legal and professional responsibilities.
Virginia Hedrick, California Consortium for Urban Indian Health
Lauren van Schilfgaarde, UCLA School of Law

Community Gathering

FOLLOWING EACH PANEL, JOIN CILA FOR THE OPPORTUNITY TO NETWORK AND
SOCIALIZE WITH YOUR COLLEGUES AND A CHANCE TO WIN A GIVEAWAY!

November 18th, 2021

12:00 PM – 1:00 PM PST – 1.0 MCLE Credit
TAXATION: HOT TOPICS

Join our expert panelists for a lively discussion surrounding taxation in Indian Country. This panel will provide an overview of current tax legislation affecting Tribal communities in the State of California

Michelle LaPena, Rosette, LLP
Maria Brosterhous, Franchise Tax Board
James Dahlen, California Department of
Tax and Fee Administration

December 3rd, 2021

12:00 PM – 1:00 PM PST – 1.0 MCLE Credit
INDIGENOUS LANDBACK

Indigenous landback experts will share
updates on the federal fee-to-trust
process and the California Public Utilities
Commission’s recently-adopted policy
addressing land repatriation from
investor-owned utilities

Commissioner Darcie L. Houck,
California Public Utilities Commission
Charles W. Galbraith, Jenner & Block

December 16th, 2021

12:00 PM – 1:00 PM PST – 1.0 MCLE Credit
INFRASTRUCTURE IMPROVEMENTS

Physical and cultural infrastructure form the foundation for sovereignty and self-determination. Panelists discuss recent developments in federal funding opportunities that build on existing infrastructure trends.

Dawn Sturdevant Baum, Yurok Tribe
Sorhna Li (Jordan), Scotts Valley Band of Pomo Indians

Community Gathering

FOLLOWING EACH PANEL, JOIN CILA FOR THE OPPORTUNITY TO NETWORK AND
SOCIALIZE WITH YOUR COLLEGUES AND A CHANCE TO WIN A GIVEAWAY!

For Attorneys Seeking MCLE Credit:

CILA WILL SEEK RETROACTIVE APPROVAL FROM THE CALIFORNIA STATE BAR FOR MCLE CREDIT FOR EACH PAENL. WE WILL SEND CERTIFICATES TO QUALIFYING PARTICIPANTS UPON APPROVAL BY THE STATE BAR. CILA CANNOT GUARANTEE THAT APPROVAL FROM THE CALIFORNIA STATE BAR FOR MCLE CREDIT WILL OCCUR BEFORE THE FEB. 1, 2022 REPORTING DEADLINE.

North Dakota District Court Orders Eviction of Tribal Member from Indian Housing Authority Located on Fee Lands

Here is the opinion in Trenton Indian Housing Authority v. Poitra (N.D. Dist. Ct.):

District Court Decision

Upper Skagit Prevails over Sauk-Suiattle in U&A Litigation

Here is the decision in United States v. Washington, subproceeding 20-01 (W.D. Wash.):

47 DCT Order

Briefs are here.

Chinook fishing on Skagit River, NWIFC

Eighth Circuit Briefs in Minnesota Dept. of Natural Resources v. White Earth Band of Ojibwe

Here:

Opening Brief

Answer Brief

Amicus Brief

Lower court materials here.

Shifting the Balance of Power: Self Governance and Consultation: 2021 Indigenous Law Conference Day 2 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.

Shifting the Balance of Power: Self Governance and Consultation

November 5th, 2021 | 9:00am-10:15am ET | 1.25 CLE

Self governance is an exercise of tribal sovereignty and self-determination. Tribal self governance is, at its core, a framework for tribal progress because it empowers tribes. This panel will explore the history and key milestones of the tribal self governance movement, with an emphasis on recent developments and upcoming challenges for the expansion of self governance in agencies outside of the BIA and IHS.

Speakers include:

Rob Roy Smith: Managing Partner, Kilpatrick Townsend & Stockton LLP

Geoff Strommer: Partner, Hobbs, Straus, Dean & Walker, LLP

Debrah Gee: Navajo Nation and Muscogee (Creek) Nation, Chief Counsel for the Chickasaw Nation Office of Tribal Justice Administration

Moderator – Valerie Shuette: Student, Michigan State University College of Law

PBS Film Showing of “Warrior Lawyer” at the Dennos Museum

WARRIOR LAWYERS: DEFENDERS OF SACRED JUSTICE BY AUDREY GUYER

Thursday, November 4
7:00 p.m. followed by a discussion with the filmmaker & community

Warrior Lawyers: Defenders of Sacred Justice (2021) is a one-hour PBS documentary that is particularly timely and relevant given our country’s current reckoning with racial inequity and structural racism. The program focuses on the stories of Native American Lawyers, Tribal Judges and their colleagues who work with Native Nations and their citizens to achieve Sacred Justice. These unseen role models strive daily to address and resolve unique and complicated historical, governmental, legal, judicial and social welfare issues, which are most often rooted in discrimination, historical trauma and cultural destruction. Come take a journey into past and present-day Indian Country to learn of untold stories that shine a light on Native Americans rising up to create a new path for today and for the next Seven Generations.

This will be a free event, and no registration required. Please remember to bring your mask.

Links:

https://www.dennosmuseum.org/events/films.html

https://www.facebook.com/events/407774880739695

Ninth Circuit Decides Shingle Springs v. Caballero

Here is the unpublished opinion in Shingle Springs Band of Miwok Indians v. Caballero.

Briefs: