NABA-DC 2024 Summer Brownbag Series – Open to ALL Students & Recent Grads Interested in Indian Law and Policy Careers in DC
Every summer, the Native American Bar Association – DC organizes events and programs for summer interns working in the field of Indian law and policy. The NABA-DC programs include the Brownbag Program and Mentorship Program. Through each program, interns will be able to meet and engage with attorneys and policy staff currently working in DC on issues impacting Indian Country.
Brownbag Program: The NABA-DC Brownbag Program is for interns working in the field of Indian law and policy. This summer, NABA-DC will host Brownbag events with host offices such as government agencies, law firms, and non-profit organizations. You will get a chance to directly engage with attorneys and policy advisors currently working in DC on issues impacting Indian Country. You will learn about their own personal career paths and the issues they work on each day. If you have any questions about the NABA-DC Brownbag program, please contact nabadcbrownbag@gmail.com. If you are interested in participating in the Brownbag program this summer, sign up here: https://forms.gle/fbpfPGmTC84baoFC7
Mentorship Program: NABA-DC coordinates a mentorship program each summer to give interns working or interested in Indian law and policy a personal networking experience. Interns are matched with professionals working in Washington D.C., with efforts made to find mentors who are working in the same fields the interns wish to enter, enriching the interns’ educational experience in D.C. and connecting practitioners with the next generation of Native leaders. The mentorship program is for interns and professionals who will physically be in D.C. this summer, but the program will consider limited exceptions for virtual mentorship. If you have any questions about the NABA-DC mentorship program, please contact nabadcmentorship@gmail.com. If you are interested in being a mentee this summer, sign up here: https://docs.google.com/forms/d/e/1FAIpQLSeJUxLQ3Od3IYZ0PodZX60lv9vqmpmd6EsvYbIVWckB0-ZW-g/viewform?pli=1
Lauren van Schilfgaarde has posted “(Un)Vanishing the Tribe,” forthcoming in the Arizona Law Review, on SSRN. Here is the abstract:
The U.S. Supreme Court has revived a century-old rhetoric that frames Tribal sovereignty as vanishing. The logic behind this reasoning is often cloaked behind concerns for states’ equal footing and interests. But once the veneer is removed, the Court’s reliance upon what I term the “vanishing Tribe trope” reveals a lawless foundation, and ultimately harms the legal principles of sovereignty it proports to enforce.
Like nation-state sovereignty, Tribal sovereignty is rooted in international norms reflecting the self-determination rights of peoples to territorial integrity, political unity, and to be free from nonintervention. International legal norms recognize dominant-dependent sovereign relations, like that between the U.S. federal government and Tribes, as negotiated power imbalances between sovereigns that nevertheless preserve their respective sovereignty and thereby preserve sovereignty broadly. Within federal Indian law, Tribal sovereignty has long been a volatile legal doctrine. Nevertheless, federal Indian law’s international roots are reflected in the federal Indian legal principle that Tribal self-government should be persevered unless Congress clearly expresses otherwise.
Such legal principles, however, are only as valuable as courts value Tribes. In the late nineteenth century, despite the fortitude of sovereignty terminology, courts often dismissed Tribal sovereignty because they perceived Tribes as vanishing. Tribes would soon be gone, so the thinking went, and so courts need only give passing concern to threats to Tribal sovereignty as those threats would soon be moot. In short, Tribal sovereignty was “temporary and precarious.” But Tribes did not vanish. Rather, Tribes are thriving, and their sovereignty is now framed in their perpetual rights to self-determination. So why then, did the U.S. Supreme Court in Oklahoma v. Castro-Huerta, hold that Tribal sovereignty had once again been implicitly divested? In citing to historically fraught late nineteenth century cases, the Court has revived antiquated views of Tribes as inferior, and inevitably vanishing. Tribes’ vanishing status permits the Court to abandon judicial restraint and imply unauthorized intrusions into Tribal sovereignty. The Court was disturbingly out-of-step with contemporary understandings of Tribal sovereignty, and consequently threatens any legal foundations on which to rely and plan for a future.
To anticipate a future that includes Tribes necessitates contending with the Court’s new embrace of the vanishing Tribe legal doctrine in Castro-Huerta and its company—doctrine that envisions a Tribe-less future. Castro-Huerta frames the Tribal-federal sovereign-to-sovereign framework as crumbling pillars limply bracing a precarious and temporary Tribal sovereignty. Anticipating Tribal futures must dismiss these crumbling pillars and will require not just contending with the vanishing Tribe trope, but with the need to build an entirely new sovereign-to-sovereign framework.
In light of the federal government’s willingness to consider new methods of tribal consultation, this article builds on previous scholarly work by arguing that the goal of tribal consultation should be consent. This conclusion is buttressed by tribal treaty language, the federal trust relationship, and the dictates of the FPIC requirement. The federal government should adopt language suggesting that consent is the goal unless not legally possible. Federal officials must be educated on tribal sovereignty, treaties, and the federal trust relationship. Consultation must begin as soon as possible in the decision-making process. Tribes should be engaged to better understand how they wish to participate in consultation. Federal officials must collaborate with their tribal counterparts in a bilateral, respectful way. And, in addition to the federal government, it may also be in the best interest of third parties, such as corporations, to assist tribes and the federal government in finding effective and meaningful consultation, as failure to do so could prove costly. Incorporating these recommendations will hopefully move us away from the broken status quo toward meaningful, legal consultations leading to consent in most instances – promoting tribal sovereignty over box-checking.
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