Upcoming ASU ILP Events

The Indian Legal Program at ASU College of Law presents:

Struggles in Federal Indian Law: Alaska Native Rights and the Katie John Litigation CLE Lecture

Jan 25, 2018 – 4:30 -6:00 pm / Beus Center for Law & Society / 11th Annual William C. Canby Lecture

Robert T. Anderson
Director, Native American Law Center, University of Washington 
Professor of Law, University of Washington 
Oneida Indian Nation Visiting Professor of Law, Harvard Law School

Free and open to the public.  Public reception to follow.  This will qualify for 1 general CLE credit.  More info & RSVP at:  https://law.asu.edu/canby

Unable to attend in person? View live/archived webcast at law.asu.edu/Canby2018. Link to Canby lecture flyer.

Wiring the Rez:  Innovative Strategies for Business Development via E-Commerce
The Fourth Annual Tribal Government E-Commerce Conference presented by the Indian Legal Program at ASU LAW

Thursday February 1- Friday 2, 2018  8 a.m. – 5:00 p.m.
Gila River Wild Horse Pass Hotel & Casino, Chandler, AZ

E-Commerce opportunities have created thriving economies on a few reservations, but they have also led to a complicated web of legal issues where state, tribal, and federal laws, policies, and interests can collide. Current tribal efforts to successfully operate ongoing endeavors, and to launch new ones, raise complicated economic and legal issues.

The goal of this conference is to explore the issues surrounding the development of Tribal Digital Sovereignty and E-Commerce in Indian Country including: jurisdictional complexities and the necessity of fostering open dialogue with federal and state counterparts, the changing political landscape, the possible implications to tribal sovereignty, and the ongoing need for tribes to finance and build infrastructures that facilitate economic growth on their reservations while complying with appropriate federal and state guidelines. Attorneys, financiers, scholars, iGaming, tax and cyberspace experts, and tribal entrepreneurs will share strategies and practical implementations of diverse business models of current and for future e‑commerce/infrastructure enterprises.

Conference Keynote and Featured Speakers:

  • Neal K. Kaytal, litigator, Partner with Hogan Lovells and Paul and Patricia Saunders Professor of National Security Law Georgetown Law (tentative)
  • Winona LaDuke, activist and Executive Director of Honor The Earth
  • Chris James, President and CEO of National Center for American Indian Enterprise Development.
  • Gary Davis, President and CEO of Native American Financial Services Association

Focus areas:  Shifting political landscape, financing the Wiring of the Rez, corporate formation models, regulatory & tax issues, cyber-security, sports betting, and innovative entrepreneurship. Early registration ends Jan 5.   Register early to save!   http://events.asucollegeoflaw.com/ilp-wiringtherez/

Non-profit and tribal governments rates available.  Agenda download

Tenth Circuit Dismisses Caddo Sacred Sites Dispute with Wichita for Mootness

Here is the opinion in Caddo Nation of Oklahoma v. Wichita and Affiliated Tribes.

Materials here.

Attorney for Menominee Tribe Nominated for WI State Bar Position

Here.

Ninth Circuit Briefing in A.D. v. Washburn (Goldwater Litigation)

Here is the case page.

20_Opening Brief_09-01-2017

40_AZResponse

41_GilaNavajoResponse

42_USResponse

And yes, the case caption should eventually change–Carter et. al. v. Tahsuda et. al. is how the U.S. brief is captioned.

Ninth Circuit Judge Alex Kozinski to Immediately Retire

From WaPo, here.

New Amended Complaint in ICWA Suit Texas (Brackeen) v. Zinke

The plaintiffs in the ICWA suit out of the federal court in Texas asked for time to file an amended complaint. It’s here. Case page is here.

Additional state parties are Indiana and Louisiana. Additional children involved are from White Earth and Ysleta del sur Pueblo.

A word of warning–I swore at the complaint by paragraph 4.

ETA: This interesting (related?) article out of Indiana: DCS Director Resigns 

Update in Comenout Litigation II

Here are updated materials in Comenout v. Pittman (formerly Comenout v. Pierce County Superior Court) (W.D. Wash.):

70 DCT order dismissing complaint

77 DCT order granting motion to file amended complaint

103 state official motion to dismiss

105 opposition

108 reply

110 DCT order

Prior posts here.

OIG Report: “Review of the Department’s Tribal Law Enforcement Efforts Pursuant to the Tribal Law and Order Act of 2010”

OIG Indian Country Crimes Report

Norton v. Ute Indian Tribe Cert Petition

Here:

Cert Petition

Question presented:

In light of the clear precedent of Nevada v. Hicks, 533 U.S. 353 (2001), which holds that state law enforcement officers are not subject to suit in a tribal court for claims arising out of the performance of their duties on tribal lands, did the Tenth Circuit Court of Appeals err in requiring Petitioners to exhaust their remedies in the Ute Tribal Court in order to determine whether that Court has jurisdiction to hear a trespass claim arising out of Petitioners’ performance of their official duties that the Ute Indian Tribe brought against them in the Ute Tribal Court?

Lower court materials here.

UPDATE:

Brief in Opposition

Reply

Oklahoma City Journal Record Op-Ed: “Government leaders should learn from tribes”

Here.

* the smartest PEOPLE in the room. -KF