In this episode, renowned experts on American Indian law and policy, Matthew Fletcher and Wenona Singel, discuss the nuanced and highly complex field of American Indian Law. Matthew and Wenona begin by exploring the history of tribal sovereignty, and discuss the rights of American Indians as both tribal citizens and U.S. citizens. We then explore jurisdiction across border lines, particularly in a criminal context. Matthew and Wenona discuss the history of violence against native women, and why, until recently, prosecution has been so difficult. The history of and current U.S. court challenges to the Indian Child Welfare Act are also examined.
Matthew Fletcher Presents Indian Law Restatement
Matthew Fletcher, Reporter on the Restatement of the Law, The Law of American Indians, and Professor of Law at Michigan State University College of Law, recently presented on the Restatement and why it matters to everyday practitioners, at the Spokane County Bar Association’s Sixth Annual Indian Law Conference. The first chapter of the Restatement was presented to the membership for approval on May 19. Sections one through nine of the Restatement were approved. The sections include topics focusing on Indian tribes, federal-tribal relationship, American-Indian Treaty Law, federal legislation, and breach of trust claims.
The Restatement Third, The Law of American Indians, aims to cement a set of generally agreed-upon foundational principles that could shape further developments in the field. Topics to be considered include federal/tribal relations, state/tribal relations, tribal jurisdiction and authority, and Indian Country business law. Matthew L. M. Fletcher of Michigan State University College of Law has been appointed Reporter for the project. Wenona T. Singel, also of Michigan State, and Kaighn Smith, Jr., of Drummond Woodsum in Portland, ME, will serve as Associate Reporters. View the lists of project participants.
Anyone with a serious interest in being a part of this project should apply for membership with the ALI. The next deadline is Jan. 15, 2013.
Today, I will be make a presentation at the 2012 American Law Institute annual meeting (agenda here) in support of a proposed restatement or principles project on American Indian Law.
I organized a meeting on behalf of the ALI in March here in D.C. to discuss whether the ALI could effectively contribute the field (coverage of the meeting is here):
On March 29, the Institute hosted a conference on American Indian law at The Mayflower in Washington, DC, to discuss whether the ALI could produce work that would have a positive impact in the area of American Indian law. Among those attending the meeting, moderated by Professor Matthew L.M. Fletcher of Michigan State University College of Law, were government officials, judges, practitioners, and law professors with expertise in the field, including Deputy Solicitor General Edwin S. Kneedler; Arvo Mikkanen of the U.S. Attorney’s Office for the Western District of Oklahoma; Jon M. Sands, Federal Public Defender for the District of Arizona; Judges William Cameron Canby, Jr., and William A. Fletcher of the U.S. Court of Appeals, Ninth Circuit; Judge Diane P. Wood, U.S. Court of Appeals, Seventh Circuit; Patricia Ann Millett of Akin Gump in Washington, DC; John E. Echohawk of the Native American Rights Fund; Dean Kevin K. Washburn of the University of New Mexico School of Law; and Dean Stacy L. Leeds of the University of Arkansas School of Law.