Indian Law CLE: “Cutting Edge Indian Law Issues: McGirt v. United States Ramifications and Indian Child Welfare Act Constitutional Challenges”

This Indian law CLE is hosted by Thomas Reuters West LegalEdcenter and is available for on-demand viewing. See more information here.

Program Description:

“Under an 1833 treaty, the United States and the Muscogee (Creek) Nation agreed to set aside land for the latter’s occupation in the Indian Territory, now encompassed within the eastern half of the State of Oklahoma. An 1866 treaty reduced the reservation’s size.  Following the influx of non-Indian settlers in the latter half of the century and passage of various federal statutes to establish a uniform set of laws for both Oklahoma Territory and Indian Territory residents, Congress in 1907 admitted Oklahoma to statehood whose boundaries combined the Territories. Thereafter, the State and its courts treated the Creek Reservation as disestablished and all residents, regardless of Indian status, as subject to state law. In a 5-4 decision, however, the Supreme Court held that the Reservation remained intact and overturned state-law felony convictions of Jimcy McGirt, an Indian, for conduct within the Reservation. The majority reasoned that that the Reservation was not disestablished by Congress and therefore remains Indian country subject the Major Crimes Act, 18 U.S.C. § 1153, and not state criminal law with respect to offenses committed by Indians of the type for which McGirt was convicted. McGirt v. United States, 140 S. Ct. 2452 (2020).  

The McGirt decision raises substantial Indian-law doctrinal issues beyond the immediate question of reservation disestablishment. Ann E. Tweedy, Associate Professor, University of South Dakota Knudson School of Law, will explore those issues, particularly in light of other recent Supreme Court decisions and the Court’s changing composition. Anthony J. “A.J.” Ferate, Of Counsel, SpencerFane, is an Oklahoma practitioner with broad legal and governmental experience and will discuss McGirt’s on-the-ground impact. 

The United States, four Tribes, the State of Texas, and private parties filed petitions for writ of certiorari in September 2021 seeking review of the Fifth Circuit’s closely-divided en banc opinion in Brackeen v. Haaland, 994 F.3d 249 (2021). In complex and multi-pronged constitutional challenges to various provisions of the Indian Child Welfare Act and Administrative Procedure Act-based challenges to regulations issued by the Secretary of the Interior to implement ICWA, the court of appeals affirmed in part, reversed in part, and affirmed in part by an equally divided court without a precedential opinion a district court judgment that had accepted most of the challenges. Brackeen v. Zinke, 338 F. Supp. 3d 514 (N.D. Tex. 2018). It appears likely that the Supreme Court will grant review. Christina M. Riehl, Deputy Attorney General, California Department of Justice, Bureau of Children’s Justice, has been involved in the litigation from its outset through amicus filings on behalf of California and will discuss the constitutional issues raised by the certiorari petitions. 

The program will be moderated by Tania Maestas, Deputy Executive Director, Attorney General Alliance.”

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.

Kansas Indian Law CLE January 29

Here is the announcement.

Not to be too promotional, but they got three pretty solid presenters (no manel here!) for this CLE: 

Working for Tribal Clients – Ethics
An overview of ethical responsibilities and obligations of legal practitioners who represent tribal clients, including tribal nations, tribal organizations and tribal members. (1.0 Ethics CLE)
Presented by: Vivien Olsen, Managing Attorney for the Legal Assistance to Victims program of the Kansas Coalition Against Sexual and Domestic Violence.
 
Indian Child Welfare Act: Litigation and Legislation
Are you familiar with ICWA (1978)? Any attorney practicing in family law or child-related cases will benefit from this session where Professor Kate Fort will review ICWA and key cases from 2019 and 2020, including recent state legislation and court rules adopted to protect ICWA. (1.0 General CLE)
Presenter: Professor Kate Fort, Michigan State University, Indian Law Clinic
 
The Violence Against Women Act & the Missing and Murdered Indigenous Persons Crisis
4 in 5 Indigenous women will experience violence in their lifetimes. – National Institute of Justice Report
 
This session will discuss the re-authorization of VAWA efforts over the past two years and will discuss the most recent efforts to pass legislation that will address the crisis of missing and murdered Indigenous Persons in the United States. (1.0 General CLE)
Presented by: Mary Kathryn Nagle, member of Cherokee Nation, partner at Pipestem Law PC

Join us for the virtual ILPC/TICA Conference

Anishinaabewaki, East Lansing, MI—When COVID-19 created an atmosphere of uncertainty for conference and training programs in 2020, the Tribal In-House Counsel Association and the Indigenous Law and Policy Center responded. The pressures of many new conditions placed on tribal in-house counsel attorneys prompted us to host the webinar series known as QuaranTICA. QuaranTICA covered issues such as tribal court closures and child welfare concerns while also bringing insight, updates, and as always, good humor to issues affecting tribal attorneys. Now, we are back for more!

The 2020 Indigenous Law Conference will be hosted as a webinar for the first time ever. The date has also changed to accommodate this new format.

The important message here is: it is TICA time!

With some familiar faces and other speakers who are new to our virtual stage, join us November 10, 12, and 13, 2020 to hear follow-up discussions about child welfare and social services, COVID-19 related litigation, quarantine issues and their enforcement, and remote oral arguments. Stay tuned for new panels on voting rights and the McGirt decision. Plus, it isn’t TICA without a reception! We are delighted to host live music from across Turtle Island on the evening of the opening day of the conference—November 10th.

You can find all conference details including registration, the agenda at a glance, and sponsorship tiers at www.indigenouslawconference.com. Just like every year, the Indigenous Law Conference is the time to renew your TICA membership, which is included in the registration fee. The conference is free for law students who register with their current law school email.

Check the website to register. Prior to the event, you will receive a password to the Indigenous Law Conference Participant Portal where the Zoom links will be available.

The conference consists of 6 panels, each 1.5 hours long, and is approved for 9 CLE credits through the Minnesota State Board of Continuing Legal Education.

This year’s conference art is “I Will Show You The Stars” by Emily Courtney.
Visit www.indigenouslawconference.com to learn about the artist.