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.”

Indigenous Law Conference Materials Now Available for Attendees

Thank you to our 2021 sponsors!

Artist: Shayleen (Shay) Finley, Arrow Lakes Band of the Colville Tribes

Registered attendees have received access to the conference materials, recordings, and CLE forms on the Participant Portal ( Check your email for more information. The conference was approved for 9.75 CLEs including 1.25 Ethics CLEs by the Minnesota State Board of Continuing Legal Education.

2021 Annual CLE of the Indian Law Section of the New Mexico State Bar

Please join us for the 2021 Annual CLE of the New Mexico State Bar’s Indian Law Section on November 4, 2021!

Register here.

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2021 Annual Indian Law Institute: Continuing to Advance the Profession in Times of Uncertainty

Webcast Program | Thursday, November 4th: 9:00am-5:00pm (MT) | 4.0G, 2.0 EP

Join the Indian Law Section of the New Mexico State Bar for the “Continuing to Advance the Profession in Times of Uncertainty” Annual CLE!

Topics to include:

Indian Law Update

H. Chico Gallegos, Gallegos Law Office

Indian Water Law

Prof. Gabe Pacyniak, UNM School of Law

Richard W. Hughes, Rothstein Donatelli LLP

Stanley Pollack, Contract Attorney, Navajo Nation Department of Justice

Tribal Tax Law

Carolyn Abeita, VanAmberg, Rogers, Yepa, Abeita, Gomez & Wilkinson, LLP

Ann Rodgers, Chestnut Law Offices, PA

Darrin Rock, Tax Administrator, Santa Clara Pueblo

Hot Topics in Indian Law

Matthew Campbell, Native American Rights Fund (NARF)

Joel Williams, Native American Rights Fund (NARF)

Supreme Court Indian Law Decisions

Professor Elizabeeth Reese, Stanford Law School

Stephanie Hudson, Oklahoma Indian Legal Services

Cory Albrightm Kanji & Katzen P.L.L.C.

Practice in Tribal Court – Ethical Rules

Honorable Robert Medina, Judge, Pueblo of Tesuque Tribal Court

Honorable Vincent Knight, District Court Judge, Comanche Nation

Robert Bamberger “Bam” Greiwe, Public Defender, Pueblo of Zuni

****Optional Attendance****

Annual Meeting to be presented at 12 noon during the lunch break

Cultures Under Water: Climate Impacts on Tribal Cultural Heritage CLE

December 6* -8, 2017
8 a.m. – 7:30 p.m.
Memorial Union, Ventana Ballroom
1290 S. Normal Ave., Tempe, AZ 85287
Tempe campus

Extreme weather and climate events have increased over the past 50 years and Indigenous peoples are among the most vulnerable to the adverse effects because they are often inextricably tied to their land. As a result, climate change not only threatens the landscape, but also cultural identity. Indigenous peoples have used traditional knowledge to mitigate climate disruptions and to adapt to the changing environment. However, policy discussions have failed to adequately address climate impacts on cultural heritage, and the rapid rate of climate disruptions continues to threaten indigenous cultures and communities with alarming speed. This conference will build on the discussions of climate change, adaptation, and traditional knowledge by focusing specifically on climate impacts on tribal cultural heritage.

We will bring together tribal leadership and members, scientists, scholars, attorneys and activists to discuss climate change threats and challenges faced by indigenous communities. The goal is to share knowledge and resources with tribal representatives to respond to threats to cultural heritage by addressing: Is cultural heritage a human right, and why is tribal cultural heritage important? How does climate change impact tribal cultural heritage? How can tribal communities maintain cultural heritage in the face of changing climate risks? Attendees will participate in sessions that focus on identifying obstacles and proposing solutions to these challenges.

*Note: December 6 is evening only and will feature Before The Flood by Fisher Stevens. This film features Leonardo DiCaprio with contributions by many scientists and researchers from around the world, who meet and discuss the reality of climate change in various locations on five continents as they witness climate change firsthand.

On the evening of December 7, there will be a staged reading of nationally acclaimed playwright Mary Kathryn Nagle ’s play, Fairly Traceable. This play tells the story of two young attorneys – one a citizen of the Ponca Tribe of Oklahoma, the other a citizen of the Pointe-au-Chien Indian Tribe in southern Louisiana – who are both fighting to save their Tribal Nations and families from climate change.  Click here to read reviews.

  • State Bar of Arizona does not approve CLE activities, however, this activity may qualify for approximately 7 credit hours, plus 1.5 credit hours for the Fairly Traceable play. Total of 8.5 credit hours.

Register at:
Questions? Contact Jennifer Williams at or 480-727-0420

California Indian Law Association CLE Webinar November 30

CILA CLE Webinar


Please join CILA for its CLE webinar hosted in partnership with Ceiba Legal, LLP on November 30, 2016 at 12:00 p.m.

The webinar is titled “Born Again Compacts: How an Evolution in the Definition of ‘Gaming Facilities’ May Lead to a More Intelligent Design of Intergovernmental Agreements,” and will feature a discussion of the following topics:

  • Kevin Washburn’s recent journal article entitled “Recurring Issues in Indian Gaming Compact Approval,” including a general overview of allowable topics for negotiation under the Indian Gaming Regulatory Act;
  • How ancillary facilities such as hotels have been impermissibly included in compacts and county intergovernmental agreements;
  • Recent California trends related to ancillary facilities and how practitioners can use these new trends to their advantage when negotiating or renegotiating intergovernmental agreements; and
  • The unique ethical issues faced by attorneys when negotiating the best deal for the tribal client may set negative precedent for Indian Country.

Participants will receive 1 CLE credit.

Registration is free for CILA members and non-members may register for $50.00. The $50.00 registration fee includes CILA membership from October 2016 to October 2017.

Oklahoma Bar Indian Law CLE 2016

The Legal Power of Indian Tribes 

Please join the Indian Law Section of the Oklahoma Bar Association for a full day CLE event.
Where: the new campus of the OCU School of Law in downtown Oklahoma City, 800 N. Harvey
When: Friday September 30, 2016 from 8:30 AM until 3:00 PM
CLE Credits: 6.0 total credits, 1.0 ethics (application pending)
Cost: $30.00, FREE for the Indian Law Section and Government and Administrative Law Practice Section
Register at
For questions, please contact Valery Giebel, or 918-581-5529


Full Faith and Credit of Tribal Judgments in State and/or Federal Court
Dianne Barker-Harrold, Indian Country Consultant, Attorney for Tribal Counsel of Cherokee Nation and Chief Judge of the Pawnee Nation
Probates of Restrictive Indian Land
Stephanie Hudson, Senior Attorney at Oklahoma Indian Legal Services
Inter-Tribal Disputes (Ethics)
John Parris, Private Practice Attorney in Indian Country
Supreme Court Round-Up
Casey Ross, Director of American Indian Law and Sovereignty Center and General Counsel of Oklahoma City University School of Law
Land Development in Indian Country
Brenda Golden, Attorney and Professor of Indian lands at College of Muscogee Nation
Oklahoma, Chickasaw, Choctaw, Oklahoma City Water Settlement
Stephen H. Greetham, Chief General Counsel to Chickasaw Nation

Additional Sponsors: Cherokee Nation Supreme Court
Judge Thomas S. Walker, Appellate Magistrate for CFR Court (retired)
OBA Administrative and Government Law Practice Section
Crowe and Dunlevy

Black Hills CLE Coming Up July 22 in Rapid City

Don’t miss the Black Hills settlement CLE Course July 22 in Rapid City, S.D.

Register today for ILTF’s Continuing Legal Education (CLE) course on the Black Hills settlement. The course, which is open to the public, will cover the Black Hills Claim (Docket 148-78) and the 1851 Treaty Title Claim (Docket 74).

The course will be held at the Comfort Suites Hotel and Convention Center in Rapid City, S.D., on Friday, July 22, 2016 from 10 a.m. to noon.

Click here to register now

The fee to attend is $200 for attorneys receiving CLE credits. Admission is free for law students and the Governor of South Dakota. Others may attend for a nominal contribution of $30 to ILTF to help offset costs of the event. Refreshments will be provided.

Instructor: Mario Gonzalez, Esq. of the Gonzalez Law Firm in Rapid City. Mr. Gonzalez has worked as an attorney for the Oglala Sioux Tribe and other tribal entities for more than 30 years. He is an expert on the Black Hills settlement.

Please direct questions about the Black Hills CLE to Nichlas Emmons at

Nebraska State Bar Indian Law Section CLE

Nebraska Bar ILS CLE

The Nebraska State Bar Indian Law Section will be hosting an Indian Law CLE that will focus on Indian Law 101 information for jurisdiction, ICWA, and tribal court practice.

The CLE will be webcast, so other attorneys from other states can register and gain CLE credit.

Montana Law School 2016 Summer Indian Law Program

UPDATED: New card with class descriptions.

Download course card here.

2016 Course Schedule

Indian Law Research

Credits:Professor: Stacey Gordon Dates: June 6 – 10 Time: 9:00 a.m. – 11:30 a.m.

CLE Credits: 11.5 (pending) CLE Tuition: $650 CLE Registration: Online

Given that American Indian and Alaska Natives are sovereign governments, the field of American Indian and Indigenous Law encompasses distinct legal issues and sources. Researching both federal Indian law (the relationships between tribal governments and the U.S. government) and tribal law (the law of individual tribes) requires a unique set of tools and research skills . In this course, students will learn the skills and sources necessary to research general Indian law issues as well as the very specialized skills and sources used in researching the legal history of a tribe, including reserved treaty rights. The course will cover researching treaties, Indian land claims, statutory and case law, and tribal law.

Mastering American Indian Law

Credits:Professor: Maylinn Smith Dates: June 13 – 17 Time: 9:00 a.m. – 12:00 p.m., 1:00 p.m. – 3:00 p.m.

CLE Credits: 23.75 (pending) CLE Tuition: $1,300 CLE Registration: Online

This course looks at fundamental aspects of American Indian law and provides a basic understanding of core Indian law principles, both on the federal and tribal level. The course familiarizes participants with the development of foundational concepts in the area of Indian law and addresses the continuing impact of federal legislation and court actions on tribal governance structures and principles of sovereignty. In addition to providing substantive information on legal principles associated with American Indian law, participants with engage in practical skills building exercises that build upon the substantive materials being covered.

Energy in Indian Country

Credits:Professor: Monte Mills Dates: June 20 – 24 Time: 9:00 a.m. – 11:30 a.m.

CLE Credits: 11.5 (pending) CLE Tuition: $650 CLE Registration: Online

This course will trace the history of energy development and related issues in Indian Country, discuss the statutory, regulatory, and other legal issues that arise in that context, and provide participants with background and perspective on the issues currently facing Indian tribes interested in pursuing energy development. In doing so, we will learn more about the social, cultural, and other policy issues faced by tribes when considering decisions about development and examine the federal government’s role in fulfilling it trust responsibilities to Indian tribes engaged in energy-related activities.

Indian Gaming

Credits:Professor: Melissa Schlichting Dates: June 27 – July 1 Time: 9:00 a.m. – 11:30 a.m.

CLE Credits: 11.5 (pending) CLE Tuition: $650 CLE Registration: Online

This class reviews federal statutes, regulations, and case law pertaining to Indian gaming issues. Participants will learn about contemporary issues affecting Indian gaming, the gaming regulation system, and the compacting process. Special emphasis will be placed on Montana tribal gaming concerns.

Supreme Court Jurisprudence and Indian Country

Credits:Professor: Matthew Fletcher Dates: July 5 – 8 Time: 9:00 a.m. – 1:00 p.m. Course Capacity: 30 Students

CLE Credits: 12 (pending) CLE Tuition: $650 CLE Registration: Online

This course will introduce participants to the distinctive constitutional issues arising from and affecting Indian country. The initial portion of the class will cover the legal history of federal Indian law, dating from pre-constitutional times, the Marshall Trilogy, the Plenary Power Trilogy, to the modern era of federal Indian law beginning in 1959. The main portion of the class will address critical modern era cases and their impacts on contemporary tribal governance and Indian affairs.

Indian Water Law

Credits:Professor: John Carter Dates: July 11 – 15 Time: 9:00 a.m. – 11:30 a.m. Course Capacity: 25 Students

CLE Credits: 11.5 (pending) CLE Tuition: $650 CLE Registration: Online

This course provides information about the various aspects of Indian water law and addresses the historical sources for Indian water rights, the scope of Indian water rights, protection of Indian water rights and the compacting process.

Current American Indian Legislative Issues

Credits:Professor: Kevin Washburn Dates: July 18 – 22 Time: 9:00 a.m. – 11:30 a.m.

CLE Credits: 11.5 (pending) CLE Tuition: $650 CLE Registration: Online

Federal Indian law and policy develops in the courts, in Congress, and in federal agencies. This course will focus on the legislative and administrative processes in forming laws and regulations, but will also explore the relationship between the courts and these other forums by focusing on Congressional and administrative reactions to decisions in the Supreme Court and the lower courts. The content of the course will include recent developments in the 114th Congress and the Obama Administration.