Judge Diane Wood

Update on 2013 National NALSA Moot Court Competition

Matthew L.M. Fletcher

NNALSA Moot Court Competition

The 37th Annual National Native American Law Students Association (NNALSA) Moot Court Competition is being hosted by the Lewis & Clark Law School in Portland, Oregon on February 22-23, 2013. Organized by the law school’s local NALSA chapter, this event will bring students from more than 28 schools to compete during a three-day tournament.

The NNALSA Moot Court Competition encourages the development of oral advocacy and brief writing skills and enhances substantive knowledge in the fields of Federal Indian Law, Tribal Law, and traditional forms of governance. The annual event requires competing law students, in two-person teams, to conduct research and write legal briefs, without assistance from professors or others, and argue against other student teams at the competition.

Judges for this event include Judge Diane Wood, United States Court of Appeals for the Seventh Circuit; Judge William C. Canby, Jr., United States Court of Appeals for the Ninth Circuit; and Dean Stacy L. Leeds, Dean and Professor of Law at the University of Arkansas School of Law and the first Native American women to lead a U.S. law school.

Check back for updates and register for the competition at Lewis & Clark’s NNALSA Moot Court website. If you have any questions, you can contact Jessie Young at jessieyoung@lclark.edu.

Commentary on Possible Obama SCT Nominees

Matthew L.M. Fletcher6 Comments

Now that the election is over, the commentaries on who President Obama might nominate to serve on the Supreme Court have begun in earnest. The crop of leading names, all of which is crazily speculative, are very exciting in general. There may be more Indian law judicial and practitioner experience in this group than ever before.

Here are a list of the more prominent names, taken from the ABA Journal’s list on page 63 of its November 2008 issue, and their import for Indian Country based on their experience in Indian law cases:

1. Judge Diane Wood

Judge Wood sits on the Seventh Circuit, which doesn’t hear very many Indian law cases, but she does have a significant track record.

She wrote the majority opinion in U.S. v. Long (2003), in which the court upheld the Duro fix prior to the Supreme Court’s decision in U.S. v. Lara. In Wisconsin v. EPA (2001), she wrote the majority opinion, in which the court held that the EPA’s decision to grant treatment-as-state status to the Sokaogon Chippewa Community was reasonable. In Sokaogon Chippewa Community v. Babbitt (2000), she wrote the majority opinion in a case the court held it was reasonable for the district court to reject the St. Croix Chippewa Tribe’s motion to intervene in a gaming case involving three other Wisconsin tribes. In Thomas v. United States (1999), she wrote the majority opinion holding that the LCO Chippewa Band’s tribal council was not a necessary party to a claim challenging the outcome of a Secretarial election. Most recently, in Burgess v. Walters (2006), she wrote the majority opinion upholding the State of Wisconsin’s action in committing an Indian based on the PL280 criminal/prohibitory — civil/regulatory analysis.

Without a doubt, Judge Wood’s opinions in her several Indian law cases demonstrate that she is very respectful to Indian tribes and to tribal sovereignty. Wisconsin and Long could have easily gone the other way. Even in the cases she were rules against tribal interests, she does not denigrate Indians and tribes in any way.

2. Seth Waxman

Mr. Waxman is another interesting choice for Indian Country. He has more experience in litigating federal Indian law cases than any of the others mentioned for a nomination. As the US Solicitor General under President Clinton, his name is appended to dozens of Indian law cases (e.g., Minnesota v. Mille Lacs, Idaho v. United States, other cases from 1997-2001), but he never argued an Indian law case before the Court during that time. However, since he’s been back in private practice he’s worked at least three Indian law cases — City of Roseville v. Norton (D.C. Cir. 2003), San Manuel Indian Bingo and Casino v. NLRB (D.C. Cir. 2007), and MichGO v. Kempthorne (D.C. Cir. 2008), all on behalf of the tribes involved in those cases.

His experience in Indian law is outstanding and, like Judge Wood, might help the Court see Indian law in a new light.

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