Fletcher Wisconsin Law Review Symposium Paper on the Indian Law Restatement

Here is “Restatement as Aadizookaan,” forthcoming in the Wisconsin Law Review. The abstract:

The goal of this essay for the Wisconsin Law Review’s symposium on the Restatement of the Law of American Indians is to develop a framework on the durability of this restatement. The aadizookaanag are unusually durable in terms of their transmission of underlying, foundational lessons, but the stories change all the time. The earth diver story explores and describes the critically important connection between the Anishinaabeg and the creatures of Anishinaabewaki, but only a very broad level of generality. How the Anishinaabe tribal government in the 21st century translates those principles into modern decision making requires new analysis, new stories. Additionally, old aadizookaanag may fade into irrelevance, even disrepute, as times and conditions change.

Law is the same. Restatements are intended to be durable and persuasive, supported by the great weight of authority, but not permanent. There are provisions in the Indian law restatement I believe are truly timeless, while the law restated in some sections is likely to change a great deal over the next few decades. I choose four sections in the restatement and match them with one of the four directions sacred to the Anishinaabeg. The youngest direction, Waabanong, the east, is the most likely to change. The next youngest, Zhaawanong, the south, is older, but still subject to change. Niingaabii’anong, the west, is still older, wiser, less likely to change, but also very dark in its philosophies. Kiiwedinong, the north, is the oldest, wisest, and most durable, yet distant. A restatement section includes black letter law, law that is well settled and indisputable. The reporters’ notes that accompany the black letter law constitute the legal support for that statement of law. The stronger the legal support, more durable the black letter.

In the east, I choose one of the plainest, easiest to restate principles of federal Indian law, the bar on tribal criminal jurisdiction over non-Indians. In the south, I choose the law interpreting the federal waivers of immunity allowing tribes to sue to the United States for money damages. In the west, I choose the darkest, yet perhaps the most foundational principles, the plenary authority of Congress in Indian affairs. For the north, I choose tribal powers, the oldest and most durable of all of the principles in the restatement.

University of Washington 34th Annual Indian Law Symposium: Restatement of the Law of American Indians


UW Law’s Indian Law Symposium, an annual tradition for 34 years, will be held in two parts for the 2021-2022 academic year.
Part 1 was held on Friday, October 1, 2021 and featured a full set of topics from panelists across the country.

Part 2 will be held on April 21 and 22, 2022 and will focus exclusively on the forthcoming Restatement of The Law of American Indians. The presenters will all be from the group of experts who participated in the drafting of the Restatement. The event will be cosponsored with the Washington Law Review and supported by the American Law Institute.

We will be requesting 13.5 Law & Legal CLE credits total for Part 2 of the 34th Annual Indian Law Symposium.

Wisconsin Law Review Restatement Symposium Later Sessions

Kevin Wadz-In-The-Sky and Zeke Fletcher
Lorenzo Guidino
Wenona Singel and Kaighn Smith, Reporters
Cecelia Klingele, Troy Eid, Angela Riley, and Kevin Washburn
Dan Lewerenz, Dale White, John Clancy, Crystal Stonewall, and Dylan Ochoa
Gary Sherman, Martina Gast, Zeke Fletcher, and Kevin Wadzinski

Wisconsin Law Review’s 2021 Symposium: “The Restatement of the Law of American Indians” [Nov. 5-6, 2021]

Once you’re done with TICA tomorrow, head on over to the Wisconsin Law Review’s symposium on the Indian law restatement. The symposium agenda is here.

Stacy Leeds is the keynote speaker:

Check out the podcast with the reporters, Fletcher, Singel, and Smith here.

Fingers crossed on whether we get a gargoyle. . . .

Update on Restatement of the Law of American Indians

From the American Law Institute:

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.