Podcasts about federal indian law

Land Back is an Indigenous-led movement focused on returning land to Indigenous Tribes in a way that strengthens Indigenous sovereignty and communities. This episode features a discussion about how Land Back comes up in the context of estate planning and introduces key concepts for estate planners, financial advisors, and tax advisors to assist clients in taking suchaction.About Our Guests:Alma Soongi Beck is an attorney in  Lathrop GPM Private Client Services Practice Groups. Beck is certified as a specialist in estate planning, trust, and probate law by the State Board of Legal Specialization, and her practice focuses on trusts, charitable planning, gift and estate tax planning, and post-death administration including trust administration and probate. She speaks regularly on estate planning issues affecting LGBTQ+ and unmarried couples, on the evolution of gender and parentage in estate planning and administration, and on Land Back to Indigenous Tribes. She has previously served on the boards of the Transgender Law Center, Our Family Coalition, Bay Area Lawyers for Individual Freedom (BALIF) and the Korean American Bar Association of Northern California (KABANC). Prior to joining Lathrop GPM (formerly Hopkins & Carley), Alma was a partner at Lakin Spears, LLP, as well as founder and principal attorney for The Beck Law Group, P.C. A Korean American child of immigrants, Beck had led workshops on implicit bias for legal professionals, college students, and climate organizations since the 1990s, most recently for the Climate Reality Project Bay Area Chapter. Jo Carrillo JD/JSD is Professor of Law and Faculty Director of the Indigenous Law Center (ILC) at UC Law San Francisco (formerly UC Hastings). For over three decades, Carrillo has taught and written extensively in property and property-related subjects, including Federal Indian Law. Carrillo earned her BA from Stanford University, her JD from the University of New Mexico, and her JSD from Stanford Law School. She is a member of the Order of the Coif, the American Law Institute, and a former Trustee of the Law & Society Association; she was aVisiting Scholar at The Center for the Study of Law & Society at UC Berkeley Law, and a Visiting Professor at Stanford Law School. As Faculty Director of the UC Law Indigenous Law Center, Carrillo facilitates a seminar series called Law &. This series brings lawyers, students, and California Tribal leaders into the law school classroom to discuss land back and land stewardship issues. Recently, again with assistance from the Resources Legacy Fund, Carrillo has undertaken to study land back transfer documents. Carrillo has served on the UC Law SF Legacy Committee. She now serves on the UC Law SF Restorative Justice Advisory Board, which counsels UC Law SF Chancellor and Dean David Faigman on decanal initiated restorative justice efforts for Indigenous communities in California. As a long-term project, Carrillo is co-editing a volume, with UCLA Professor of History Benjamin Madley, on redressing 19 th century state sponsored harms against California Indigenous Peoples..About Our Host:Erika Gasaway is a trust and estate litigation partner who was fomerly with Hopkins Carley, which is now LathropGPM. She is on the nationwide Private Client Services team and co-chairs the Trust & Estate Litigation Task Force. She is based in San Jose, California where she represents ultra-high and high net worth families, fiduciaries, and family offices to resolve disputes as various phases of their life cycles. Erika is a member of the California Lawyer's Association Trust and Estate Section's Executive Committee (“TEXCOM”).Thank you for listening to Trust Me!Trust Me is Produced by Foley Marra StudiosEdited by Todd Gajdusek and Cat Hammons

In an era of sharp and often predictably partisan disagreements within the Supreme Court, it might surprise some that Neil Gorsuch, one of the court's 6 conservative justices, has emerged as one of the fiercest proponents of tribal sovereignty to ever serve on the bench. That fact doesn't surprise Stetson Law Professor Grant Christensen, however. Christensen is a specialist in Federal Indian Law, the unique mixture of federal regulations and tribal sovereignty that governs the lands set aside for Native American communities within the states. In this episode, we discuss the unexpected Supreme Court majorities that can emerge in Indian Law cases that test questions about federalism, recent decisions about the Indian Child Welfare Act and tribal lands in Oklahoma, and how indigenous legal traditions can propose models for reforming corporate governance.  

Each month, a panel of constitutional experts convenes to discuss the Court's upcoming docket sitting by sitting. The cases covered in this preview are listed below.Murthy v. Missouri (March 18) - Whether the Supreme Court should stay the injunction of the U.S. District Court for the Western District of Louisiana restricting federal officials' and employees' speech concerning content moderation on social media platforms.NRA v. Vullo (March 18) - Whether the First Amendment allows a government regulator to threaten regulated entities with adverse regulatory actions if they do business with a controversial speaker, as a consequence of (a) the government's own hostility to the speaker's viewpoint or (b) a perceived “general backlash” against the speaker's advocacy.Diaz v. United States (March 19) - Criminal Law & Procedure; Whether in a prosecution for drug trafficking — where an element of the offense is that the defendant knew she was carrying illegal drugs — Federal Rule of Evidence 704(b) permits a governmental expert witness to testify that most couriers know they are carrying drugs and that drug-trafficking organizations do not entrust large quantities of drugs to unknowing transporters.Truck Insurance Exchange v. Kaiser Gypsum Company, Inc. (March 19) - Bankruptcy law - This case addresses whether an insurer with responsibility for a bankruptcy claim qualifies as a "party in interest" able to object to a plan of reorganization under Chapter 11 of the Bankruptcy Code. It touches on the rights and roles of insurance companies within the framework of bankruptcy proceedings.Gonzalez v. Trevino (March 20) - Constitutional Law, First Amendment - It explores the standards required for a plaintiff alleging an arrest in retaliation for speech protected by the First Amendment, focusing on what evidence must be shown to prove such a claim, especially in light of exceptions outlined in precedent cases.Texas v. New Mexico and Colorado (March 20) - Environmental Law - This dispute involves the apportionment of the waters of the Rio Grande among the states and the role of the federal government in such agreements. It represents the latest chapter in a long-running legal battle over water rights and usage.Becerra v. San Carlos Apache Tribe (March 25) - Federal Indian Law, Medical Law - The question is whether Native American tribes that manage their own healthcare programs are entitled to receive funds from the Indian Health Service to cover costs associated with services that are covered by insurance. This case examines the intersection of tribal sovereignty, healthcare, and federal funding obligations.Harrow v. Department of Defense (March 25) - Ad Law - It questions whether the 60-day deadline for a federal employee to petition the U.S. Court of Appeals for the Federal Circuit to review a final decision of the Merit Systems Protection Board is jurisdictional, impacting the rights of federal employees in the review process.Food and Drug Administration v. Alliance For Hippocratic Medicine (March 26) - Ad Law - It centers on the FDA's approval process and actions to increase access to mifepristone, a drug used in medication abortions. The case challenges the FDA's decisions on drug safety and accessibility, testing the limits of agency authority and judicial review.Erlinger v. United States (March 27) - Criminal Law - The question is whether, for the purposes of imposing an enhanced sentence under the ACCA, it should be a jury or a judge who decides if the defendant's previous convictions occurred on different occasions.Connelly v. Internal Revenue Service (March 27) - Tax Law - The case examines whether the proceeds of a life insurance policy, taken out by a closely held corporation on a shareholder to facilitate the redemption of the shareholder's stock, should be considered a corporate asset when calculating the value of the shareholder's shares.Featuring:Robert Corn-Revere, Chief Counsel, FIRETony Francois, Partner, Briscoe Ivester & Bazel Eli Nachmany, Associate, Covington & Burling LLPBrett Nolan, Senior Attorney, Institute for Free Speech Jennifer Weddle, Shareholder, Greenberg TraurigModerator: Michael Francisco, Partner, McGuireWoods

In this episode, NAWL member, Nicole Smithson, speaks with Chief Judge Angela Sherigan, who serves as the Chief Judge for the Little River Band of Ottawa Indians of Michigan. Nicole and Chief Judge Sherigan discuss the inner workings of tribal courts compared to state and federal courts, including the role of peacemakers, and the focus on community healing.****Judge Angela Sherigan serves as the Chief Judge for the Little River Band of Ottawa Indians, in Manistee, MI., where she has served for 15 years, and is the managing partner of Wojnecka & Sherigan, P.C. in Shelby Township, MI., practicing criminal defense, Federal Indian Law, and tribal law. Judge Sherigan currently serves as the Chair of the American Indian Law Committee for the State Bar of Michigan, is the Secretary for the Michigan Indian Judicial Association, a member of the Tribal-StateFederal Judicial Forum, and the State Court Administrator's Office, Court Improvement, Tribal Court Relations Committee. She is a former President of the Women Lawyer Association of Michigan, Macomb Region, and the only person to serve two terms as the statewide president of the Women Lawyers Association of Michigan, She was part of the workgroup that put forth the Michigan Indian Family Preservation Act, and has handled numerous child welfare cases as a judge and as a private practitioner. In 2012 she received the Pro-bono award from the national Legal Services Corporation, in 2013 she was named a Leader in the Law by Michigan Lawyers Weekly and is the recipient of the 2016 Tecumseh Peacekeeping Award from the American Indian Law Section.

Producer/Host: Donna Loring Other credits: Technical assistance for the show was provided by Joel Mann of WERU, and Jessica Lockhart of WMPG. Music by Ralph Richter, a track called little eagles from his CD Dream Walk. Wabanaki Windows is a monthly show featuring topics of interest from a Wabanaki perspective. This month: In this episode, we look at the Land Claims through a very different Wabanaki Window. The hidden elements of a global historic and economic perspective. Guest/s: Professor Harald Prins is a Native of the Netherlands. He is a Distinguished Professor of Anthropology and Emertus at Kansas State University. Professor Darren Ranco, Penobscot Nation Tribal Member, Professor of Anthropology and Chair of Native American Studies at the University of Maine. Our Special Guest will give a view from the Federal Indian Law and Human Rights Perspectives on the Transcripts and Strategic Long Term State Plan to eliminate the Tribes. Special Guest Law Professor/ Attorney Rebecca Tsosie is a Regents Professor at the James E. Rogers College of Law at the University of Arizona. Professor Tsosie, who is of Yaqui descent, is a faculty member for the Indigenous Peoples' Law and Policy Program at the University of Arizona, and she is widely known for her work in the fields of Federal Indian law and indigenous peoples' human rights. She has published widely on sovereignty, self-determination, cultural pluralism, environmental policy and cultural rights. She teaches in the areas of Federal Indian Law, Property, Constitutional Law, Critical Race Theory, and Cultural Resources Law. She is a member of the Arizona Bar Association and the California Bar Association. Professor Tsosie serves as a Supreme Court Justice for the Fort McDowell Yavapai Nation and as an Associate Judge on the San Carlos Tribal Court of Appeals. About the host: Donna M Loring is a Penobscot Indian Nation Tribal Elder, and former Council Member. She represented the Penobscot Nation in the State Legislature for over a decade. She is a former Senior Advisor on Tribal Affairs to Governor Mills. She is the author of “In The Shadow of The Eagle A Tribal Representative In Maine”. Donna has an Annual lecture series in her name at the University of New England that addresses Social Justice and Human Rights issues. In 2017 She received an Honorary Doctoral Degree in Humane Letters from the University of Maine Orono and was given the Alumni Service Award. It is the most prestigious recognition given by the University of Maine Alumni Association. It is presented Annually to a University of Maine graduate whose life's work is marked by outstanding achievements in professional, business, civic and/or Public service areas. Donna received a second Honorary Doctorate from Thomas College in May of 2022 The post Wabanaki Windows 1/23/24: Hidden Elements within the Land Claims and our Colonial System first appeared on WERU 89.9 FM Blue Hill, Maine Local News and Public Affairs Archives.

With Lake Mead, Lake Powell, and the Colorado River decades-plus declining water levels with a one-year reprieve last year, and an ever-increasing demand for the water in the living Colorado River over the centuries the states of California, Nevada, and Arizona, agricultural businesses and other commercial industries, Native American nations have historically been denied their fundamental treaty and human rights when it comes to the source of life: water. Over the century, the United States Supreme Court, certain U.S. Congressional members, and others complicitly engaged in the settler colonial legacy of violence not only against the 30 federally recognized Native American nations related to the living Colorado River, but all life that the “River” sustains since time immemorial. What happens to the living Colorado River between now and 2026 has yet to be determined. In late October of 2023 the U.S Bureau of Reclamation (USBR) released its draft Supplemental Environmental Impact Statement (SEIS) in which they are positioned to move forward with the CA, AZ, & NV states planning to give up about 13% of the water received from the Colorado River through the end of 2026. What comes next is a 45-day public comment period on the draft Supplemental Environmental Impact Statement (SEIS), which is expected to be finalized in early 2024. At stake, however, are the treaty and water rights for 30 federally recognized Nation American nations connected to the living Colorado River which is also a major water supply for 40 million people, seven states, and 5.5 million acres of agriculture. Today on American Indian Airwaves we cover what all this means, particularly for the 30 Native American nations in general, but also, we explore and discuss the complexities of treaty and water rights in Federal Indian Law in relationship to the future of the living Colorado River. Our guest for the hour is an accomplished attorney who has worked with numerous Native American nations and governments for more two decades and he has developed extensive expertise in the area of federal Indian water law, worked on multiple Native American water rights settlements, and has represented clients in adjudications and other water-related proceedings in California, Montana, and Oregon. Guest: Jay Weiner, tribal water attorney for the Quechan Indian Nation (Kwatsáan) located along both sides of the Colorado River near Yuma, Arizona; and of counsel at Rosette, LLP; a majority owned Native American Law Firm. Archived programs can be heard on Soundcloud at: https://soundcloud.com/burntswamp American Indian Airwaves streams on over ten podcasting platforms such as Amazon Music, Apple Podcast, Audible, Backtracks.fm, Gaana, Google Podcast, Fyyd, iHeart Media, Mixcloud, Player.fm, Podbay.fm, Podcast Republic, SoundCloud, Spotify, Tunein, YouTube, and more.

Producer/Host: Donna Loring Other credits: Technical assistance for the show was provided by Joel Mann, WERU Orland Maine. Music by Ralph Richter, a track called little eagles from his CD Dream Walk Wabanaki Windows is a monthly show featuring topics of interest from a Wabanaki perspective. This month: In this episode we review the readings of the 1942 Transcripts and their incredible revelations of the Long Term Strategic Planning of the State to assimilate and eliminate the Wabanaki Tribes and the impact these discussions have on policy and Tribal State Relations up to this day. Guest/s: Eric Mehnert, Chief Judge of the Penobscot Nation Tribal Court Professor Harald Prins is a Native of the Netherlands he is a Distinguished Professor of Anthropology and an Emertus at Kansas State University. Professor Darren Ranco, Penobscot Nation Tribal Member, Professor of Anthropology and Chair of Native American Studies at the University of Maine. Our Special Guest will give a view from the Federal Indian Law and Human Rights Perspectives on the Transcripts and Strategic Long Term State Plan to eliminate the Tribes. Special Guest Law Professor/ Attorney Rebecca Tsosie is a Regents Professor at the James E. Rogers College of Law at the University of Arizona. Professor Tsosie, who is of Yaqui descent, is a faculty member for the Indigenous Peoples' Law and Policy Program at the University of Arizona, and she is widely known for her work in the fields of Federal Indian law and indigenous peoples' human rights. She has published widely on sovereignty, self-determination, cultural pluralism, environmental policy and cultural rights. She teaches in the areas of Federal Indian Law, Property, Constitutional Law, Critical Race Theory, and Cultural Resources Law. She is a member of the Arizona Bar Association and the California Bar Association. Professor Tsosie serves as a Supreme Court Justice for the Fort McDowell Yavapai Nation and as an Associate Judge on the San Carlos Tribal Court of Appeals. About the host: Donna M Loring is a Penobscot Indian Nation Tribal Elder, and former Council Member. She represented the Penobscot Nation in the State Legislature for over a decade. She is a former Senior Advisor on Tribal Affairs to Governor Mills. She is the author of “In The Shadow of The Eagle A Tribal Representative In Maine”. Donna has an Annual lecture series in her name at the University of New England that addresses Social Justice and Human Rights issues. In 2017 She received an Honorary Doctoral Degree in Humane Letters from the University of Maine Orono and was given the Alumni Service Award. It is the most prestigious recognition given by the University of Maine Alumni Association. It is presented Annually to a University of Maine graduate whose life's work is marked by outstanding achievements in professional, business, civic and/or Public service areas. Donna received a second Honorary Doctorate from Thomas College in May of 2022 The post Wabanaki Windows 10/24/23: ICE Series Review and Final Comments first appeared on WERU 89.9 FM Blue Hill, Maine Local News and Public Affairs Archives.

Second in a four-part series of special Borderlines episodes with UC Berkeley Law guest hosts Professor Roxanna Altholz and Professor Laurel E. Fletcher shining a spotlight on human rights champions—all guest speakers in their Human Rights Practice Workshop course, where leading practitioners working in a variety of institutional settings speak about their struggles against corruption and impunity, the relationship between legal and social justice, and the future of human rights movements. Episode 18 of Borderlines features guest host Professor Roxanna Altholz, Co-Director of Berkeley Law's Clinical Program and its International Human Rights Law Clinic, in discussion with Natali Segovia, Quechua, Legal Director, Water Protector Legal Collective and international human rights lawyer with extensive experience in criminal defense work and Federal Indian Law. Ms. Segovia shares the story about the Water Protector Legal Collective, a legal nonprofit, grew out of the No Dakota Access Pipeline resistance at Standing Rock and works to provide legal support and advocacy for Indigenous peoples and climate justice movements. Listeners will be enriched by powerful first-hand accounts of struggles to stop destruction of the environment and defend the rights of Native people affected by forced displacement, desecration of sacred lands, and human rights violations. Issues covered include leveraging of the UN Declaration of the Rights of Indigenous Peoples with the US framework; SLAPP suits and the criminalization of protest; and protecting cultural and tribal sovereignty against encroachment. For a transcript, please visit the episode page on the Berkeley Law podcast hub. Hosted on Acast. See acast.com/privacy for more information.

This past term, the Supreme Court handed down two major decisions about Native American law. In Arizona v. Navajo Nation, the Court ruled 5-4 that a treaty did not require the U.S. Government to take affirmative steps to secure water for the Navajo Nation; and in Haaland v. Brackeen, the Court upheld the Indian Child Welfare Act (ICWA). In this episode, Native American law experts Professor Marcia Zug of the University of South Carolina Law School and Timothy Sandefur of the Goldwater Institute join to help unpack these key Native American law cases. They also dive more deeply into one specific member of the Court—Justice Neil Gorsuch—and his unique stance toward how the Constitution applies to issues relating to Native American tribes—from his dissent in Haaland, to his majority opinion in the McGirt v. Oklahoma case from 2020, and more. Host Jeffrey Rosen moderates.  Resources: Arizona v. Navajo Nation (2023) Haaland v. Brackeen (2023) McGirt v. Oklahoma (2020) Marcia Zug, “ICWA's Irony”, American Indian Law Review (2021) Tim Sandefur, Brief Amici Curiae of Goldwater Institute in Support of State of Texas and Brackeen, Haaland v. Brackeen Adam Liptak, “Justice Neil Gorsuch Is a Committed Defender of Tribal Rights”, The New York Times (June 15, 2023) John Dossett, “Justice Gorsuch and Federal Indian Law”, American Bar Association (Sept. 1, 2017) Questions or comments about the show? Email us at podcast@constitutioncenter.org.  Continue today's conversation on Facebook and Twitter using @ConstitutionCtr.  Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.  You can find transcripts for each episode on the podcast pages in our Media Library. 

Tune into the latest NAWL Podcast Episode featuring NAWL member Lauren Van Schilfgaarde an Assistant Professor at the UCLA School of Law and tribal and federal Indian law expert, who leads a discussion on the three most Supreme Court decisions concerning federal Indian law and the wider context and larger impact of these decisions.

Press Conference: Navajo Nation's Response to Supreme Court Decision in Haaland v. Brackeen WINDOW ROCK, Arizona -- Monday, June 19, the Navajo Nation will host a press conference to discuss its reaction to the recent U.S. Supreme Court decision in Haaland v. Brackeen affirming the constitutionality of the Indian Child Welfare Act. The Nation's panel will include Navajo Nation President Buu Nygren, Speaker of the 25th Navajo Nation Council Crystalyne Curley, Navajo Nation Attorney General Ethel Branch, and Navajo Nation Division of Social Services Executive Director Thomas Cody. Congress passed the Indian Child Welfare Act in 1978 after many years of overreach by state child welfare services and state family courts in breaking up Native families and facilitating adoptions of Native children by non-Indians. Under ICWA, Congress mandated minimum protections of Indian children and families to maintain a child's cultural connections to their Indian family and Indigenous Nation. ICWA also created preferences if an Indian child's extended family, a family of that child's Indigenous Nation, or another Indigenous Nation, were available as a foster or adoptive home. The Navajo Nation intervened in the case as a party to defend ICWA from attack by the Brackeen family, who adopted one Navajo child, and seeks to adopt a second Navajo child, despite the Nation's identification of Navajo families willing and able to care for the children. The Nation collaborated with other tribal nations in filing a joint brief before the Court urging it to uphold ICWA as a vital statute protecting the sovereignty and cultural integrity of Indian tribes. In the Supreme Court's June 15, 2023, opinion, Justice Amy Coney Barrett and six other justices agreed that Congress had the constitutional authority to pass ICWA under the Indian Commerce Clause of the U.S. Constitution. They also held ICWA does not violate the anti-commandeering doctrine arising from the Tenth Amendment of the Constitution. In doing so, the Court has honored fundamental principles of Federal Indian Law and Constitutional Law. The press conference will take place Monday, June 19 at 10 a.m. Mountain Standard Time at the offices of Dickinson Wright, 1850 N Central Ave, Phoenix Conference Room, Concourse level, Phoenix, AZ 85004, and via Zoom. The Navajo Nation remains committed to defending ICWA and the rights of Indian children, as well as the inherent sovereign authority of Indigenous Nations.

In this episode, Mark sits down for a compelling discussion with Indian Law expert, Robert Miller. Bob's areas of expertise are Federal Indian Law, American Indians and international law, American Indian economic development, Native American natural resources, and Civil Procedure. He is an enrolled citizen of the Eastern Shawnee Tribe. He is the Willard H. Pedrick Distinguished Research Scholar at ASU and the Faculty Director of the Rosette LLP American Indian Economic Development Program at ASU. Bob is the author of Native America, Discovered and Conquered: Thomas Jefferson, Lewis & Clark, and Manifest Destiny, Professor Robert Miller addresses the international legal principle called the Doctrine of Discovery and how that legal rule was used in American history and transformed into the American policy of Manifest Destiny. This show was produced in proud partnership with Magic Canoe. 

On March 20, 2023, the U.S. Supreme Court will hear oral arguments for Arizona v. Navajo Nation, a case in which UW Law professor Monte Mills, director of the Native American Law Center, filed an amicus brief with other professors and the Native American Rights Fund on February 8, 2023. The brief requests that the Court acknowledge that the Winters water rights doctrine, established in 1908, enforces the fiduciary duty of the federal government to reserve adequate water, in this case the entire Colorado River, at the creation of an Indian reservation in one of the driest parts of the country.  In this episode, we discuss with Professor Monte Mills how the Winters doctrine is a foundational component to water resource management in the West and foundational to the exercise of the United States' trust duties to protect and secure tribal reserved water rights. Arizona v. Navajo Nation dwells at the intersection of Native treaty rights and water rights, and the court's decision could have serious ramifications. Monte Mills joined the UW Law faculty in 2022 as the Charles I. Stone Professor of Law and director of the Native American Law Center (NALC). Monte's research and writing focuses on the intersection of Federal Indian Law, Tribal sovereignty, and natural resources as well as race and racism in the law and legal education.

This was an eye-opening conversation with Shawnee-Lenape Scholar and Author Steven T. Newcomb whose work examines Christendom's legacy of domination and dehumanization that has resulted in the near destruction of thousands of years of spiritual and ecological wisdom developed by indigenous peoples and nations.   We discussed how much of the history and culture of original nations and peoples was systematically smothered and ultimately lost; how cutting a people off from their traditional teachings is a form of domination and dehumanization; how Old Testament religious concepts form a significant part of the backdrop of federal Indian law and policy; cognitive theory and what it has to do with the history of the United States and federal Indian law; how the American Enterprise (i.e. Empire) is predicated on the assumption of the right of domination at its root; the significance of the Johnson & Graham's Lessee vs. M'Intosh SCOTUS case of 1823 - "the cornerstone of property law in the U.S."; how the claim of the right of domination has become the organizing principle of the planet and much more.   Steven Newcomb has been studying and writing about U.S. federal Indian law and policy since the early 1980s, particularly the application of international law to Indigenous nations and peoples. Mr. Newcomb is the Director of the Indigenous Law Institute, the author of Pagans in the Promised Land: Decoding the Doctrine of Christian Discovery, and the co-producer of the documentary “The Doctrine of Discovery: Unmasking the Domination Code.” Mr. Newcomb has worked on Indigenous Peoples issues at the United Nations for twenty years. His work has been published by Wiley-Blackwell of Oxford, NYU School of Law, Fulcrum Publishing, UCLA School of Law, and the Griffith School of Law in Australia. In May 2016, Mr. Newcomb met Pope Francis at St. Peter's Square and Archbishop Tomasi at the Pontifical Council for Justice and Peace regarding the papal bulls of the fifteenth century.   Talkin' Politics & Religion Without Killin' Each Other is part of The Democracy Group, a network of podcasts that examines what's broken in our democracy and how we can work together to fix it.    www.amazon.com/Pagans-Promised-Land-Christian-Discovery/dp/1555916422   vimeo.com/ondemand/dominationcode   originalfreenations.com   www.researchgate.net/publication/368661824_Redthought_Event_200_Years_Since_the_Origin_of_Federal_Indian_Law   www.democracygroup.org/shows/talkin-politics-religion   twitter.com/coreysnathan   post.news/@coreysnathan  

This was an eye-opening conversation with Shawnee-Lenape Scholar and Author Steven T. Newcomb whose work examines Christendom's legacy of domination and dehumanization that has resulted in the near destruction of thousands of years of spiritual and ecological wisdom developed by indigenous peoples and nations.   We discussed how much of the history and culture of original nations and peoples was systematically smothered and ultimately lost; how cutting a people off from their traditional teachings is a form of domination and dehumanization; how Old Testament religious concepts form a significant part of the backdrop of federal Indian law and policy; cognitive theory and what it has to do with the history of the United States and federal Indian law; how the American Enterprise (i.e. Empire) is predicated on the assumption of the right of domination at its root; the significance of the Johnson & Graham's Lessee vs. M'Intosh SCOTUS case of 1823 - "the cornerstone of property law in the U.S."; how the claim of the right of domination has become the organizing principle of the planet and much more.   Steven Newcomb has been studying and writing about U.S. federal Indian law and policy since the early 1980s, particularly the application of international law to Indigenous nations and peoples. Mr. Newcomb is the Director of the Indigenous Law Institute, the author of Pagans in the Promised Land: Decoding the Doctrine of Christian Discovery, and the co-producer of the documentary “The Doctrine of Discovery: Unmasking the Domination Code.” Mr. Newcomb has worked on Indigenous Peoples issues at the United Nations for twenty years. His work has been published by Wiley-Blackwell of Oxford, NYU School of Law, Fulcrum Publishing, UCLA School of Law, and the Griffith School of Law in Australia. In May 2016, Mr. Newcomb met Pope Francis at St. Peter's Square and Archbishop Tomasi at the Pontifical Council for Justice and Peace regarding the papal bulls of the fifteenth century.   Talkin' Politics & Religion Without Killin' Each Other is part of The Democracy Group, a network of podcasts that examines what's broken in our democracy and how we can work together to fix it.    www.amazon.com/Pagans-Promised-Land-Christian-Discovery/dp/1555916422   vimeo.com/ondemand/dominationcode   originalfreenations.com   www.researchgate.net/publication/368661824_Redthought_Event_200_Years_Since_the_Origin_of_Federal_Indian_Law   www.democracygroup.org/shows/talkin-politics-religion   twitter.com/coreysnathan   post.news/@coreysnathan  

The "Mendocino War" was a bloody conflict between the Yuki tribe and white settlers in Northern California. White settlers raided and stole Yuki lands and massacring hundreds of Yuki in the process. The Yuki fled to "The Mountain" in what is now known as the Jackson Demonstration State Forest to escape the violence. Those villages in the forest are now sacred sites to the Coastal Yuki and Northern Pomo tribes. The state of California is allowing logging companies to log the 50,000 acre Jackson Forest for profit to finance CalFire's operations fighting wildfires. Despite Gov. Gavin Newsom's direction for California state agencies to co-manage state lands with local Native American tribes and seek opportunities to return State lands to Native American tribes, the Dept. of Natural Resources has only designated 75 acres as "sacred sites." Flying solo, Scott talks with Pricilla Hunter, Polly Girvin and Andy Wellspring with the Pomo Land Back (@PomoLandBack) campaign and the Coalition to Save Jackson Forest (@savejacksoncoalition) about the ongoing campaign to save the Jackson Forest and the sacred sites within it. The campaign has seen backcountry blockades and tree-sit action as well as rallies and marches in Mendocino County and Sacramento. The campaigners see this as potentially the next great environmental struggle. We discuss. Bios// Priscilla Hunter is a Tribal Elder of the Coyote Valley Band of Pomo Indians, former Chairwoman of the Tribe, and currently the Tribal Historic Preservation Officer. Priscilla is working to protect the Sacred Sites of her Northern Pomo and Coast Yuki peoples that are threatened by logging, road building and pesticide operations in the Jackson Demonstration State Forest, which is located in her homelands, also called Mendocino. Polly Girvin is a movement elder, Chicana activist, and civil rights and Federal Indian Law attorney graduated from the University of California Berkeley and Columbia University School of Law. Andy Wellspring is a member of Showing Up for Racial Justice, the Mendo Coast chapter. SURJ is white folks committed to racial justice nationally, and SURJ Mendo Coast is a member of the Coalition to Save Jackson State Forest and supporting the Coyote Valley Band of Pomo Indians in this struggle to protect sacred sites and end commercial logging on Pomo Homelands. ----------------------------- Outro- Stuart James "NoDAPL" Links// Save Jackson Forest: https://savejackson.org/ Donate to support the tribe's legal strategy. (https://bit.ly/3yjiUZI) Links// Save Jackson Forest: https://savejackson.org/ Donate to support the tribe's legal strategy. (https://bit.ly/3yjiUZI) Follow Green and Red// G&R Linktree: https://linktr.ee/greenandredpodcast https://greenandredpodcast.org/ NEW LINK! Join our Discord community: https://discord.gg/Rg7H9A3X Support the Green and Red Podcast// Become a Patron at https://www.patreon.com/greenredpodcast Or make a one time donation here: https://bit.ly/DonateGandR ** Our friends with Certain Days now have their 2023 calendar available for sale. Get your's now at https://www.certaindays.org/ This is a Green and Red Podcast (@PodcastGreenRed) production. Produced by Bob (@bobbuzzanco) and Scott (@sparki1969). “Green and Red Blues" by Moody. Editing by Isaac.

In episode seventeen we will continue with our fascinating discussion on Federal Indian Law with one of the most distinguished scholars in the field Professor Matthew L.M. Fletcher. In this wide-ranging interview examining Federal Indian Law from the mid-nineteenth century to the present day, we will cover the 1846 case of United States v. Rogers, the Treaty Era, the Removal Era, the Allotment Era and the 1903 case of Lone Wolf v. Hitchcock. In addition, we will examine the federal government's efforts to assimilate Indian children, and the 1887 Dawes Act, the Indian New Deal, the Termination Era, the Era of Self-determination and last the 1978 Indian Child Welfare Act. Matthew L.M. Fletcher is the Harry Burns Hutchins Collegiate Professor of Law at the University of Michigan School of Law, and is a citizen of the Grand Traverse Band of Ottawa and Chippewa Indians. He has also published numerous casebooks and treatises on Federal Indian Law and is the primary editor and author of the leading law blog on American Indian law and policy, Turtle Talk, http://turtletalk.wordpress.com/.

In one of its last decisions of the 2021-22 term, the U.S. Supreme Court threw out almost two hundred years of American jurisprudence to side with the state of Oklahoma, according to a professor of Indian Law at the University of Oklahoma.

In one of its last decisions of the 2021-22 term, the U.S. Supreme Court threw out almost two hundred years of American jurisprudence to side with the state of Oklahoma, according to a professor of Indian Law at the University of Oklahoma.

In Episode 16 we are going to take a break from our linear march through American Legal History to present an interview with Professor Matthew Fletcher. He is in short, the most important legal scholar in the discipline of Federal Indian Law in the United States. Matthew L.M. Fletcher is the Foundation Professor of Law at Michigan State University College of Law and Director of the Indigenous Law and Policy Center. He also sits as the Chief Justice of the Poarch Band of Creek Indians Supreme Court. He is a citizen of the Grand Traverse Band of Ottawa and Chippewa Indians. He has also published numerous casebooks and treatises on Federal Indian Law and is  the primary editor and author of the leading law blog on American Indian law and policy, Turtle Talk, .

Indian property rights scholar Bethany Berger, a professor at the University of Connecticut School of Law, joins Infrastructure Junkies! to explain the intersection between Indian rights and right of way projects and infrastructure development in the United States.  She discusses the derivation of Indian property interests, how Indian reservations were established, the laws that govern Indian property rights, the source of those laws, and the effects of burial grounds and Indian artifacts on a project. For more information on this topic, the regulation on rights of way over trust and restricted lands on reservations can be found at 25 CFR 169 (there are some older statutes that apply to reservations generally), and the best resource to find out more about Indian property rights is Cohen's Handbook on Federal Indian Law, which is available on Lexis (but not Westlaw).  Ch.15, section 15.09[4] is all about rights of way, and Ch.20 section 20.02[3] is all about the National Historic Preservation Act.  Special thanks to our sponsor, Blackbird Right of Way, a full service, DBE certified right of way company, for making this episode possible.

Professors Maggie Blackhawk and K-Sue Park join us to discuss their recent work diving into the erasure of Native people in legal scholarship, pedagogy, and doctrine. Professor Blackhawk tells us about her recent article, Federal Indian Law as Paradigm Within Public Law, which argues that Native history and federal Indian law are necessary to better understand and develop Constitutional law. Professor Park discusses her draft article, Conquest and Slavery as Foundational to Property Law, which argues for acknowledging histories of Native dispossession and slavery in legal pedagogy and scholarship. Additional readings, including any referenced during the episode, are available on our website: DiggingAHolePodcast.com.

Texas+Water Editor-in-Chief Dr. Todd Votteler talks with Monte Mills, Associate Professor and Director of the Margery Hunter Brown Indian Law Clinic at the Alexander Blewett III School of Law at the University of Montana. Mills teaches a variety of Indian law courses and works with clinical students on a range of legal matters in the Indian Law Clinic. His research and writing focuses on the intersection of Federal Indian Law, Tribal sovereignty and natural resources. Recently, Mills coauthored “A Third Way: Decolonizing the Laws of Indigenous Cultural Protection,” which was published by Cambridge University Press. Prior to joining the University of Montana, Mills was the Director of the Legal Department for the Southern Ute Indian Tribe in Colorado. As Director of the Tribe's Legal Department, Monte represented and counseled the Tribe on a broad array of issues, including litigation in tribal, state and federal courts, legislative matters before the Colorado General Assembly and the United States Congress and internal tribal matters such as contracting, code-drafting and gaming issues.

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Episode 52: History of Federal Indian Law Part 3 - US Fiduciary Relationship & Abrogation of Treaties Host: Rick Guest: Dr. Lindsay Robertson -Chickasaw Nation Endowed Chair in Native American Law -Faculty Director, Center for the Study of American Indian Law and Policy -Sam K. Viersen Family Foundation Presidential Professor In this episode we cover the unbalanced power of US government's fiduciary relationship with tribal sovereignty, and abrogation of treaties with Native communities. We cover the Medicine Lodge Treaty and LoneWolf v Hitchcock (1903). We would like to apologize for the audio in this episode, we had technical difficulty during recording. Intro Music: “Turning Into Me” by Jericho Salt

Episode 50: History of Federal Indian Law Part 1 – The Marshall Trilogy Host: Rick Guest: Dr. Lindsay Robertson (University of Oklahoma) -Chickasaw Nation Endowed Chair in Native American Law -Faculty Director, Center for the Study of American Indian Law and Policy -Sam K. Viersen Family Foundation Presidential Professor In this episode we cover the three cases of the Marshall trilogy, and its early impacts of federal Indian policy within the US. Marshal Trilogy: -Johnson v McIntosh (1823). -Cherokee Nation v Georgia (1831). -Worcester v Georgia (1832). Terms covered: -Discovery Doctrine -Occupancy Rights -Domestic Dependent Nations -Extra-Constitutional Nations -Tribal Sovereignty Intro Music: “Turning Into Me” by Jericho Salt

Episode 51: History of Federal Indian Law Part 2 – Jurisdiction in Indian Country Host: Rick Guest: Dr. Lindsay Robertson (University of Oklahoma) -Chickasaw Nation Endowed Chair in Native American Law -Faculty Director, Center for the Study of American Indian Law and Policy -Sam K. Viersen Family Foundation Presidential Professor In this episode we cover cases that were the foundations of jurisdiction within Indian country. -Ex Parte Crow Dog (1883) -Major Crimes Act -Assimilative Crimes Act -P.L. 280 Intro Music: “Turning Into Me” by Jericho Salt

Nightwolf talks with Suzette Brewer (Cherokee Nation of Oklahoma) about the Indian Child Welfare Act / ICWA and its impact on Federal Indian Law. Suzette is a free-lance writer specializing in federal Indian law and violence against Native women and children; is the 2015 recipient of the Richard LaCourse-Gannett Foundation Al Neuharth Investigative Journalism Award for her work on ICWA, and is also a 2018 John Jay/Tow Juvenile Justice Reporting Fellow. 

Recently, Associate Curator of Native American Art at the Joslyn Art Museum, Annika Johnson and CEO of the Minnesota Indian Women’s Resource Center, Marisa Cummings sat down to talk about some of the complexities surrounding sovereignty, Federal Indian Law, and recent landmark court cases that underscore the undeniable connections between Indigenous peoples' rights, climate action, and social justice. Listen to the conversation here or on Amplify Arts' website and share your thoughts in the comments section.

Who really owns Oklahoma? That’s right . . . .Oklahoma!   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Ezra Rosser, of American University Washington College of Law, to further this show’s discussion on reparations. Today, Aaron and Ezra are specifically talking about what reparations might mean for Native Americans, touching on land rights and restoration, equality, federal funding, the Indian Health Service, justice and prosecution, independence and domestic dependence, as well as the Supreme Court’s recent 5-4 decision in McGirt v. Oklahoma which affirmed Native American ownership rights in Oklahoma.   Professor Rosser grew up surrounded by Navajo culture. In 2003, he graduated from Harvard Law. Ezra specializes in poverty law, Indian Nations and Indigenous Peoples, property law, housing, law, and public interest law. In today’s conversation, Ezra talks about his background, personal experience, and his academic work. Aaron and Ezra explore how the law regards Native Americans and their rights, delving into a broader conversation about reckoning with our country’s past, today’s political climate, the responsibility of governments, treaties, autonomy, Indian property rights and more. Ezra and Aaron also spend time navigating the Supreme Court’s ruling on July 9th, a decision that could have long-ranging implications.   Ezra joined the WCL faculty in 2006. He has taught Property Law, Federal Indian Law, Poverty Law, Land Use, Housing Law, Advanced Legal Analysis, and Wills, Trusts, and Estates. Previously, he served as a visiting professor at Ritsumeiken University, a 1665 Fellow at Harvard University, a visiting scholar at Yale Law School, and a Westerfield Fellow at Loyola University New Orleans School of Law. Professor Rosser currently serves as a Commissioner for the Fairfax County Redevelopment and Housing Authority and is a past chair of the AALS Property Law, Poverty Law, and Indian Nations and Indigenous Peoples sections. His articles have appeared in journals including the California Law Review, Harvard Law & Policy Review, Washington University Law Review, Yale Human Rights and Development Law Journal, Environmental Law, and the American Indian Law Review. Ezra is co-author of a textbook Poverty Law, Policy and Practice (Aspen 2014), was the editor of Holes in the Safety Net: Federalism and Poverty (Cambridge 2019), and was a co-editor of The Poverty Law Canon (Michigan Press 2014) and Tribes, Land, and the Environment (Ashgate 2012). He is currently working on a sole authored book, Exploiting the Fifth World: Navajo Land and Economic Development.   Listen in to learn more!   To learn more about Professor Rosser, please visit his bio page here.   For the list of Ezra’s publications, please click here.   To check out the Poverty Law Blog, please click here.   To read the U.S. Supreme Court ruling in McGirt v. Oklahoma, please click here.     Host: Aaron Freiwald Guest: Ezra Rosser   Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Facebook: @GOODLAWBADLAW Instagram: @GoodLawBadLaw Website: https://www.law-podcast.com

Michalyn Steele has devoted her life to civil rights work. On today’s episode, Michalyn shares her thoughts on how we can better “mourn with those that mourn” amidst current discussions surrounding racism. She resonates with a well-known scripture in 1 Nephi 11:17, stating that while she does not understand the meaning of all things, she knows God loves His children. “He wants us to be one. He wants us to not just feel empathy but to do the things that will bring some relief for those burdens.” Show Notes 3:00- Native American Heritage  7:00- The Book of Mormon  10:43- Civil Rights Attorney  14:27- Motivated by Hope  21:00- A Covenant Responsibility  26:07- Joy in the Work  29:10- How to Support  34:58- Loving Like He Does  37:18- What Does It Mean To Be “All In” the Gospel of Jesus Christ? Find the full episode transcript at ldsliving.com/allin. See omnystudio.com/policies/listener for privacy information.

Dialogue Sunday Gospel Study July 5, 2020: Alma 23-29 Professor Michalyn Steele is a graduate of Georgetown University Law Center and  joined the faculty of BYU Law School in 2014, following two years as a Fellow and a semester as a Distinguished Practitioner in Residence at the Law School. She teaches Civil Rights, Federal Indian Law, and Continue Reading »

If anything is to be learned from this pandemic it is how woefully unprepared the United States has been in many areas. Americans are starving, as the country deals with food shortages particularly in urban areas. A recent poll taken shows 37 % of Unemployed Americans ran out of food in the Month of April. If you can't work and make money, how do you buy food to live? Native People are also a part of this percentage who also live in urban areas. We look at this poll.Also, despite the pandemic, the Supreme Court of the United States (SCOTUS) is back in operation, and working virtually. One of their cases may affect the jurisdiction of Oklahoma as it pertains to the 5 tribes within the borders of the state. At stake... Did the United States Congress dissolve the Muskogee Creek reservation, and remand jurisdiction to the state of Oklahoma? We take a look at Federal Indian Law, as well as potential scenarios that could play out for this case.

Darrah is a proud citizen of the Navajo Nation, the Indigenous and Native people to the American land. She is currently in law school studying Federal Indian Law. Darrah sits down with me to explain her vision for the future and what positive changes she would like to see in the future in the US.    Enjoy 

Blood quantum. The percentage of Native “blood” one possesses, the fraction listed on Certificates of Degree of Indian Blood, and a fraught concept that has its defenders and dissenters in our communities. Despite its colonial origins, many tribes still use blood quantum as a requirement for tribal enrollment, and these fictional fractions carry huge weight in the lives of Indigenous Peoples. In this episode we hope to parse out some of these complications around the topic of blood quantum—legally and interpersonally, as well as the ways these metaphors of blood have moved into genetic science. Many of our Native nations are at a crisis point when it comes to thinking about enrollment, and notions of blood and belonging are at the center of that. Knowing all of this, where do we go from here? Join Matika and Adrienne as they discuss blood, enrollment, law, genetics and belonging with Charlotte Logan (Akwesasne Mohawk) a genetic researcher debunking blood quantum theory, Gabe Galanda (Round Valley Indian Tribes of California, descending from the Nomlaki and Concow Tribes), a prolific Seattle attorney fighting disenrollment cases, Tommy Miller (Colville), attorney and author of law review article “Beyond Blood Quantum: The legal and political implications of expanding tribal enrollment”, and Professor David Wilkins (Lumbee), legal scholar and co-author of “Dismembered: Native Disenrollement and the Battle for Human Rights”.Guest Bios:Charlotte Logan is Akwesasne Mohawk and a molecular biologist working in upstate new york. Charlotte has a Masters in Molecular and Cellular Biology from Brandeis University and has spent a decade specializing in the field of small RNA and mRNA Processing. She recently made a life altering choice by stepping away from her career and enrolling in the Onondaga Language Program, where she spent two years studying the Onandoga language. Then returned to biochemistry and molecular biology as a senior research support specialist, and now is a graduate student in linguistics.Gabe Galanda belongs to the Round Valley Indian Tribes of California, descending from the Nomlaki and Concow Tribes. As a partner at Galanda Broadman, Gabe is an attorney whose legal practice represents tribal governments, businesses and citizens often working on complex, multi-party litigation and crisis management. Gabe is a prolific writer on tribal litigation and sovereignty and Indian civil rights issues, having been published over 100 times in national periodicals like The National Law Journal, and Business Law Today. Tommy Miller is a Citizen of the Confederated Tribes of the Colville Reservation and his Seattle law practice focuses on litigation, Indian Law, government contracts and procurement, which touch on a wide variety of issues including treaty rights. He received his JD and bachelor’s degrees from Harvard University. In 2014, he published in the American Indian Law Journal: “Beyond Blood Quantum: The Legal and Political Implications of Expanding Tribal Enrollment.” David E. Wilkins is a citizen of the Lumbee Nation of North Carolina and a Professor at the University of Richmond. He earned his Ph.D. in political science from the University of North Carolina, Chapel Hill. Professor Wilkins research and teaching interests include Indigenous politics and governance, federal Indian policy and law, comparative politics, and diplomacy and constitutional development. He is the author or editor of a number of books, including "Dismembered: Native Disenrollment and the Battle for Basic Human Rights.”Special thanks for the incredible episode art by Ciara Sana (instagram.com/artbyciara) and editing and sound production by Teo ShantzSupport the show (https://www.paypal.me/amrpodcast)

For 30 minutes this week, Amy Amoroso spoke with Rebecca Tsosie. Rebecca Tsosie is internationally recognized as one of the…

  Bio Brian Howard is a Research & Policy Analyst with the American Indian Policy Institute (AIPI) at Arizona State University. Prior to joining the AIPI team in November 2016, Brian served over five years as a Legislative Associate with the National Congress of American Indians in Washington, DC. Working on behalf of American Indian and Alaska Native tribal governments, Brian's work included developing and advocating tribal policy initiatives in Congress and the Administration on issues such as Telecommunications, Government Contracting, and Cultural Protections (Sacred Places, Eagle Feather/Eagle Protections, NAGPRA, and Mascot issues). Brian's work experience has included numerous D.C.-based research and policy internships, as well as with the New Mexico House of Representatives and the Gila River Indian Community Council's Office. Brian graduated from the University of New Mexico in 2009 with his Bachelor of Arts degree in Native American Studies focusing on Federal Indian Law and Policy with a minor in Political Science. He is Akimel O'odham, Tohono O'odham, and Pi-Pash, and an enrolled member of the Gila River Indian Community where he grew up in the Komatke District. Resources American Indian Policy Institute (AIPI) at Arizona State University National Congress of American Indians Quiet: The Power of Introverts in a World that Can't Stop Talking by Susan Cain Custer Died for Your Sins: An Indian Manifesto by Jr. Vine Deloria News Roundup N.Y. Times: U.S. spies paid Russians for cyberweapons/Trump secret Remember the dossier on Donald Trump that former British spy Christopher Steele built that made headlines about a year ago? The one that alleged encounters with prostitutes, bribes, and evidence of collaboration with Russians to hack Democrats? Well the problem with the dossier until now was that none of the allegations have been corroborated. But, over the weekend, the New York Times reported that U.S. spies paid a “shadowy Russian” some $100,000 in exchange for stolen National Security Agency cyberweapons. The Russian also promised secret information about President Trump. The total payout was to be $1 million. This was just the first installment. And the spies, according to the Times, delivered the cash in a suitcase to a Berlin hotel. The White House and CIA have obviously been trying to contain the report. Matthew Rosenberg reports in the New York Times. Russian hackers continue to exploit U.S. cyber vulnerabilities The Associated Press reports that Russian spies have continued to exploit vulnerabilities in U.S. defenses. According to the report, the spies fooled contractors with phishing scams disseminated via email, which allowed them to gain access to data acquired by spy drones. Waymo and Uber reach a settlement Uber and Waymo reached a settlement last week. Uber agreed to give Waymo, the self driving car company built by Google, a $245 million stake in Uber's equity, or about .34 percent. No cash was part of the settlement. Uber continues to deny that they either stole or used any of Waymo's trade secrets or self-driving car technology. Alex Castro reports for the Verge. U.S. arrests 36 in cyberfraud crackdown The Justice Department reported last week that it had arrested and charged 36 people for running a cyberfraud ring that stole some $350 million. Officials allege that Svyatoslav Bondarenko created Infraud in 2010 to make online purchases with counterfeit or stolen credit card information. Tom Schoenberg reports on the details of the scheme in Bloomberg. Internet giants back net neutrality bill The Internet Association--the trade association that represents internet giants like Google, Facebook and others--wrote a letter to Senate Majority Leader Mitch McConnell last week in support of a bipartisan legislative solution that would overturn the FCC's repeal of the net neutrality rules. Harper Neidig reports in the Hill. British officials grill Google, Facebook and Twitter in Washington Eleven members of the British Parliament came to Washington last week to grill tech executives from Google, Facebook and Twitter about fake news. Hamza Shaban of the Chicago Tribune reported that the meeting was far from cordial, with the lawmakers sharply criticizing the companies' moral compass and failure to curtail the spread of misinformation online. YouTube maintained that it hadn't found any evidence of Russian interference in the Brexit vote. In a separate story last week, CNN brought to Twitter's attention the fact that hundreds of Russian propaganda videos remained on Vine—the video sharing platform that Twitter owns--until well after Twitter should have been aware that the Kremlin posted the videos Also, YouTube had to change some of its policies after YouTuber Logan Paul engaged in an ongoing pattern of posting really repulsive videos such as the video of a suicide victim in Japan. Google decided to suspend advertising on Paul's channel and announced a broader policy change under which it would make YouTube channels that post offensive content less discoverable. Ingrid Ludent reports for Tech Crunch Winter Olympics were cyberattacked An organizer of the winter Olympics in Pyeongchang reported that there was a cyberattack during the opening ceremony. However, the organizer won't disclose who carried out the attack. Peter Rutherford reports in Reuters New study finds gender pay gap among Uber drivers A new University of Chicago study found a gender pay gap among Uber drivers. The study found that women driving for Uber earned some 7% less per hour than their male counterparts. Mark Warner tees up ‘tech addiction' At a speech last week, Senator Mark Warner teed up tech addiction as a concern for policymakers. The remarks came amidst several studies conducted recently that purport to illustrate Americans' addition to tech. David McCabe has more in Axios M.I.T. study shows facial recognition AI skin color bias A new study from the M.I.T. Media Lab shows a commercial facial recognition technology is correct 99% of the time when it comes to identifying white man. But when it came to identifying black folks, the software was wrong 35% of the time. Steve Lohr reports in The New York Times Spouses of highly skilled immigrants face job losses under Trump The spouses of high skilled workers who enter the country under an H1B visa are permitted to work under an H-4 visa. But Trump's Department of Homeland Security is seeking to end the program, potentially affecting that additional source of income. Cleaver wants white supremacists out of cryptocurrencies Several reports say that white supremacists have been raising funding with Bitcoin to circumvent the established tech sector. So Missouri Democrat Emanuel Cleaver wrote a letter to the Bitcoin Foundation and Digital Chamber of Commerce, asking for measures to curtail white supremacists' cryptocurrency fundraising activities. Ali Breland reports in the Hill. Senators pressure CFPB on Equifax Thirty Senators want to know why Consumer Financial Protection Bureau Acting Director Mick Mulvaney, a Trump appointee has delayed the investigation into the Equifax breach that compromised the data of some 143 million Americans. Thirty Senators, led by Hawaii Democrat Brian Schatz, want to know why CFPB hasn't taken preliminary steps in the investigation. So far the CFPB has declined comment. Trump administration wants to privatize International Space station Christian Davenport reports for the Washington Post that the White House is planning to stop funding for the International Space Station after 2024. It is working on a plan to turn the space station into a commercial enterprise.    

Lance Morgan on the decline of federal Indian law: “What we’re not teaching in law school is the other half of the system, where tribes are aggressively using their newly educated lawyers, their economic power, and their desire to do good to really change the equation.” “Once you make the mental leap that the entire system is ridiculous...you don’t ever go back.” Lance Morgan (Winnebago Tribe of Nebraska) is President & CEO of Ho-Chunk Inc. He is also the managing partner of the law firm Frederick Peebles and Morgan. And if you know Lance, or have read his previous work, you know that he is always good for a big idea, or an idea that pushes boundaries, in Indian Country. Lance returned to the show to discuss one of those ideas: the Rise of Tribal Law and the Decline of Federal Indian Law and he recently published an article by the same name in the Arizona State University Law Journal. Many NextGen Natives are practicers of, or generally interested in, federal Indian law. Lance’s article is great because it forces readers to ask themselves the question how can tribal law be on the rise and federal Indian law be on the decline? The basic point is that tribal law is an exercise of tribal sovereignty whereas federal Indian law is the enforcement of restrictions imposed upon tribes over the last few centuries. And the decline of federal Indian law may not be a bad thing necessarily, if tribes exercise and use tribal law. You should go read it (after you listen to our discussion, of course). The article is great for a few reasons. First, it forces us to re-think the way we approach law and policy in our communities. Even people who are thinking about how to proactively make a difference often use federal Indian law as an anchoring point. And it’s a losing one for us. Lance captured it succinctly when he wrote “We need to stop playing their game because we cannot win it. If we have any hope of progress, we need to play a new game.” Second, although it is published in a law journal, it is deliberately written so that non-lawyers (such as myself) can read and understand it. People should share this with tribal council members, business people, and community members to think about what Lance is suggesting and how to approach it. We could have focused the entire conversation on the article, but that would not have been nearly as much fun. And I think the conversation about the other topics packs as much, if not more, food-for-thought for listeners. Here’s the tip of the iceberg of a few of the topics we discussed: How Lance approaches his work as CEO of Ho-Chunk Inc. How Winnebago has built a thriving community using land that was entirely fee, and not trust, property. If we don’t plan decades ahead, the current housing shortages in Indian Country will be significantly worse. Education trends in Indian Country. Building non-governmental institutions in tribal communities that can make a real impact. The difference between principles, culture, and traditions and how confusing the concepts can be used as a weapon in a bad way. Rebuilding cultural myths-as in collective stories that we use to guide the community. We packed a lot of ideas into the 60-70 minutes we spoke. Each topic could be its own show. I hope it sparks some conversation, and thought. Tell me what you think on the Facebook page! Tell me what kind of action it inspires you to take!  

Jill J. Smith established her law practice in Albuquerque, New Mexico.  For eighteen years she has represented a wide variety of clients in employment law, land use, environmental, public lands and water law, Indian law, tax-exempt organizations, and election and campaign finance law.  Jill served as the Executive Director of New Mexico Conservation Voters Alliance, New Mexico Conservation Education Fund, and Washington Wilderness Coalition.  Most recently, Jill served as in-house counsel for the Pueblo of Sandia in New Mexico.  Jill was formerly Legal Director for Futurewise, a land use watchdog organization in Seattle.  Jill is a graduate of Vermont Law School, where she won the Academic Excellence Award for Natural Resources Law, and top honors in Federal Indian Law.  Now She is one of the pre-eminent foreclosure defense attorneys on the West Coast.   Jill Smith, Attorney Natural Resource Law Group, PLLC 5470 Shilshole Ave. NW, Suite 520 Seattle, WA 98107 (206) 227-9800 Welcome to our show.

Producer/Host: Donna Loring Engineer: Amy Browne Issue: National level issues Program Topic: Major issues facing the Penobscot Nation on a National level Key Discussion Points : a) Background of Federal/ State and Land Claims of the Penobscot Nation b) Efforts to improve the self- determination of the tribe c) Maine Indian Land Claims controversial issues d) Federal Indian Law is not being applied in Maine Guest: Chief Kirk Francis of the Penobscot Nation The post Wabanaki Windows 9/17/13 first appeared on WERU 89.9 FM Blue Hill, Maine Local News and Public Affairs Archives.

May 3, 2013: Law Day Panel: Societal Impacts of Civil Rights Cases before the Roberts Court 3:30-4:30 pm Room 002, Rockefeller Center Participants: Bruce Duthu '80 Samson Occom Professor of Native American Studies (NAS), Chair of the NAS Program Professor N. Bruce Duthu is an internationally recognized scholar of Native American law and policy. He joined the regular faculty at Dartmouth in 2008 as professor of Native American Studies. Professor Duthu earned his BA degree in religion and Native American studies from Dartmouth College and his JD degree from Loyola University School of Law in New Orleans. Prior to joining the Dartmouth faculty, Professor Duthu was on the law faculty at Vermont Law School. He served as the law school's Vice Dean for Academic Affairs and as director of the VLS-Sun Yat-sen University (Guangzhou, China) Partnership in Environmental Law. He also served as visiting professor of law at Harvard Law School, the universities of Wollongong and Sydney in New South Wales, Australia, and the University of Trento in northern Italy. He is the author of American Indians and the Law (2008) and was a contributing author of Felix S. Cohen's Handbook of Federal Indian Law (2005), the leading treatise in the field of federal Indian law. He also contributed chapters for two other books, Intercultural Dispute Resolution in Aboriginal Contexts: Canadian and International (2004) and First Person, First Peoples: Native American College Graduates Tell Their Life Stories (1997). Julie Kalish '91 Lecturer in Writing, Institute for Writing & Rhetoric Julie Kalish not only has students reading and writing about constitutional law in the courses she teaches for the Institute for Writing and Rhetoric -- Writing 5 and Writing 41: Writing and Speaking Public Policy -- she is also at the forefront of defending constitutional rights via her work for the Vermont ACLU. Most recently for the ACLU, Professor Kalish and her colleague Attorney Bernie Lambek represented Franklin, Vermont resident Marilyn Hackett in Hackett v. the Town of Franklin. For years, Ms. Hackett had complained that the recital of a sectarian prayer at the opening of her town's annual meeting was unconstitutional. Attorneys Kalish and Lambek argued their case based on Vermont Constitution's Article 3, which ensures freedom of conscience while prohibiting state endorsement of any religion through compelled attendance at worship—an argument that prevailed in the Vermont Superior Court. Professor Kalish and her colleague were awarded the Jonathan B Chase Cooperating Attorney Award for their achievement.

Since the first court decision to articulate Native American law back in 1823, our nation's courts have repeatedly invoked historical “facts” as a basis for fashioning judicial doctrines that have been prejudicial and harmful to Native Americans. This important symposium will reveal that many of our modern Native law doctrines are based in fiction, not fact. Join us as we explore the historical foundations of key court decisions impacting Native Americans. In Part 2 of the symposium, Walter Echo-Hawk (Pawnee) presents “Legal Fiction in Federal Indian Law” and Mary Kathryn Nagle (Cherokee) speaks on “Standing Bear v. Crook: The Brown v. Board of Education of American Indian Law.” A Q&A session with all presenters of the symposium follows.