Podcasts about native american law

Special guest host Scott Black, North Las Vegas Mayor Pro Tem, talks with John Entsminger, General Manager of the Southern Nevada Water Authority (SNWA), on the show. John grew up in Colorado and studied at the University of Colorado, Boulder. He specializes in Environmental Compliance, Water Rights, and Native American Law and has worked at SNWA for 23 years, starting as an Environmental Compliance and Water Rights Attorney.John explains that delivering water involves a range of jobs, many of which don't require a college degree, thanks to their apprentice program. He points out the benefits of working in water utilities, especially for young people. Despite serving a population of 2.3 million, water usage has dropped. Since the severe drought in 2002, SNWA has implemented measures like banning front yard grass, offering turf rebates, setting golf course water budgets, limiting pool sizes, and reducing water use by 26% in the last four years.He discusses AB 356, which defines non-functional turf, and highlights Nevada's nationally recognized water-saving programs. John also shares his work on water projects, including partnerships with Mexico, and assures that the water supply is secure and supported by strong infrastructure. He stresses the importance of combining workforce and economic development with water management.John enjoys reading, hiking, traveling, and napping in his free time. Southern Nevada Water Authority (SNWA):Jobs (snwa.com)

The Cherokee Nation lived in their ancestral homelands in the eastern United States for centuries before the first arrival of Europeans on American soil in the 1500s. As settlers arrived in larger numbers, the Cherokees were forced to cede or sell their lands, first to the British government and then to the United States through successive treaties. This ultimately led to the forced removal of the Cherokee Nation to Indian Territory in the 1830s. In this episode, Trait Thompson and Dr. Bob Blackburn discuss the events and significant court cases that paved the way for Cherokee removal west of the Mississippi River. Their guests are Jack Baker, Cherokee historian and citizen of Cherokee Nation, and Lindsay Robertson, professor emeritus of Native American Law at the University of Oklahoma. 

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. 

The Lake Traverse Reservation is easy to find on most maps put out by the federal government and apps like MapQuest. But the home of the federally recognized Sisseton-Wahpeton Oyate is nowhere to be seen on the state's Department of Transportation map. It's one of three reservations the agency chooses to leave off. The reasons are complicated and come down to interpretations of the legal definitions of each reservation. We'll talk about what's behind the omission and what Native scholars and others are doing to change it. GUESTS Angelique EagleWoman (member of Sisseton-Wahpeton Oyate), law professor and director of the Native American Law and Sovereignty Institute at Mitchell Hamline School of Law and chief justice of the Sisseton-Wahpeton Oyate Supreme Court State Rep. Tamara St. John (member of the Sisseton-Wahpeton Oyate/R-SD 1), tribal archivist Chairman J. Garret Renville (Sisseton-Wahpeton Oyate), tribal chairman of the Sisseton-Wahpeton Oyate

The Lake Traverse Reservation is easy to find on most maps put out by the federal government and apps like MapQuest. But the home of the federally recognized Sisseton-Wahpeton Oyate is nowhere to be seen on the state's Department of Transportation map. It's one of three reservations the agency chooses to leave off. The reasons are complicated and come down to interpretations of the legal definitions of each reservation. We'll talk about what's behind the omission and what Native scholars and others are doing to change it. GUESTS Angelique EagleWoman (member of Sisseton-Wahpeton Oyate), law professor and director of the Native American Law and Sovereignty Institute at Mitchell Hamline School of Law and chief justice of the Sisseton-Wahpeton Oyate Supreme Court State Rep. Tamara St. John (member of the Sisseton-Wahpeton Oyate/R-SD 1), tribal archivist Chairman J. Garret Renville (Sisseton-Wahpeton Oyate), tribal chairman of the Sisseton-Wahpeton Oyate

We begin this episode with a land acknowledgement. Our hosts Prof. Philip P. Arnold and Sandy Bigtree (Mohawk Nation), begin by introducing our guest Lindsay Robertson. He is the Chickasaw Nation Endowed Chair in Native American Law, Faculty Director, the Center for the Study of American Indian Law and Policy, and the Sam K. Viersen Family Foundation Presidential Professor. He is the author of the 2005 book Conquest by Law: How the Discovery of the Americas Dispossessed Indigenous Peoples of Their Lands. The episode begins with Prof. Robertson providing the context for Johnson v. M'Intosh, Chief Justice John Marshall and the Marshall trilogy, which is Johnson v M'Intosh, 21 US (8 Wheat) 543 (1823), Cherokee Nation v Georgia, 30 US (5 Pet) 1 (1831) and Worcester v Georgia, 31 US (6 Pet) 515 (1832). Early in Prof. Robertson's career, he was looking to do a history, and he knew these three cases so he began looking into them and began wondering what was the history and story behind the cases. As he dug into the archives, he realized that there were significant gaps in the archive. An Archives at the Historical Society of Pennsylvania helped him get into touch with Jasper Brinton, whose ancestor had been secretary of the land companies at the center of the case. It turns out that the family had preserved the documents and had an incredible archive of the materials necessary to write a history of the Johnson decision. The United Illinois and Wabash Land Companies Collection is available online and thanks to Brinton, Robertson, and the librarians at the University of Oklahoma this open-access resource is available for free online. We encourage you to please avail yourself of it as you listen to the episode.  Support the showView the transcript and show notes at podcast.doctrineofdiscovery.org. Learn more about the Doctrine of Discovery on our site DoctrineofDiscovery.org.

Professor Angelique EagleWoman is the Director of the Native American Law and Sovereignty Institute at Mitchell Hamline School of Law. She joined Jason to explain the significance of today's historic decision by the Supreme Court, upholding tribal sovereignty when it comes to adoption of Native children.

The US Supreme Court has upheld the 1978 Indian Child Welfare Act, also known as ICWA. The case was closely watched by tribal communities in Minnesota and across the country. The law gives priority to tribal families in the foster care and adoption cases of Native American children. MPR News host Cathy Wurzer speaks with Professor Angelique EagleWoman, director of the Native American Law and Sovereignty Institute at the Mitchell Hamline School of Law.

BRIAN K. NICHOLS is a shareholder with the Modrall Law Firm and practices primarily in federal Indian law and litigation, including tribal courts, with focuses on energy, natural resources, transportation and employment. As a member of the Navajo Nation Bar, Brian regularly advises clients regarding Navajo law and represents clients in Navajo courts and agencies. In 2018, Best Lawyers in America® selected Brian as 2018 Native American Law “Lawyer of the Year” in Albuquerque.  Brian has achieved nationwide recognition in Native American Law from Chambers USA. Brian has received an AV® peer review rating in Martindale-Hubbell, the highest rating possible, and listed by Southwest Super Lawyers®. He is recognized as a Star by Benchmark Litigation, Labor & Employment.PAMELA MOORE, MA, LPCC, is the Program Director of the State Bar of New Mexico's Professional Programs Group and a member of the NM Well-Being Committee. Disclaimer:Thank you for listening! This episode was produced by the State Bar of New Mexico's Well-Being Committee and the New Mexico Lawyer Assistance Program. All editing and sound mixing was done by BlueSky eLearn. Intro music is by Gil Flores. The views of the presenters are that of their own and are not endorsed by the State Bar of New Mexico. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment or legal advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

The federal Indian Child Welfare Act, known as ICWA, became law in 1978 in response to what was called a crisis of Native children being removed from their families by social service agencies. Two studies found 25 to 35 percent of all American Indian children were taken from their families and 90 percent were placed with white families. In the case now before the U.S. Supreme Court, non-Native families wanting to adopt Native children are challenging provisions of the federal law designed to protect Native family and cultural connections. Among other things, the law prioritizes where Native children should be placed if they are adopted, the first priority is extended family, followed by someone in their tribe or another Native family. The plaintiffs in the Brackeen case argue the federal government is unlawfully imposing requirements on states. They also contend that protections for American Indian children are based on an unconstitutional racial classification, said Mitchell Hamline School of Law professor, and Director of the Native American Law and Sovereignty Institute, Angelique EagleWoman.But, American Indians have always had political, not racial status as members of sovereign tribal nations who have treaty relationships with the U.S. government, said EagleWoman.“For hundreds of years there have been U.S. Supreme Court cases that recognize the tribal nation status and the political status of tribal citizens.”Possible broad implicationsSome worry a Supreme Court ruling in the Brackeen case could have broad implications for the sovereign status of American Indian tribes. But EagleWoman expects the Supreme Court decision to be narrow. “In my view, the U.S Supreme Court may carve out the third placement preference. They may tweak some of the ways in which states are required to do record keeping for Indian Child Welfare Act cases,” she said.“I do not foresee a sweeping decision or a change to the Tribal nation U.S. relationship in a decision coming out of the Brackeen case. I think that is a step much too far for any U.S. Supreme Court to take.”The Court is expected to release its decision by the end of June. ‘Gold standard of protection'Uncertainty about the future of ICWA brought urgency to legislative efforts this year to strengthen the Minnesota Indian Family Preservation Act or MIFPA. Lawmakers in both houses passed the legislation and Governor Walz is expected to sign it. “MIFPA legislation creates basically the gold standard of protection for our native kids,” said State Senator Mary Kunesh. Kunesh said it was critical to clarify parts of the state law that relied on the federal law for guidance. “We removed any reference to ICWA, so should ICWA go away or be amended in a way that does not fully protect our kids, Minnesota has those protections in place,” she said. But the state needs to do more said Kunesh. Placement disparitiesMinnesota still has some of the greatest racial disparities in the country for out of home placement of children. American Indian children are 16 times more likely than white children to experience out of home care, according to a 2020 report by the the Minnesota Department of Human Services. Why that disparity exists is a complicated question according to people involved with the system on a daily basis.“I have been doing this work in Minnesota for over 20 years and I will say that that is a question that keeps me up at night,” said Shannon Smith, executive director of the ICWA Law Center in Minneapolis. “Minnesota is often lifted up on the national stage as a place where all these awesome things are going on and then it's always kind of that dagger of like, ‘and then we have our numbers,'” she said.The numbers also show disparity in how counties enforce the laws designed to keep Native children close to their families and culture. Counties out of complianceThe Department of Human Services began checking county compliance with specific requirements of the law in 2017. Data shows compliance rates have improved, but in 2022, the agency reviewed 37 counties and found 21 were out of compliance, resulting in a reduction in state aid. Smith said children are often removed from homes because of what is defined as neglect. She said poverty, addiction, cultural bias and a range of other social issues often contribute to that decision. Grandma's House Learning Ojibwe as a first language in Cloquet Uprooted The plan to erase Indian Country I've never told anyone stories of life in Indian boarding schools A reckoning Nuns apologize for Native boarding schools “And when we think about the child welfare system and all these different systems, it's kind of the perfect place for them all to come together and have this really devastating impact to communities,” she said. The state needs to provide more resources for counties to improve staffing and provide adequate training to fully implement ICWA and MIFPA, said Kunesh.“The counties have to make a commitment, and we have to make a commitment at the legislature to fund those counties to ensure that there are people and resources available in order to do that,” she said.

The University of Idaho has created a College of Law Program with a Native American law emphasis. Idaho Matters talked with the director of the program, along with three recently graduated students to find out more about the program and why it's so important.

In the first half-hour, Professor Angelique W. EagleWoman, (Wambdi A. Was'teWinyan), is a law professor, legal scholar, Chief Justice on the Sisseton-Wahpeton Supreme Court, and has served as a pro tempore Tribal Judge in several other Tribal Court systems. As a practicing lawyer, one of the highlights of her career was to serve as General Counsel for her own Tribe, the Sisseton-Wahpeton (Dakota) Oyate. She is a citizen of the Sisseton Wahpeton (Dakota) Oyate of the Lake Traverse Reservation and has Rosebud Lakota heritage. She graduated from Stanford University with a BA in Political Science, received her Juris Doctor degree from the University of North Dakota School of Law with distinction, and her L.L.M. in American Indian and Indigenous Law with honors from the University of Tulsa College of Law.  As a law professor, she has taught in the areas of Aboriginal Legal Issues, Indigenous Legal Traditions, Tribal Nation Economics & Law, Native American Law, Native American Natural Resources Law, Tribal Code Drafting Clinic, Contracts, The Business of Law, and Civil Procedure. Angelique presents and publishes on topics involving tribal-based economics, Indigenous sovereignty, international Indigenous principles, and the quality of life for Indigenous peoples. She is currently a professor and Director of the Native American Law and Sovereignty Institute at the Mitchell Hamline School of Law in St. Paul, Minnesota. https://www.angeliqueeaglewoman.com/. She and Tiokasin discuss a Feb. 12, 2023 New York Times article in which she was extensively quoted: “With a Land Dispute Deadlocked, a Wisconsin Tribe Blockades Streets.” Read the article: http://bit.ly/3YP8ZGf In the second half-hour, Tiffany Midge is enrolled with the Standing Rock Sioux Nation and grew up in the Pacific Northwest. She is a former humor columnist for Indian Country Today and currently writes for High Country News. She has published work in The New Yorker, McSweeney's, First American Art Magazine, World Literature Today, YES! Magazine, the Spokesman-Review, the Inlander, and more. Her book "Bury My Heart at Chuck E. Cheese's" was a finalist for a Washington State Book Award and her writing has received a Pushcart Prize, the Kenyon Review Indigenous Poetry Prize, a Western Heritage Award, the Diane Decorah Memorial Poetry Award, Submittable's Eliza So Fellowship and a Simons Public Humanities Fellowship. Tiffany resides in north Idaho, homelands of the Nimiipuu. Production Credits: Tiokasin Ghosthorse (Lakota), Host and Executive Producer Liz Hill (Red Lake Ojibwe), Producer Malcolm Burn, Studio Engineer, Radio Kingston, WKNY 1490 AM and 107.9 FM, Kingston, NY Tiokasin Ghosthorse, Audio Editor Kevin Richardson, Podcast Editor Music Selections: 1. Song Title: Tahi Roots Mix (First Voices Radio Theme Song) Artist: Moana and the Moa Hunters Album: Tahi (1993) Label: Southside Records (Australia and New Zealand) (00:00:22) 2. Song Title: Shade of History Artist: Julian Cote feat. Pura Fe Crescioni Album: Falls Around Her (soundtrack, 2018) Label: Pine Needle Productions (00:22:25) 3. Song Title: Time Not Thinking Artist: Tiokasin Ghosthorse Single Label: Ghosthorse (00:26:28) 4. Song: I Can't Give Everything Away (David Bowie Cover) Artist: Spoon Single, 2022 Label: Headz, under exclusive license to Matador Records (00:54:48) AKANTU INSTITUTE Visit Akantu Institute, an institute that Tiokasin founded with a mission of contextualizing original wisdom for troubled times. Go to https://akantuinstitute.org/ to find out more and consider joining his Patreon page at https://www.patreon.com/Ghosthorse. 

Hearing Announcement: Legal and Procedural Factors Related to Seating a Cherokee Nation Delegate in the U.S. House of Representatives The Committee on Rules will meet on Wednesday, November 16, 2022 at 10:00 AM EDT in H-313, The Capitol on the following: Legal and Procedural Factors Related to Seating a Cherokee Nation Delegate in the U.S. House of Representatives [Original Jurisdiction Hearing] Witness List: Chuck Hoskin Jr., Principal Chief, Cherokee Nation Professor Lindsay Robertson, Chickasaw Nation Endowed Chair in Native American Law, College of Law at the University of Oklahoma Mainon A. Schwartz, Legislative Attorney, Congressional Research Service Committee Notice: https://rules.house.gov/hearing/cherokee-delegate

Hearing Announcement: Legal and Procedural Factors Related to Seating a Cherokee Nation Delegate in the U.S. House of Representatives The Committee on Rules will meet on Wednesday, November 16, 2022 at 10:00 AM EDT in H-313, The Capitol on the following: Legal and Procedural Factors Related to Seating a Cherokee Nation Delegate in the U.S. House of Representatives [Original Jurisdiction Hearing] Witness List: Chuck Hoskin Jr., Principal Chief, Cherokee Nation Professor Lindsay Robertson, Chickasaw Nation Endowed Chair in Native American Law, College of Law at the University of Oklahoma Mainon A. Schwartz, Legislative Attorney, Congressional Research Service Committee Notice: https://rules.house.gov/hearing/cherokee-delegate

Hearing Announcement: Legal and Procedural Factors Related to Seating a Cherokee Nation Delegate in the U.S. House of Representatives The Committee on Rules will meet on Wednesday, November 16, 2022 at 10:00 AM EDT in H-313, The Capitol on the following: Legal and Procedural Factors Related to Seating a Cherokee Nation Delegate in the U.S. House of Representatives [Original Jurisdiction Hearing] Witness List: Chuck Hoskin Jr., Principal Chief, Cherokee Nation Professor Lindsay Robertson, Chickasaw Nation Endowed Chair in Native American Law, College of Law at the University of Oklahoma Mainon A. Schwartz, Legislative Attorney, Congressional Research Service Committee Notice: https://rules.house.gov/hearing/cherokee-delegate

Hearing Announcement: Legal and Procedural Factors Related to Seating a Cherokee Nation Delegate in the U.S. House of Representatives The Committee on Rules will meet on Wednesday, November 16, 2022 at 10:00 AM EDT in H-313, The Capitol on the following: Legal and Procedural Factors Related to Seating a Cherokee Nation Delegate in the U.S. House of Representatives [Original Jurisdiction Hearing] Witness List: Chuck Hoskin Jr., Principal Chief, Cherokee Nation Professor Lindsay Robertson, Chickasaw Nation Endowed Chair in Native American Law, College of Law at the University of Oklahoma Mainon A. Schwartz, Legislative Attorney, Congressional Research Service Committee Notice: https://rules.house.gov/hearing/cherokee-delegate

Hearing Announcement: Legal and Procedural Factors Related to Seating a Cherokee Nation Delegate in the U.S. House of Representatives The Committee on Rules will meet on Wednesday, November 16, 2022 at 10:00 AM EDT in H-313, The Capitol on the following: Legal and Procedural Factors Related to Seating a Cherokee Nation Delegate in the U.S. House of Representatives [Original Jurisdiction Hearing] Witness List: Chuck Hoskin Jr., Principal Chief, Cherokee Nation Professor Lindsay Robertson, Chickasaw Nation Endowed Chair in Native American Law, College of Law at the University of Oklahoma Mainon A. Schwartz, Legislative Attorney, Congressional Research Service Committee Notice: https://rules.house.gov/hearing/cherokee-delegate

This week's episode covers three cases which discuss recent Supreme Court decisions on Native American Law and Tribal Sovereignty, including Oklahoma v. Castro-Huerta (holding that State law has criminal jurisdiction on tribal land), Denezpi v. U.S (holding that the Double Jeopardy clause does not bar successive prosecutions involving CFR courts) and Yselta Del Sur Pueblo v. Texas (holding that Texas does not have jurisdiction to regulate gaming activities on reservations).  Law starts at (1:30).

Matt Skinner and Tyler Volesky are sons of prominent defense attorneys in South Dakota who honor their Native American heritage by fighting for justice. Matt takes us inside the Minnehaha County Public Defender's office, where he argues in real court on behalf of a Native client. Tyler is following in his father's footsteps in both law and politics.  But first, he must overcome some obstacles in the world of mock trial. University of South Dakota Knudson School of Law Hofstra University School of Law American University Washington School of Law Howard University School of Law Minnehaha County Public Defender's Office ICWA (Indian Child Welfare Act) information Tribal Justice: 25 Years as a Tribal Appellate Justice by Frank Pommersheim Tribal Law Journal National Native American Bar Association The Legal Construction of Discriminatory Mass Surveilance by Gregrory Brazeal Follow us on Twitter @ClassActionPod and Instagram @ClassActionPod Visit our show page for transcripts and more details about the series at ClassActionPod.com Follow host Katie Phang on Twitter @KatiePhang and Instagram @KatiePhang.See omnystudio.com/listener for privacy information.

In case you missed the live conversation on Twitter spaces, catch up here! On this episode of Indigenous Flame, Johnnie Jae spoke with Gabe Galanda of Galanda Broadman to discuss Tribal Disenrollment within NDN Country. Gabe is an Indigenous rights attorney and the managing lawyer at Galanda Broadman. His practice focuses on complex, multi-party litigation and crisis management, representing Indigenous nations, businesses and citizens. He has been named to Best Lawyers in America in the fields of Native American Law and Gaming Law from 2007 to 2021, and dubbed a Super Lawyer by his peers from 2013 to 2021. Gabe is skilled at defending Indigenous nations and business against legal attack by governmental or private parties, as well advocating for the human rights of Indigenous citizens. He advocates against tribal disenrollment and other Indigenous human rights abuse. He also assists Indigenous clients with transactions and strategy related to various economic diversification initiatives. Gabe speaks writes frequently about tribal litigation sovereignty and Indian civil rights issues, having been published over 100 times in such other national periodicals as National Law Journal, Business Law Today, Gaming Law Review & Economics, and Indian Gaming magazine. Most notably, he co-authored a law review article titled, “Curing the Tribal Disenrollment Epidemic: In Search of a Remedy,” which was published by Arizona Law Review in 2015. In his "spare" time, Gabe founded and now operates Huy, a 501(c)(3) non-profit organization dedicated to enhancing religious, cultural and other rehabilitative opportunities for American Indian prisoners. Serving as Chairman of the Huy Board of Advisors, he has lead the organization's amicus curiae efforts before the U.S. Supreme Court and federal and state appellate courts across the country. Gabe belongs to the Round Valley Indian Tribes of California, descending from the Nomlaki and Concow Tribes. Indigenous Flame is live every Monday and Friday at 8pm est/5pm pst on twitter spaces at www.twitter.com/johnniejae Sponsorships: off for this episode

Bree Black Horse (Indian name: Prized Woman) is an enrolled member of the Seminole Nation of Oklahoma. A self-described “legal warrior,” she focuses her practice on Native American affairs & litigation, and is admitted to numerous tribal courts. Bree's legal career spans a variety of roles and experiences, including working on a wide range of cases, both criminal and civil. In addition, she worked as a youth advocate and case manager for United Indians of All Tribes Foundation, where she worked with formerly homeless young adults in transitional housing. She also served as a judicial extern to Chief Judge Theresa M. Pouley in the Tulalip Tribal Court, a legal clerk in the Office of Tribal Justice at the U.S. Department of Justice, and a law clerk to the Hon. Brian M. Morris in the U.S. District Court for the District of Montana.Bree's work has garnered many recognitions and awards. In 2021 and the three years immediately preceding, she was recognized as a Washington “Rising Star” for Native American Law by Super Lawyers magazine. Bree was also recognized in 2022 as one of the "Best Lawyers: Ones to Watch" for Native American Law by The Best Lawyers in America®. In addition, Bree received the Public Service & Leadership Award from the Washington Young Lawyers Committee of the Washington State Bar Association in 2019 & the “40 Under 40” Award from the National Center for American Indian Economic Development.Bree grew up steeped in Tribal traditions, culture, and art. Regularly attending powwows – and performing in them – she listened to tribal elders as they discussed the issues and concerns facing Native American communities. Realizing that many of these matters have legal aspects, she decided that she could best serve her community by becoming a lawyer. In this episode, Bree tells us how her career journey is inextricably linked to the unimaginable suffering that Native Americans have endured since the United States was formed and how her people's history forged her determination to conquer adversity, stand tall, and be counted.    From Powwow to law schoolA mother's wish comes truePower Royalty and public speakingThe Nordstrom gig that helped support a family, build leadership skills, and pave the way to law schoolThe gift of adversityServing the law-school community and leaving a markBeing the only Native American person in the room; representing a people who experienced government-led ethnocide and genocideBecoming a legal warrior for Native American rightsThe power that comes from knowing who you areImpact litigation through the ACLUThe epidemic of missing and murdered indigenous womenThe disproportionate service of Indian veteransThe opportunity inherent in being the first or the onlyThanks for listening to Sidebars! Connect with us: Read our Medicine and Molecules (MEMO) Blog Subscribe to our YouTube Channel Questions or feedback? Reach out at socialmedia@kilpatricktownsend.com Learn more about Kilpatrick Townsend **The opinions expressed are those of the attorneys and do not necessarily reflect the views of the firm or its clients. This podcast is for general information purposes and is not intended to be and should not be taken as legal advice.

What do corporate lawyers, political operatives, and right-wing groups have to do with the Indian Child Welfare Act? A whole lot. ICWA has been around for almost 40 years. It provides protections for Native American kids who are up for foster care or adoption and it says Native kids should be placed with extended family or stay with native communities whenever possible. It doesn’t seem terribly controversial on the face of it. But the child custody law has drawn the attention of groups who see the chance to undo ICWA as the first step into doing away with a whole chain of legislation around Native sovereignty, with huge implications for land use, water rights and gaming rights. In short, a successful legal challenge to this one law, which has now reached the steps of the Supreme Court, could mean a lot of money for a whole lot of non-Native people. “I always say that federal Indian law is the canary in the coal mine, like what the courts are willing to do to tribes. I think everyone should be concerned about and this case for this term, I think will be will be an important one to watch,” said Rebecca Nagle, independent journalist and host of the podcast “This Land,” which focuses on ICWA in its latest season. On today’s show, we’ll dig into the fight over ICWA, the players involved and who stands to benefit if it’s found unconstitutional on the basis of race. In the news fix, we'll talk about Facebook whistleblower testimony, COVID's two-month cycle and the cost of living in flood zones — speaking of the effects of climate change, Molly's super secret project, the “How We Survive” podcast, launches tomorrow. Plus, the birds of “Make Me Smart.” When you're done listening, tell your Echo device to “make me smart” for our daily explainers. This week we'll explain the history behind historically Black colleges and universities, how pumpkin-spice beer became a thing and why Sherlock Holmes continues to be one of the most popular fictional detectives of all time. Also, don't forget to subscribe to our newsletter! You can find the latest issue here. Here’s everything we talked about today: “This Land” podcast “The Native adoption case that could dismantle the Indian Child Welfare Act, explained” from Vox “A Court Battle Over a Dallas Toddler Could Decide the Future of Native American Law” from The Atlantic “Facebook whistleblower will urge U.S. Senate to regulate company” from Reuters “The price of living near the shore is already high. It’s about to go through the roof.” from The Washington Post “Covid, in retreat” from The New York Times Molly’s “secret” project: “How We Survive” Read the transcript here.

What do corporate lawyers, political operatives, and right-wing groups have to do with the Indian Child Welfare Act? A whole lot. ICWA has been around for almost 40 years. It provides protections for Native American kids who are up for foster care or adoption and it says Native kids should be placed with extended family or stay with native communities whenever possible. It doesn’t seem terribly controversial on the face of it. But the child custody law has drawn the attention of groups who see the chance to undo ICWA as the first step into doing away with a whole chain of legislation around Native sovereignty, with huge implications for land use, water rights and gaming rights. In short, a successful legal challenge to this one law, which has now reached the steps of the Supreme Court, could mean a lot of money for a whole lot of non-Native people. “I always say that federal Indian law is the canary in the coal mine, like what the courts are willing to do to tribes. I think everyone should be concerned about and this case for this term, I think will be will be an important one to watch,” said Rebecca Nagle, independent journalist and host of the podcast “This Land,” which focuses on ICWA in its latest season. On today’s show, we’ll dig into the fight over ICWA, the players involved and who stands to benefit if it’s found unconstitutional on the basis of race. In the news fix, we'll talk about Facebook whistleblower testimony, COVID's two-month cycle and the cost of living in flood zones — speaking of the effects of climate change, Molly's super secret project, the “How We Survive” podcast, launches tomorrow. Plus, the birds of “Make Me Smart.” When you're done listening, tell your Echo device to “make me smart” for our daily explainers. This week we'll explain the history behind historically Black colleges and universities, how pumpkin-spice beer became a thing and why Sherlock Holmes continues to be one of the most popular fictional detectives of all time. Also, don't forget to subscribe to our newsletter! You can find the latest issue here. Here’s everything we talked about today: “This Land Podcast” “The Native adoption case that could dismantle the Indian Child Welfare Act, explained” from Vox “A Court Battle Over a Dallas Toddler Could Decide the Future of Native American Law” from The Atlantic “Facebook whistleblower will urge U.S. Senate to regulate company” from Reuters “The price of living near the shore is already high. It’s about to go through the roof.” from The Washington Post “Covid, in retreat” from The New York Times Molly’s “secret” project: “How We Survive”

  Todays topic is a broadstrokes lesson on Indigenous Human Rights with activist and attorney, Gabe Galanda.  There was a story on the news last week that followed the re-naming of the Indiana pro baseball team from the Chiefs to the Guardians - and now that I have this conversation under my belt, I understand the importance of it in an entirely new way and I hope you will too.  If you walked by Gabe on the street, you'd  have no idea that he was raised on a reservation, deviated from the norm of his tribe and went to college,  followed by law school, and has now dedicated his law practice and life to helping the disenfranchised and representing tribal governments, and citizens.  You'd never guess by looking at him that for 13 years he's been named to Best Lawyers in America in the field of Native American Law, and dubbed a Super Lawyer by his peers from 2013 to 2020.  I have to fess up to the fact that I know this about Gabe because his family and mine have been friends for a long time.  I've known him for about 9 years and in that time have seen him take higher profile cases as well as become a community activist in my neighborhood.  Gabe is by far my favorite person to ask any question I have about politics because his lens on life is so clear and focused.  He's brilliant so he always knows most of the answers to my questions, but he's pragmatic and solution focused so doesn't just rant - he usually has a pretty smart proposal to solve whatever problem we're faced with, and knows that political system well enough to tell me the truth about what's going on.   I follow him on Twitter which you should absolutely do too @NDNlawyer - because he'd been quoted in an article that I'd read through his feed.  We'll talk about the case he was quoted on in the podcast.  But through that article and his feed, I'd kept reading words I didn't really understand like “blood quantum” and disenrollment, which as a white person I'd never heard.  My Caucasian tribe has never once questioned my ancestry or asked how much Irish I actually have in my DNA - I've just never had to worry about it.   So I studied up a bit so when Gabe came to dinner to ask him all about it.  I want to thank Gabe for coming to the table with real honesty and eagerness to teach and give an opinion.  There are people in life who, when they speak, you listen and realize how much you have to learn.  Gabe is one of those people.  Thankfully, Gabe is willing to patiently answer all my questions and educate those of us who don't know about indigenous rights.  We owe it to ourselves and our Indigenous brothers and sisters to learn. 

Co-hosts Kellen and Mikailah discuss current events in the past week and welcome special guest, Winter Hayes. She is a Black and niimíipuu (Nez Perce) powerhouse and leader for her community. Winter graduated from the University of Idaho College of Law and is working at a private law firm, specializing in Native American Law. niimíipuutimt, Nez Perce "Word/Phrase of the Day":  kúus, water (Nez Perce Dictionary, pg. 255); ‘ipnéekuut'es, (something) for drinking/cup (Nez Perce Dictionary, pg. 248). Shout out to Izzy for the music on our show. You can check him out on Instagram: @___izzy._

Have you ever wondered what exactly goes into completing an ALI project? There’s nobody better to talk about the ALI process than four veteran Reporters whose projects may be completed at the 2021 Annual Meeting. In this episode of Reasonably Speaking, Reporter on one of our newest projects, Lyrissa Lidsky from Restatement of the Law Third, Torts: Defamation and Privacy will moderate the panel of Matthew L.M. Fletcher (American Indian Law), Geoffrey P. Miller (Compliance and Enforcement for Organizations), Kenneth W. Simons (Intentional Torts), and Christiane C. Wendehorst (Principles for a Data Economy), as they discuss their journey from project conception to ALI member approval and completion. They will discuss how they came to be an ALI Reporter, how they work with project Advisers and ALI members, the draft approval process, surprises they learned along the way, and more.

This episode explores arguments about Native American law in the United States. We talk about the recent McGirt Decision, language and law surrounding native people, reservations, and rights. We talk about Neil Gorsuch - is he the kind of conservative we thought we were getting? Signs point to no. . . And our first listener question is finally addressed! Joining us on this episode is Emily Harwell and we are so grateful for her time and expertise on these questions. Emily Harwell is a member of the Muskogee Creek Nation and is from the Sac & Fox Nation in Oklahoma. Emily received her Bachelors Degree from Dartmouth College where she served as co-chair of the Annual Dartmouth College Powwow and President of the Native Americans at Dartmouth. In 2014, she assisted with organizing a group of volunteers to work with the Denver American Indian community to establish gardens and garden spaces during Dartmouth's Spring Break. Emily continues to give back to the Dartmouth Native community through serving as Treasurer of the Native American Alumni of Dartmouth. In 2019, Emily attended the American Indian Law Center's Pre-Law Summer Institute for Indigenous law students. Emily is a rising second year law student at Cornell Law. She is the President of the Native American Law Student Association (NALSA). In her role as President, she is advocating for institutional changes in support of Native American and Alaskan Native students including the founding of an American Indian Law Journal, hiring of Indigenous faculty, and increasing availability of American Indian Law courses. This summer, Emily was a law clerk at the Native American Rights Fund and where she worked on voting rights litigation to mitigate institutional barriers to Native American voters. Emily is interested in civil litigation, jurisdictional matters, and the intersection of these issues with American Indian Law. --- Send in a voice message: https://podcasters.spotify.com/pod/show/inthebin/message Support this podcast: https://podcasters.spotify.com/pod/show/inthebin/support

Interview with three-term former Principal Chief of the Cherokee Nation Chad Smith on the rise of hard-edged populism going back to Andrew Jackson, leading to Cherokee Removal from their homeland in Georgia and elsewhere in the Southeast. Smith relates that example to what it tells us about the current political situation in the United States.A major figure in Indian affairs, Smith has advocated on Native issues nationally and internationally, including at the United Nations. Smith served as a professor at Dartmouth College teaching Cherokee History and Native American Law. He is an author of books on leadership, art and Native American worldviews, including “Leadership Lessons from the Cherokee Nation: Learn From All I Observe.”

Sterlin sits down with playwright/Lawyer Mary Kathryn Nagle to talk about Native American Law and representation in media and the theater.