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Gabe Galanda Issues Tribal Sovereignty Storm Watch! - For his recent presentation at RES 2009, Seattle Member Gabe Galanda (Round Valley) published an overview titled Storm Watch for Tribal Sovereignty. The overview highlights a number of factors that tribal decision makers should consider when forming, siting and operating tribally owned enterprises in order to insulate them from political and legal attack – and to help preserve self-governance and economic rights for all of Indian Country.
Debora Juarez Addresses RES 2009 Convention Regarding Inter-Tribal Trade. Seattle Member Debora Juarez (Blackfeet), Chair of the firm's Tribal Practice Group, addressed the RES 2009 audience regarding trends in Native-to-Native commerce and trade, in Las Vegas earlier this month. She recently co-authored an Indian Country Today article, "Kinship Commerce: New Developments in Inter-Tribal Trade".
Tribal Sports & Entertainment Law Heats Up. The firm's new Tribal Sports & Entertainment Practice Team was recently featured by the ABA's Student Lawyer magazine in its Hot Practice column.
New Tribal Team Members. The Tribal Practice Group is pleased to introduce our newest members, James "Jim" Robenalt and William "Bill" Aloe. Jim is a second-year associate and Bill is in his first year of practice. Both attended Ohio State University's College of Law, where each served on The Ohio State Law Journal (law review). Jim was the publication's Chief Managing Editor and Bill its Managing Editor.
"Carcieri v. Salazar: Supreme Court Jeopardizes Indian Fee-to-Trust Land Acquisitions," Indian Law Newsletter, by Claire Hur
The U.S. Supreme Court's February 24, 2009 ruling on Carcieri v. Salazar held that because the Narragansett Indian Tribe of Rhode Island, which did not gain federal recognition until 1983, was not under federal jurisdiction in 1934, when Congress enacted the Indian Reorganization Act, the Secretary of Interior does not have the authority to take the tribe's land into trust. Carcieri could affect pending and future fee-to-trust applications for tribes that were recognized by the federal government after 1934.
"Let's Make a Deal: Gaming Contracts in Indian Country," Indian Gaming, by Anthony Broadman
Transactional lawyers try to take the gambling out of contracts. But what elements of contract law are different when you are a sovereign Indian nation, or a business contracting with a sovereign Indian nation? Lawyers to an Indian-gaming deal must, at a minimum, know a handful of unique tribal authority and enforceability issues.
"Indian Law on the Bar Exam Benefits Everyone," Indian Country Today, by Gabe Galanda
As Indian law practitioners now advance the cause to have federal Indian law included on state bar exams throughout Indian Country, critics worry that doing so would unnecessarily favor Indians and thus disparately impact non–Natives. However, including federal laws like the Indian Child Welfare Act of 1978 on state bar exams benefits everyone – not just Indians.
Client Commentary: "Showing Indian Country the Money," by Blackfeet Nation Councilman T.J. Show
Large land–based Indian tribes like the Blackfeet Nation fear that the $3 billion allocated to Indian Country in President Barack Obama's $787 billion economic stimulus plan must run a gauntlet of non-tribal bureaucracy before it can be turned into "brick and mortar" on the Reservation. The federal stimulus plan, though relatively generous, risks being watered down since it must pass through existing channels like the BIA or individual states before it ever gets to Indian communities. Indian Country's immediate needs can and should be addressed quickly and efficiently through a direct grant of funds to tribes.
ABA Business Law Section Spring Meeting - Vancouver, British Columbia, Canada (April 16-17, 2009). Gabe Galanda will co-chair, moderate and speak at the meeting's "Annual Review in Developments in Business & Corporate Litigation" program. The program will focus on a discussion of various types of litigation that have been on the upswing as a result of the financial crisis. Gabe will provide a national tribal litigation update. He is the editor of the Annual Review of Developments in Business & Corporate Litigation desk reference handbook, for which he has co-authored the "Tribal Court Litigation" chapter since 2007. Gabe will also moderate a discussion sponsored by the ABA Gaming Law Committee, entitled "Emerging Legal Issues in Online Gaming." This talk will deal with the legality of online gaming in both the U.S. and Canada and jurisdictional issues pertaining to the enforcement of U.S. gaming laws.
Northwest Native American Economic Development Conference - Tulalip, WA (June 1-2, 2009). Williams Kastner's Tribal Practice Group will be a Gold Sponsor of this conference, which will facilitate innovative discussion regarding tribal financing in the current economy; diversifying Northwest Indian economies; and maximizing tribal relationships with state and federal governments.
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