Federal Indian Law 101: An Introduction and Overview

2018 Edition

11161 E State Road 70 #110-213Lakewood Ranch, Florida 34202

www.lawpracticecle.com941-584-9833

LawPracticeCLE is a national continuing legal education company designed to provide education on current, trending issues in the legal world to judges, attorneys, paralegals and other interested business professionals. New to the playing field, LawPracticeCLE is a major contender with its offerings of Live Webinars, On-Demand Videos, and In-person Seminars. LawPracticeCLE believes in quali-ty education, exceptional customer service, long-lasting relationships and networking beyond the classroom. We cater to the needs

of three divisions within the legal realm: Pre-Law and Law Students, Paralegals and other support staff, and Attorneys.

At LawPracticeCLE, we partner with experienced attorneys and legal professionals from all over the country to bring hot topics and current content that are relevant in legal practice. We are always looking to welcome dynamic and accomplished lawyers to share their knowledge!

As a LawPracticeCLE Speaker, you receive a variety of benefits. In addition to CLE teaching credit attorneys earn for presenting, our presenters also receive complimentary tuition on LawPracticeCLE’s entire library of webinars and self-study courses.

LawPracticeCLE also affords expert professors unparalleled exposure on a national stage in addition to being featured in our Speakers catalog with your name, headshot, biography and link back to your personal website. Many of our courses accrue thousands of views, giving our speakers the chance to network with attorneys across the country. We also offer a host of ways for our team of speakers to promote their programs, including highlight clips, emails, and much more!

1. A Course Description2. 3-4 Learning Objectives or Key Topics3. A Detailed Agenda4. A Comprehensive PowerPoint Presentation

LawPracticeCLE The Law in Review

LAWPRACTICECLE UNLIMITED

LawPracticeCLE Unlimited is an elite program allowing Attorneys and Legal Professionals unlimited access to all LawPracticeCLE live and on-demand courses for an entire year.

LawPracticeCLE provides 20 new continuing legal education courses each month that will not only appeal to your liking, but also meet your State Bar Requirements.

Top Attorneys and Judges from all over the country partner with us to provide a wide variety of course topics from basic to advanced. Whether you are a paralegal or an experienced attorney, you can expect to grow from the wealth of knowledge our speakers provide.

A View From The BenchAnimal LawBankruptcy Law Business Law Cannabis Law Construction Law Criminal Law Cybersecurity LawEducation LawEmployment Law Entertainment Law

COURSE CATEGORIES

Estate Planning Ethics, Bias, and Professionalism Family Law Federal Law Food and Beverage Law Gun Law Health Law Immigration LawIntellectual Property LawInsurance Law Nonprofit Law

ACCREDITATION

Paralegal Studies Personal Injury Law Practice Management & Trial Prep Real Estate Law Religious LawSocial Security Law Specialized Topics Tax Law Technology LawTransportation LawTribal Law

More Coming Soon ...

LawPracticeCLE will seek approval of any CLE program where the registering attorney is primarily licensed and a single alternate state. The application is submitted at the time an attorney registers for a course, therefore approval may not be received at the time of broadcasting. In the event a course is denied credit, a full refund or credit for another LawPracticeCLE course will be provided.

LawPracticeCLE does not seek approval in Illinois or Virginia, however the necessary documentation to seek CLE credit in such states will be provided to the registrant upon request.

ADVERTISING WITH LAWPRACTICECLE

At LawPracticeCLE, we not only believe in quality education, but providing as many tools as possible to increase success. LawPracticeCLE has several advertising options to meet your needs. For advertising and co-sponsorship information, please contact the Director of Operations, Jennifer L. Hamm, JLH@lawpracticecle.com.

CHECK US OUT ON SOCIAL MEDIA

� Facebook: https://www.facebook.com/LawPracticeCLE

fin Linkedln: https://www.linkedin.com/company/lawpracticecle

@ lnstagram: https://www.instagram.com/lawpracticecle

0 Twitter: https://twitter.com/LawPracticeCLE

INDIAN LAW 101AN INTRODUCTION AND OVERVIEW

INDIAN IN FEDERAL LAW

• U.S. Constitution, Article I, Section 8: "Congress shall have the power to regulate

Commerce with foreign nations and among the several states, and with the Indian tribes”

• Federal - Tribal Treaty Relationships

• Indians and the Supreme Court

• Federal Indian law vs. Tribal Law

• Definitional Questions – Indian and Indian Country

SOVEREIGNTY –THE POLITICAL RELATIONSHIP

• Indian is a political acknowledgement, not a racial classification.

• Marshall Trilogy

• Johnson v. McIntosh, 21 U.S. 543 (1823)

• Indian Title

• Cherokee Nation v. Georgia (1831)

• Worcester v. Georgia (1832)

• Domestic dependent nations

FEDERAL LAW – STATUTORY CONSTRUCTION

• Indian Cannons of Construction

• Treaties are to be construed as they were understood by the tribal representatives who

participated in their negotiation. (Tulee v. Washington, 315 U.S. 681, 684-85)

• Liberally interpreted to accomplish their protective purposes,; Ambiguities are resolved in

favor of Indians. Carpenter v. Shaw, 280 U.S. 363 (1930).

• Language that is unambiguous does not get this treatment.

• Understanding Federal Indian Law is a History Lesson

INDIANS –TREATIES, RESERVATIONS, TRUST

• Tribal – Government Relationships Built Under Treaties

• Reserved Rights Doctrine ( U.S. v. Winans (1905) and U.S. v. Washington (1976))

• Reservations/Allotments/ Assimilation

• Ex Parte Crow Dog (1883)

• Major Crimes Act of 1885

• Reorganization

• Sovereignty and Plenary Power

TERMINATION ERA

• House Resolution 53-108

• Authorized the Termination of Tribes (including rights)

• P.L. 280 – extends state civil and criminal jurisdiction into Indian Country

• Menominee Tribe of Indians v. U.S., 391 U.S. 404 (1968).

• Relocation Program

• Indian Civil Rights Act of 1968

SELF DETERMINATION AND THE FUTURE

• President Richard Nixon officially ends Termination Policy

• American Indian Policy Review Commission

• Dozens of new pieces of legislation and substantial regulatory changes made.

• Morton v. Mancari, 417 U.S. 535 (1974)

INDIAN COUNTRY - WHO HAS JURISDICTION

• 25 U.S.C. § 1151

• Solem v. Bartlett, 465 U.S. 463 (1984)

• Presumption Against Disestablishment and Diminishment

• Murphy v. Royal (10th Cir. 2017)

• Criminal and Civil Jurisdition

CRIMINAL JURISDICTION

• Major Crimes Act 18 U.S.C. § 1153

• Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978)

• PL 280 States – State has Jurisdiction

• Bryan v. Itasca County, 426 U.S. 373 (1976)

• California v. Cabazon, 480 U.S.. 202 (1987)

CIVIL JURISDICTION

• Tax and Regulation

• McClanahan v. Arizona State Tax Commission, 411 U.S. 164 (1973)

• Civil Adjudicatory

• General Civil Litigation : Federal Question and Diversity of Citizenship

• Federal Question is the same in Indian Country as anywhere else

• Civil Regulatory

• Montana v. United States, 450 U.S. 544 (1981)

• Dollar General v. Mississippi Band of Choctaw Indians, 579 U.S. ____ (2016)

INDIAN CHILD WELFARE ACT

• 25 U.S.C. § 1901 et. seq

• Foster Care placement, termination of parental rights, and pre-adoptive and adoptive

placement

• Adoptive Couple v. Baby Girl, 133 S. Ct. 2552 (2013)

• Limits State Court Jurisdiction over adoption or custody.

INDIAN GAMING REGULATORY ACT

• 25 U.S.C. § 2701 et. seq.

• California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987)