Tribal Legal Protection Focus of Indian Law Conference

Colorado Law co-sponsored a series of events highlighting the successes, failures, and changes in the landscape of American Indian law between January 28–30.

Kicking off the series on the evening of January 28, Professor Frank Pommersheim of the University of South Dakota School of Law presented a summary of his book Broken Landscapes: Indian Tribes and the Constitution and held a book signing for a room of more than 60 students, faculty, and community members.

Professor Pommersheim explained his theory that the federal government repeatedly has failed to respect tribal sovereignty. He then offered a solution: a Constitutional amendment reaffirming tribal sovereignty and ensuring that Indian tribes and people receive the respect and dignity they deserve.

While fielding questions, Professor Pommersheim emphasized that a Constitutional amendment is just one potential solution, but that he hopes the proposal will move the current debate from what is wrong to how to fix those wrongs. He continually challenged the audience to “look toward the future.”

On January 29–30, the law school hosted “The Next Great Generation of Indian Law Judges,” a symposium exploring the legal issues that the Indian tribes and people in the United States currently face.

Most of the legal issues discussed focused on judicial interpretation of federal statutes.

For example, conference attendees and speakers discussed the Tribal Law and Order Act, currently before Congress, which would increase accountability for cases not prosecuted in Indian country.

Another topic of discussion was the impact of the Religious Freedom Restoration Act, which prohibits the government from “substantially burdening” the practice of Native religions without a compelling state interest. Ninth Circuit Court Judge William Fletcher said despite this act, “the protection of Indian religious practices ‘only goes so far.’”

There was also debate about the Indian Child Welfare Act (ICWA). Utah Court of Appeals Judge William A. Thorne, Jr. said the statute should be rewritten to “present ICWA not just for Indian kids, but as best practice for all kids” so that it would be consistent, and not alien, to current judicial values.

The symposium covered topics ranging from criminal jurisdiction and state authority in Indian country to the interpretation of statutes, treaties, and Constitutional issues that concern Indian tribes and people. It featured Indian law experts from around the country, including several Colorado Law professors, including Professors Charles Wilkinson and Jill Tompkins and Dean David Getches.