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Commentary Events Student Reflections

Opinion: Federal Bar Association’s Indian Law Conference

The Federal Bar Association’s Indian Law Conference took place from April 5-6, 2018 at the Talking Stick Resort in Scottsdale, Arizona. This year, the Federal Bar Association celebrated its 43rd Annual Indian Law Conference. The theme of this year’s Indian Law Conference was the examination of how tribal nations can use existing and new tools to effectively protect and secure their futures. In addition, 2018 marked the 40th anniversary of the Indian Child Welfare Act (ICWA), the 30th anniversary for the Indian Gaming Regulatory Act (IGRA), and 50th anniversary of the Indian Civil Rights Act (ICRA).

The annual Indian Law Conference covers many areas of law that are most relevant and controversial in Indian Country. Among the areas of law covered, the conference highlighted the three anniversary statutes by addressing them as part of their plenary line up, such as: “30 Years Later: IGRA and Economic Development,” “The Indian Civil Rights Act at 50: The Intersection of Individual Civil Rights, Human Rights, and Tribal Sovereignty,” and “40 years later: ICWA and the Role of Tribal Courts.” Each session was not only insightful, but compelling. The “IGRA and Economic Development” illustrated the personal relationships between the head of the National Indian Gaming Commission and tribal leaders. Del Laverdure shared an entertaining anecdote about a hostile meeting he had with a tribal leader, where the tribal leader was so frustrated and angry that he had to shout his demands at Del. Only after the meeting, the tribal leader approached Del and apologized as if it was another day at the office. Del had shared with the audience that he understood where the tribal leader was coming from. Just like Del had tribal leaders to answer to, the tribal leader had his people to answer to. In the same plenary, Larry Roberts presented IGRA facts that was compelling. Since the enactment of the Indian Gaming Regulatory Act, the Indian communities that have adopted Indian gaming in their areas, have exponentially increased their employment rate, revenues, and overall economies. The Indian gaming industry is now worth more than thirty-one billion dollars.

The Fed Bar Indian Law Conference attracts hundreds of legal professionals and law school students from around the country. Thus, it creates an opportunity for many legal professionals and law students to network and exchange information. It is not uncommon for students to meet with potential employers and for legal professions to develop a working relationship with other tribes or firms. This would be one of the most attractive features of the conference.

In addition, the National Native American Law Student Association (NNALSA) uses the annual Indian Law Conference as a platform to network, meet, and hold elections for its board. NNALSA hosts informational panels for their members to meet practicing attorneys and network with other law students.

Overall, the Fed Bar conference was a great experience because it provided insightful panel discussions, excellent networking opportunities, and a good platform for NNALSA to have its annual meeting.

During the Conference, it was also announced that it will be returning to Albuquerque, New Mexico for the 2019 Conference! We look forward to seeing all of the Indian law attorneys present in TLJ’s home city!

By Lyman Paul

Lyman Paul is a 2L students at UNM School of Law. He is from the Navajo Nation (Diné). He is of the Sleeping Rock People Clan (Tsenabił nii) and born for the Bitter Water Clan (Tódich’ii’nii). He is from Pine Hill, New Mexico on the Ramah Navajo Chapter, near Ramah, NM. He has a Bachelor of Science in Engineering in Civil Engineering from the Northern Arizona University in Flagstaff, Arizona.

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Commentary Events ICRA Symposium Indigenous Law Opinion

Reflections: FedBar Indian Law Conference and ICRA Symposium

I attended the Federal Bar Association Annual Indian Law Conference. At the dinner reception, I was placed next a woman tribal leader. During our conversation, she asked where I was from and, when she found out that I attend UNM School of Law, if I had attended the 50th ICRA symposium. We then began a deep conversation about tribal membership. I think it is interesting that people outside of tribal communities ask me, how much Indian I am. I feel strange replying that I am full-blooded. To me the status of being full-blooded is not as significant as to who my clans are and who I am related to. The tribal leader and I lamented over how difficult it is to change the idea of blood quantum. It is understandable most changes to our tribes’ internal self-determination has created more challenges and limited our ability to enact our inherent sovereignty. The issue of blood quantum even affects issues of health. Some Navajo children living on the Navajo Nation do not qualify for Indian Health Services (IHS) because they do not meet the eligible blood quantum levels. To enroll for IHS services, an individual is required to present a Certificate of Indian Blood. This leaves a population of non-member reservation residents that do not have access to health services. Having a lack of access to resources creates gaps and vulnerable populations. Asking for change is a challenge but it is necessary.

By Ernestine Chaco, Staff

Ernestine is Diné (Navajo) from Tsé’íí’ahi (Standing Rock), N.M. She attended University of California-Davis School of Medicine and plans to be an emergency medicine physician. During her 4th year of medical school, she took a leave of absence to pursue her passion of understanding the intersection between Federal Indian Law and health issues at UNM School of Law. She is currently a second-year law student.  Ernestine holds a Bachelor’s Degree in Chemistry from Swarthmore College and a Master’s Degree in Medical Sciences from Indiana University-Purdue University Indianapolis.