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D.C. Indian Law Conference (Hybrid)
Join the Indian Law Section for its Annual DC Indian Law Conference on Friday, November 3. This year’s hybrid program offers in-person or online viewing options for registered attendees.
The year 2023 marks the 200th anniversary of the United States Supreme Court’s ruling in Johnson v. McIntosh, a decision with harmful and lasting consequences for tribal nations and the development of federal Indian policy. Against this backdrop, the 2023 D.C. Indian Law Conference will examine a range of contemporary challenges facing Indian country relating to natural resources, economic development, child welfare, implementation of developing technologies, equity and inclusion initiatives, and more. Our panels will feature leading tribal advocates and indigenous law practitioners who are at the forefront of tackling these issues in the courts, federal and state legislatures, and administrative agencies. Join fellow experts and colleagues to discuss these critical issues and what challenges may lie ahead for tribal nations and their citizens.
Co-Hosted by the Indian Law Section
Agenda
All times listed as Eastern. Schedule subject to change.
9:30 a.m. – 10:45 a.m. | The Good, the Bad, and the Ugly: Reviewing Recent Significant Indian Law Decisions
The year 2023 has provided a number of critical developments in the courts for tribal nations and their citizens. In the 2022-2023 term, the U.S. Supreme Court issued several decisions directly impacting Indian country. Panelists will cover two of those decisions – Arizona v. Navajo Nation, which opined on the United States’ trust obligations in connection with Navajo water rights, and Lac du Flambeau v. Coughlin, which addressed whether Congress abrogated tribal sovereign immunity in federal bankruptcy law. The panel will also include discussion on the D.C. Circuit’s decision in the West Flagler Associates v. Haaland case and related litigation that could have significant impacts for the future of tribal-state gaming compacts and the integration of Indian gaming and online activity. Litigators from all these matters will be on hand to review the developments arising out of these cases, and how they may alter the legal landscape for Indian country.
- Moderator: Jens Camp, Associate Attorney, Hobbs, Straus, Dean & Walker, LLP
- Pratik Shah, Partner, Akin Gump Strauss Hauer & Feld LLP
- Joseph Webster, Partner, Hobbs Straus
- Jennifer Weddle, Co-Chair, American Indian Law Practice, Greenberg Traurig LLP
10:45 a.m. – 11:15 a.m. | Break
11:15 a.m. – 12:30 p.m. | The Fight for Equity in Indian Country
The fight for full equality for American Indians and Alaska Natives is an ongoing and ever-evolving effort. Panelists will offer insights on current federal law, litigation, and policy initiatives to address economic, educational, and health disparities in Indian Country. The panel will include presentations addressing the following areas: legal avenues and barriers to advocating for civil rights for Native Americans, including through asserting religious freedoms and voting rights. In addition, American Indians and Alaska Natives continue to face significant inequity in health care access and health status; the panel will discuss these inequities and efforts to address them through legal and policy avenues, particularly when it comes to urban Native populations. Finally, the panel will conclude with discussions on the Biden Administration’s efforts to address disparities in Indian country and other forward-facing initiatives, such as the Indigenous Food Hub initiative.
- Moderator: Jared Crum, Trial Attorney, Environment and Natural Resouces Section, U.S. Department of Justice
- Francys Crevier, Chief Executive Officer (CEO) National Council of Urban Indian Health
- Morgan Rodman, Executive Director, White House Council on Native American Affairs
- Morgan Saunders, Staff Attorney, Native American Rights Fund (NARF)
12:30 p.m. – 1:45 p.m. | Keynote Luncheon
- Elizabeth Reese, Senior Policy Advisor for Native Affairs, Domestic Policy Council, The White House
1:45 p.m. – 2:45 p.m. | A Post-Brackeen Look at ICWA and Child Welfare in Indian Country
This panel will revisit the landmark win for tribal sovereignty in Brackeen v. Haaland and what lies ahead for addressing child welfare issues in Indian country. The panel will analyze the Supreme Court’s decision in Brackeen, where it upheld the Indian Child Welfare Act (ICWA), a more than forty year old federal law, against several constitutional challenges. Looking beyond the decision, discussions will include the next steps in advancing the broader purpose of ICWA – “to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families.” In addition, the panel will address, from the perspective of a Tribal Prosecutor, the alarming rates of child sexual abuse in Indian Country and the current issues Tribal Prosecutors are facing when it comes to protecting Native children in the face of complex jurisdictional schemes.
- Moderator: Julia Giffin, Attorney Advisor, Office of Tribal Justice, U.S. Department of Justice
- Meghan Bishop, Policy Specialist – IPA, Office of the Assistant Secretary Indian Affairs, U.S. Department of the Interior
- Tamera Begay, Attorney-Advisor, U.S. Department of Justice
- Leonard Powell, Attorney, Jenner & Block LLP
2:45 p.m. – 3:00 p.m. | Break
3:00 p.m. – 4:00 p.m. | Hot Topics in Indian Country
There is seemingly never a shortage of new legal and policy issues challenging tribal governments and their citizens. This panel will explore two developing issues that pose a number of important legal and policy considerations for tribes: (1) the proliferation of offshore wind installations on the Outer Continental Shelf to source clean, renewable energy, and (2) the deployment of artificial intelligence across a range of applications within Indian country. With regard to offshore wind, the panel will discuss the current Administration’s policy goals and approach for permitting offshore wind projects, including key points of concern around agency consultation practices with tribal nations and tribal historic preservation officers, agency compliance with the obligations of Section 106 of the National Historic Preservation Act, and wind farm impacts on tribal lands and culturally significant sites outside Indian country. As to AI, the panel will look at how tribal lands offer unique opportunities and challenges for AI deployment and also considerations for developing responsible AI use principles within Indian country as a critical concern in the Indigenous Data Sovereignty movement.
- Moderator: Amber Holland, Attorney, Big Fire Law & Policy Group LLP
- Adam Crepelle, Assistant Professor, Loyola University Chicago School of Law
- Lael Echo-Hawk, Principal, MThirtySix
4:00 p.m. – 4:15 p.m. | Break
4:15 p.m. – 5:30 p.m. | [Ethics] Facing Primary and Secondary Traumas in Lawyering in Indian Country
Traumas of the past and present can arise in many facets of legal and policy advocacy in Indian country. The panel will include presentations on the Department of the Interior’s Federal Indian Boarding School Initiative, an effort to address the troubled legacy of federal Indian boarding school policies and the corresponding intergenerational impact and traumas associated with these policies, and the all-of-goverment approach to addressing the crisis and traumas associated with the unfortunate reality that American Indian and Alaska Native people are at a disproportionate risk of experiencing violence, murder, or going missing. In addition, those who advocate on behalf of Tribes often have to navigate complex histories and ongoing disparities; the panel will also address this in the context of tribes in Maine and concerns around their settlement acts and relationships with the Maine state government. Finally, the panel will discuss how to exercise trauma-informed lawyering and how practitioners can navigate primary and secondary traumas in legal and policy advocacy.
> Session Sponsored by Dentons US LLP.
- Moderator: Maurisa Bell, Associate Attorney, Patterson Earnhart Real Bird & Wilson LLP
- Deeya Haldar, Associate Professor of Law and Director of the Civil Justice Clinic, Villanova University
- Michael-Corey Hinton, Attorney, Drummond Woodsum
- Heidi Todacheene, Senior Advisor to the Secretary, U.S. Department of the Interior
6:00 pm – 7:00 pm
Happy Hour at Courthaus Social (2300 Clarendon Blvd)
Hosted by Native American Bar Association of D.C.
Registration
Advance online registration is now closed.
Onsite registration is available for in-person participation at the registration desk on Friday, November 3.
This year’s hybrid program offers in-person or online viewing options for registered attendees.
- [ONSITE] Sustaining Member $250
- [ONSITE] Member $260
- [ONSITE] Nonmember $435
- [ONSITE] Government/Academic $210
- [ONSITE] Law Student $95
Group Registrations: Organizations can process group registrations with one payment using the linked Register Online text above. If coordinating a registration on anyone’s behalf – please ensure you are entering the attendee’s information (not your own). After entering the first registrant’s information and selecting a registration fee, click Save and Add Another to add additional registrants to the group transaction. After submitting payment information, you will be directed to a receipt page to print for your records. Each registrant will also receive an auto-confirmation email.
Accommodations: Please contact meetings@fedbar.org for onsite dietary or accessibility requests in advance of the program dates if you do not disclose within the online registration form.
Cancellation Policy: Full registration refunds will be processed for cancellations received by Friday, October 27. After the posted cancellation date, registrations may be transferred to another attendee but not refunded. No-shows will be billed. Please email meetings@fedbar.org with questions and written cancellation/substitution requests.
CLE
The FBA will seek 5.75 General CLE credit hours in 60-minute states, and 6.9 General CLE credit hours in 50-minute states.
Posted credit hours are estimated and subject to respective state approval and rounding rules. CLE qualifications vary by state/jurisdiction and the FBA takes every measure to collaborate with presenters to ensure approval.
CLE Credit will be tracked via an online web application. Attendees must check-in and check-out of each session to record their attendance.
Certificates will be available to download online and sent via email approximately two weeks following the conference. Required course codes and/or documentation for self-reporting states will be issued via email, upon state bar approval. Thank you in advance for your patience, as state bars are experiencing significant delays with program processing.
Access more information about CLE Attendance and Reporting.
Venue
AUSA Conference Center
2425 Wilson Blvd, Arlington, VA 22201
Parking: Visitor parking is limited, if no parking spaces are available, please park in street parking or at one of the nearby parking options.
Metro: Take the Orange Line or Silver Line and exit at the Court House stop.
Suggested Hotel: The Hyatt Place Arlington/Courthouse is located next-door to the conference center.
Sponsor
Conference Contributor
Session Sponsor
Dentons US LLP
Breakfast & Break Sponsors
Akin
Drummond Woodsum
Earthjustice
Greenberg Traurig, LLP
Holland & Knight
Patterson Earnhart Real Bird & Wilson LLP
[View Sponsorship Prospectus]
Email sponsor@fedbar.org with completed sponsorship agreement and to learn more about our sponsorship opportunities.
Email Communication Policy: By registering for this event, you agree to receive email communication from the Federal Bar Association and affiliated sponsors of the program concerning event details, Continuing Legal Education certification, programming changes, upcoming events, surveys, and post-event communications.
Recording Disclaimer: By registering for an online FBA program, you agree to the recording of audio and visual content presented during the live event and consent to subsequent use of the recording by the FBA. You agree that the recording is the sole property of the FBA and that the recording may be used by the FBA in any manner in its sole and absolute discretion. This recording may include questions and poll responses provided by you during the live event. If you do not consent to the recording and the FBA’s use of the same, do not register for the event.
Financial Assistance: Program registrants (both FBA members and nonmembers) who are unable to afford the registration fee may receive a 50% discount on the member rate. Qualifying attorneys include those who are unemployed or actively seeking employment. A formal letter requesting the discount must be emailed to meetings@fedbar.org. That letter needs to state the reason for the attorney’s interest in the course or activity, as well as proof of income or an explanation of the financial hardship, and it must be signed by the requesting lawyer.
If you have any questions regarding this program, please contact meetings@fedbar.org.