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2023 Indian Law Conference

April 17, 2023 - April 18, 2023

Empowering Indian Country Through Action
In the past year, Tribes have faced extreme highs and lows engaging in government-to-government relations at every level. As more critical issues come before the courts, it is essential that Indigenous Law practitioners are at the ready to protect the rights of Tribal nations, members, and lands. This conference will address how practitioners can help Tribes and Indigenous individuals protect their rights, lands, communities, and culture while maintaining collaborative efforts with the state and federal governments. Panelists will include practitioners who have been involved in recent pivotal cases before the Supreme Court, those who have forged the path for Indigenous presence in the federal judiciary, legislative, and executive branches, and those working directly to represent Tribes on critical issues faced by Tribal governments on a daily basis.

[Note New Monday & Tuesday Date Pattern]

This conference is exclusively available in-person. There is no hybrid streaming available.

Co-Hosted by the Indian Law Section

Agenda

*Agenda times subject to change.

Monday, April 17

8:00 – 9:00 AM | Registration + Breakfast

8:45 AM | Welcome Remarks

9:00 – 10:30 AM | [CLE] Protection of Tribal Sovereignty and Self-Determination Before the U.S. Supreme Court

Protection of Tribal sovereignty and self-determination before the U.S. Supreme Court is critical to the continued existence of Tribes as distinct political and cultural sovereigns.  This panel will review the unique nature of Supreme Court advocacy and will discuss effective strategies for protecting Tribal rights before the highest court in the land.

  • Lenny Powell, Attorney, Jenner & Block LLP
  • Angela Riley, Professor of Law and Indian Studies, UCLA School of Law
  • Paul Spruhan, Assistant Attorney General, Litigation Unit, Navajo Nation Department of Justice

10:30 – 11:00 AM | Morning Break

11:00 AM – 12:30 PM | [CLE] Access to the Ballot Box: Protecting Native American Voting Rights

This panel examines political obstacles for Native people and tribes regarding voting and their participation in the country’s political landscape. Panelists will provide insight for Tribes after the 2022 midterm election and in preparation for the 2024 elections. Included in the discussion will be the election of Congresswoman Mary Peltola (AK) and the measures taken by Alaskan Native leaders to support her path to the Congress.

  • Jacqueline De Leon, Attorney, Native American Rights Fund
  • Patty Ferguson-Bohnee, Director, Indian Legal Clinic, Sandra Day O’Connor College of Law
  • Liz La quen náay Medicine Crow, President/CEO, First Alaskans Institute
  • Connie Tsosie de Haro, Counsel, Senate Committee on Indian Affairs

12:30 – 2:00 PM | Keynote Luncheon: Johnson v. M’Intosh: Two Centuries of Dishonor 

  • Professor Wenona T. Singel

 2:00 – 3:30PM | [CLE] Public Safety and Justice in Indian County: The Castro-Huerta Decision
The Castro-Huerta opinion has greatly impacted law enforcement in Indian Country. The costs and steps to carry out SCOTUS’s edict in Castro-Huerta are coming to light as tribes, states, and the federal government cautiously approach this new criminal jurisdiction. This panel will examine the collaborative efforts of tribes and states under Castro-Huerta, the fiscal aspects of implementing the new law enforcement measures, and future federal funding for tribes and states.

  • Andy Lester, Partner, Spencer Fane LLP
  • Arvo Mikkanen, Assistant U.S. Attorney, Western District of Oklahoma
  • Alfred Urbina, Attorney General, Pascua Yaqui
  • Geri Wisner, Attorney General, Muscogee (Creek) Nation

3:30– 4:00 PM | Afternoon Break

 4:00 – 5:30 PM | [CLE] Tribal Nations, Abortion Access, and Native American Reproductive Health
Following the leaked draft opinion and ultimate decision by the Supreme Court in Dobbs v. Jackson Women’s Health Organization, many states have acted to restrict abortion access. In light of these restrictions, some have raised the idea of an abortion “safe harbor” on tribal lands outside of state jurisdiction. This panel will focus on the legal, political, and ethical considerations involved in such a safe harbor approach.  In the midst of the Missing and Murdered Indigenous Peoples Crisis and the history of colonization and oppression that has diminished reproductive healthcare outcomes for Native American people across Indian country, the panel will also focus on how reproductive healthcare for Native American people can be improved.

  • Nicolle Gonzales, Executive Director/Founder, Changing Women Initiative
  • Ann Tweedy, Professor of Law, University of South Dakota School of Law
  • Lauren van Schilfgarde, Assistant Professor, UCLA School of Law

5:30 – 7:30 PM | Reception

 Tuesday, April 18

8:00 – 9:00 AM | Registration + Breakfast

8:45 AM | Welcome Remarks

9:00 – 10:30 AM | [CLE] Defending the Indian Child Welfare Act: Brackeen v. Haaland

On November 9, 2022, the Supreme Court heard oral arguments in Brackeen v. Haaland regarding the constitutionality of the Indian Child Welfare Act (ICWA). This panel will focus on tribal and federal actions to strengthen and protect ICWA.

  • Kate Fort, Director of Clinics, Michigan State University College of Law
  • Sage Metoxen, Principal Attorney, Litigation Unit of the Navajo Nation Department of Justice
  • April Youpee-Roll, Attorney
Session Sponsored by Rothstein Donatelli, LLP

10:30 – 11:00 AM | Morning Break

11:00 AM – 12:30 PM | Efforts to Address the Intergenerational Impacts of Federal Indian Boarding School Policies
This panel will explore the ongoing work of the Department of the Interior (Department) on the Federal Indian Boarding School Initiative launched by Secretary Deb Haaland in June 2021 as well as legislative efforts to create a federal Truth and Healing Commission on Indian Boarding School Policies. In May 2022, the Department released Volume I of its investigative report that provides the groundwork for the ongoing work of the Department to meaningfully address the intergenerational trauma created by federal Indian boarding school policies. The panel will also include a discussion of the work done to draft and pass federal legislation to create the Truth and Healing Commission.

  • Jacqueline Bisille, Policy Advisor and Press Secretary, Vice Chairman Lisa Murkowski, U.S. Senate Committee on Indian Affairs
  • Joaquin Gallegos, Special Assistant to the Assistant Secretary-Indian Affairs, U.S. Department of the Interior
  • Darren Modzelewski, Policy Advisor, Chairman Brian Schatz, U.S. Senate Committee on Indian Affairs
  • Theresa Sheldon, Director of Policy and Advocacy, Native American Boarding School Healing Coalition
  • Rani Williams, Legislative Assistant, Office of Representative Sharice L. Davids

12:30 – 2:00 PM | Luncheon

2:00 – 3:30 PM | Concurrent Programming

[CLE] Improving the Land into Trust Process and Best Practices for Tribal Realty and Land Use
This concurrent session will focus on how to overcome the unique and varied challenges Tribes face when working to place land into trust.  The panel will include an update on the Department of the Interior’s efforts to revise the 25 C.F.R. Part 151 regulations to make it easier for Tribes to place land into trust.  The panel will also review best practices for a variety of Tribal land transactions.

  • Sarah Lawson, Shareholder, Schwabe Williamson & Wyatt
  • Rebekah Salguero, Partner, Ocotillo Law & Policy Partners
  • Stephanie Sfiridis, Senior Counselor to the Assistant Secretary-Indian Affairs, U.S. Department of the Interior

[CLE] Combating Climate Change and Increasing Tribal Co-Management
This concurrent session will provide an overview of how Tribes are working to combat the ever present threat of climate change and the move toward increasing Tribal-co management of lands and waters throughout the country. The session will include a discussion of the Department of the Interior’s work to implement Secretarial Order 3403 on Fulfilling the Trust Responsibility to Indian Tribes in the Stewardship of Federal Lands and Waters.

  • Monte Mills, Charles I. Stone Professor of Law, Director, Native American Law Center, University of Washington School of Law
  • Emily Haley, Staff Attorney, Swinomish Indian Tribal Community
  • Dylan Hedden-Nicely, Associate Professor of Law, Director, Native American Law Program, University of Idaho College of Law

3:30 – 4:00 PM | Afternoon Break

4:00 – 5:30 PM | [CLE] Ethics Panel-Elimination of Bias
Native American women attorneys have been historically underrepresented in law and are essential contributors to the legal profession. Although diversity and inclusion efforts have risen in recent years to systemically integrate members of marginalized groups into the legal profession, there remains implicit bias against Native American women practitioners.   This panel will examine the bias experienced by Native American women in law firms, in-house positions, and government positions. The increase of implicit bias in consideration of intersectional factors such as sexual orientation, gender identity, and parenthood will be included in the discussion.  Panelists will also highlight resources and methodology for employers and organizations to improve their infrastructures to better support Native women practitioners and further eliminate the biases against these women.

  • Linda Benally, Senior Attorney, Regulatory, Law Department, Pinnacle West Capital Corporation
  • Makalika Naholowaa, Executive Director, Native Hawaiian Legal Corporation
  • Hon. Sarah I. Wheelock, Judge, Minnesota Court of Appeals
  • Sandra Yamate, Chief Executive Officer, Institute for Inclusion in the Legal Profession

Registration

Advance online registration is now closed.
Onsite registration is available for in-person participation at the registration desk on Monday, April 17.
By registering for this event, you agree to the posted event terms and conditions.

Registration includes access to educational panels, breakfasts, breaks, luncheons, and reception.
RSVP for the lunches and reception during check-out!

  • Sustaining Member $495
  • Member $520
  • Nonmember $685
  • Government/Academic $470
  • Law Student $210

A La Carte Tickets
Optional add-on tickets for guests. Above registration fees already include access to lunches and reception.

  • Monday Lunch $65
  • Monday Reception $75
  • Tuesday Lunch $65

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 Monday, April 3. 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.

Sponsor

Session Sponsor
Rothstein Donatelli, LLP

Breakfast & Break Sponsor
Big Fire Law & Policy Group LLP
Hobbs Straus Dean & Walker LLP

Program Patron Sponsor
Akin Gump Strauss Hauer & Feld

[View Sponsorship Prospectus]
Sponsors receive customized deliverables per conference, including company visibility and registration benefits!

[View Exhibitor Agreement]
Exhibitor Hall Tables are now sold out. Contact us to join the waiting list.
Purchase a table for the conference exhibitor hall – open to artistic vendors, corporate groups, nonprofit entities, schools, and more.

Contact Barbara Bienkowsi at sponsor@fedbar.org for sponsorship opportunities.

Hotel & Travel

Sandia Resort
30 Rainbow Road; Albuquerque, NM 87113
505-798-3930
www.sandiacasino.com

UPDATE: The room block at the Sandia Resort is sold out.

The following nearby hotels are within 5 miles of the conference hotel and have favorable rates –

Sandia Resort Parking: The hotel offers extensive complimentary self-parking on their outdoor lot. Valet parking is also available for hotel guests.

CLE

Attendees can receive CLE credit for this event:

  • Up to 12 CLE credits, including 1.5 Ethics credits (60-minute states)
  • Up to 14.4 credits, including 1.8 Ethics credits for (50-minute states)

CLE Credit will be tracked via an online web application. Attendees must check-in and check-out of each session to record their attendance. Credit cannot be issued without use of online web application. Certificates will be available to download online and sent via email approximately two weeks following the conference.

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.

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.

Details

Start:
April 17, 2023
End:
April 18, 2023
Event Category:

Venue