American Indian Law Program

A Banner Semester for the American Indian Law Clinic

Anonymous — Wed, 30 Nov 2022 22:52:14 +0000

A Banner Semester for the American Indian Law Clinic Anonymous (not verified) Wed, 11/30/2022 - 15:52

The 2022-2023 American Indian Law Clinic (the Clinic) students have already been hard at work; parsing national election laws; digging through historical treaties and local laws; and supporting international clients to elevate Indigenous human rights concerns before the United Nations.

A critical component of the Clinic is to get out of the classroom and into communities. Under the leadership of the director, Christina Stanton, students have been able to directly observe on-the-ground impacts of the laws they have been researching and analyzing on behalf of their clients. This work has helped students to articulate the ways in which laws have disparate impacts on tribal communities. Client work and reflections on the current political climate and important issues facing Native Nations has grounded students in the modern state of affairs and to consider the important role of Indigenous attorneys and their allies in the efforts to uphold Native sovereignty.

Ensuring the Native Vote

Three students, Siena Kalina '23, Michele Manceaux '24, and Kate Newman '24, worked to provide important legal research for the NativesVote 2022 website, a partnership between IllumiNative, Native Organizers Alliance, and First Peoples Worldwide. These students have parsed state and local voting laws; looked at county maps and redistricting efforts; identified many state offices to provide clarity on obscure language; and tracked all active litigation.

The students identified the ways in which Native voters face a unique set of issues when both registering to vote and casting their ballots. For example, in Montana, Native voters on one reservation must drive 120 miles to reach a voter registration site. Without online registration, this is the only option to then be eligible to cast a ballot in November. Although mail-in voting is appealing to many voters, and something that is accessible in the state of Colorado, Native Americans are not always able to take advantage of this due to lack of traditional addressing and postal delivery on reservations.

After conducting this research, the students developed language for the Natives Vote website so that Native voters had a resource tailored to the information they need to vote. This included whether states provide materials in Native languages, state laws on mail-in and absentee ballots, how to get an address if one does not have a “traditional” address as described the state, and what types of identification are needed to register and vote.

For the mid-term November elections, the entire Clinic travelled to North Dakota to provide poll observation to support the Native American Rights Fund’s voter protection efforts. Four groups of clinic students were sent out to polling locations near the Turtle Mountain Band of Chippewa Indians and Spirit Lake Tribes’ reservations.

North Dakota is the only state that does not have voter registration. The students imagined this would make voting easier as it removed one large obstacle for Native voters, but the reality was much different. The students noted that many people showed up to the wrong polling place, because the state had not notified them of the correct polling location. Others faced challenges squaring their address on their ID with the address the election officials had on file in their electronic system. While they observed confusion about specific election laws, the students also observed a sense of community familiarity and a willingness to help people cast ballots if they chose. They met individuals who were voting for the first time or voting with a tribal ID they had obtained just the previous day.

Building Capacity within our Colorado Community

Students have also had the opportunity to work on building outreach programs in addition to clinical practice. These moments not only help to grow awareness of contemporary Indigenous issues and ways to build allyship, but they also hone the students' presentation skills. Ms. Manceaux has also contributed to these efforts. She said,

“Learning American Indian law really changed my legal perspective and what I want to do with my career. It also inspired me to be involved in outreach programs where I and other students can teach the community about the importance of understanding Native American history and how current events impact all of society.”

Ms. Manceaux and Joshua Bertalotto '24 presented to local company, Rowdy Mermaid, on Indigenous Peoples’ Day in October 2022. They discussed the ramifications of critical moments in history, such as allotment and removal, and offered employees ways to engage with Native American tribes and support tribal sovereignty in their professional and personal lives. “It was rewarding to meet people where they were and give them solutions on how to make positive, individual changes,” Manceaux said.

Following her participation in the Byron R. White Center for the Study of American Constitutional Law Constitution Day Project in September, Ms. Manceaux organized a day to discuss tribal sovereignty with high school students at Northglenn High School in Broomfield, CO. To anchor the conversation in modern issues, she taught students about what tribal sovereignty looks like in practice by addressing the case Brackeen v. Haaland, which is currently in front of the United States Supreme Court. Ms. Manceaux watched how students grappled with the concept of tribal sovereignty within the complex case of Brackeen, highlighting multi-party interests and the duty that the United States has to tribes.

As the clinic students gain the practical experience of lawyering on behalf of Indigenous Peoples, they are also encouraged to consider how to best live the values of client-centered lawyering.

“We approach this work with a constant reminder of our north stars: tribal sovereignty and self-determination. I ask that each student interrogate how they show up as lawyers, as students, and as humans and how we can do better to incorporate these north stars in our practice,” Stanton said.

Thanks to Siena Kalina, Michele Manceaux, and Kate Newman for their contributions to this article.

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11th Annual John Paul Stevens Lecture hosted Chief Justice Angela Riley who discussed Tribal Courts and Justice in Indian Country

Anonymous — Thu, 03 Nov 2022 21:25:49 +0000

11th Annual John Paul Stevens Lecture hosted Chief Justice Angela Riley who discussed Tribal Courts and Justice in Indian Country Anonymous (not verified) Thu, 11/03/2022 - 15:25

Written by: Tatiana Nelson, Class of 2024

The 11^th annual John Paul Stevens Lecture took place on October 18^th at the University of Colorado Law School, hosting the first ever Tribal Court Justice to speak at the Stevens Lecture. Over 200 attendees packed the Wittemyer Courtroom in addition to hundreds of folks joining virtually. Opening remarks were given by Dean Lolita Buckner Inniss. Chief Justice Angela Riley of the Citizen Potawatomi Nation of Oklahoma Tribal Court engaged in a fireside chat with Professor Suzette Malveaux, Director of the Byron White Center for the Study of American Constitutional Law, about tribal courts and their position as the “Third Sovereign” in the United States. The Stevens Lecture was co-hosted by the American Indian Law Program.

Stevens Lecture attendees packed the Wittemyer Courtroom.

Watch a recording of Justice Riley's presentation.

Justice Riley began with a survey of Federal Indian Law and the role of tribal courts. There are over 400 tribal justice institutions throughout the United States today, whose practices range from peacekeeping and the use of panels of elders to the adversarial system that resembles that of state and federal courts. Tribal courts are essential to the sovereignty and self-determination of indigenous people, as these institutions allow for tribes to enforce their own laws and values. The Justice spoke about the complexities of criminal jurisdiction within Indian Country and the impact this has had largely on Indigenous women and girls, with 85% of Indigenous women having been subjected to violence at some point in their lives. The lack of tribal court jurisdiction to prosecute non-Indians on Indian land allows for the assault of Indigenous women in Indian Country at rates much higher than for other groups throughout the country.

View the event photo gallery.

Professor Malveaux then turned the Justice's attention towards recently decided and upcoming cases involving Indian Law in the United States Supreme Court. In the landmark McGirt v. Oklahoma case, the Court held that for the purposes of the Major Crimes Act, land reserved for the Creek Nation in eastern Oklahoma remains "Indian Country." Justice Riley noted how powerful it felt for herself and other tribal members to feel recognized by the United States Supreme Court. The opinion by Justice Gorsuch begins, "On the far end of the Trail of Tears was a promise." Justice Riley became emotional as she recalled these words and spoke of how consequential the decision was. Just two years later, in Oklahoma v. Castro-Huerta, however, the Court held that the federal government and the state have concurrent jurisdiction to prosecute crimes committed by non-Indians in Indian Country, which was a major blow to almost two hundred years of precedent. Justice Riley also remarked on the upcoming case Brackeen v. Haaland, which deals with a constitutional challenge to the Indian Child Welfare Act (ICWA). She noted how the Court is all too willing to jettison well-settled precedent. This worries her given the gravity of what is at stake if ICWA is held unconstitutional, since the Act establishes minimum standards for the removal of Native American children and a preference that those removed be placed with extended family members or in Native foster homes.

Lastly, six students from various student group organizations at the University of Colorado Law School were selected to ask their own questions of the Chief Justice. Student questions ranged from ABA requirements to teach cross-cultural competency to the important milestones achieved by Indigenous people of Oklahoma to the incorporation of international human rights into tribal jurisprudence.

Chief Justice Riley shared how she grew up on a farm in rural Oklahoma and uses this unique upbringing to inform her perspective while hearing cases on her tribe's high court. She spoke of the very close connections she has with members of her tribe and how that impacts her role as Chief Justice. She stressed the importance of bringing context and empathy to all of the cases she hears. As far as the future of tribal courts and Indigenous Sovereignty, Justice Riley remains hopeful for two particular reasons: first, tribes are still here despite centuries of efforts of erasure by the federal government; and second, young people make up the most sophisticated generation in the history of the world, which has enabled an international movement for Indigenous rights. As Justice Riley put it, "Indian tribes are governing and living on behalf of seven generations after them," and it is precisely this long-view thinking that will ensure the survival of Indigenous people.

After the talk wrapped up, Professor Kristen Carpenter, Director of the CU American Indian Law Program, gave closing remarks and introduced the student leadership from the Native American Law Students Association (NALSA). As is tradition when a member of the community adds something of value, Justice Riley and Professor Malveux were gifted blankets by NALSA.

Professor Kristen Carpenter, Director of the American Indian Law Program, and student leaders from NALSA present Chief Justice Riley and Professor Malveaux with gift blankets.

A reception open to all attendees followed the lecture, which allowed students, lawyers, scholars and community members the opportunity to meet Justice Riley and ask additional questions. An intimate dinner followed with invited guests with further opportunity for community building.

In the days that followed, students from the American Indian Law Clinic at Colorado Law reflected on this year's Stevens Lecture. Kate Newman, a second-year student attorney at the clinic noted, "I think it’s wonderful that the law school is highlighting Indigenous voices and that Chief Justice Riley very eloquently connected with people of all experience levels to bring attention to important native issues."

“We are so grateful to Justice Riley for sharing her experience and perspective,” remarked Professor Malveaux. “From experts in the field of American Indian Law to those learning about these issues for the first time, the universal feedback we’ve received is how inspiring and informative her presentation was.”

“The experience of preparing for and conducting the fireside chat was eye-opening for me too,” Professor Malveaux added. “I can’t imagine going forward teaching my first year Civil Procedure class without recognizing the role of tribal courts and the importance of the “third sovereign.”

Professor Kristen Carpenter, Dean Lolita Buckner Inniss, Chief Justice Angela Riley, Professor Suzette Malveaux.

From left to right Byron White Center Fellows Tia Nelson, Essence Duncan, Francesca Lipinsky DeGette, with Fellows Madeleine Chalifoux-Gene, Michaela Calhoun, and Charlie Goodenow.

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Revitalizing Indigenous Peoples’ Languages: A Matter of Human Rights

Anonymous — Wed, 19 Oct 2022 19:40:24 +0000

Revitalizing Indigenous Peoples’ Languages: A Matter of Human Rights Anonymous (not verified) Wed, 10/19/2022 - 13:40

Across the world, experts estimate that one language dies every two weeks, and with it, unique modes of communication, cultural knowledge, and religious practices. In the U.S.—as most tribal nations are battling language extinction and dormancy following federal assimilation policies—researchers in law and linguistics at the University of Colorado are working with Indigenous leaders to identify best practices in language revitalization and to propose reforms to law and policy.

The 54th Algonquian Conference: Launching the International Decade of Indigenous Languages, hosted by the Center for Native American and Indigenous Studies (CNAIS) and the University of Colorado Law School with support from an Innovative Seed Grant from the Research and Innovation Office (RIO) and the Department of Linguistics, will be held Thursday, October 20 through Sunday, October 23 at the law school. Speakers from the United Nations, U.S., and Canada will address both the causes of language loss and opportunities for revitalization.

Register for the conference here.

“The United Nations declared the International Decade of Indigenous Languages 2022-2032 to address the dire situation of Indigenous languages globally and promote a plurilingual future where all peoples are free to speak and communicate in their mother tongues,” said Aleksei Tsykarev, Vice Chair of the United Nations Permanent Forum on Indigenous Issues. A lifelong language activist and human rights expert, Tsykarev will give the conference’s opening address on Thursday, Oct 20, at 5 p.m.

For American Indian tribes in the U.S., addressing language loss is an urgent matter. The Cherokee Nation of Oklahoma, for example, has reported only 2000 first language speakers out of a population of over 400,000 tribal members. These figures are not accidental. As the federal government’s 2022 Investigative Report revealed, the United States operated “boarding schools” for over 100 years to “assimilate” Indigenous children by requiring them learn English, Christianity, and manual labor. Children who spoke their Indigenous languages were punished, often severely so, and many died in these institutions. Intergenerational transmission of Indigenous languages nearly ceased, and Indigenous Peoples lost their traditional means of communication and speech, as well as religious, cultural, scientific, political, and familial practices relying on concepts and worldviews expressed in Indigenous languages.

“Language rights are human rights,” said Council Tree Professor of Law and Director of the American Indian Law Program Kristen Carpenter. “Governments, including the United States, have an obligation to remedy past oppression and support Indigenous communities in their language revitalization.” Carpenter is co-chairing the conference with Professor Andy Cowell and Professor Alexis Palmer in the Department of Linguistics.

The conference will culminate in a special issue of the University of Colorado Environmental Law Journal entitled Visions for the International Decade of Indigenous Languages, including Indigenous leaders’ hopes and expectations for the Decade, as well as current research computational linguistics and self-determination in language education.

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Justice Angela R. Riley, Chief Justice of the Supreme Court of the Citizen Potawatomi Nation of Oklahoma, to deliver Stevens Lecture on October 18

Anonymous — Wed, 28 Sep 2022 22:51:50 +0000

Justice Angela R. Riley, Chief Justice of the Supreme Court of the Citizen Potawatomi Nation of Oklahoma, to deliver Stevens Lecture on October 18 Anonymous (not verified) Wed, 09/28/2022 - 16:51

Justice Angela R. Riley, Chief Justice of the Supreme Court of the Citizen Potawatomi Nation of Oklahoma and internationally esteemed scholar, will join the Colorado Law community on October 18, 2022 to deliver the 11th annual John Paul Stevens Lecture. This lecture, free and open to the public, is sponsored by the Byron R. White Center for the Study of American Constitutional Law and co-sponsored by the American Indian Law Program.

In this fireside chat titled, “The Third Sovereign: Tribal Courts and Indian Country Justice,” Justice Riley will discuss Native Nations as the “third sovereign” within the legal framework of the United States. In conversation with Professor Suzette Malveaux, Director of the Byron R. White Center, she will explain the role of tribal courts in ensuring justice in Indian country. Justice Riley's presentation, beginning at 5:30 pm, will take place at the Wolf Law building and will be followed by a Q&A with Colorado Law students. There is a special opportunity for in-person guests to attend a reception following the presentation at 6:30 pm.

"Justice Riley’s lecture marks the first time a justice of the high court of an Indigenous Nation has presented this prestigious lecture," Professor Malveaux explained, "This is a historic moment for our school and an exceptional opportunity for our community. We are absolutely thrilled to learn from her."

In 2003, Justice Riley became the first woman Justice of the Supreme Court of the Citizen Potawatomi Nation of Oklahoma. In 2010 and again in 2016, she was elected by her tribe's General Council as Chief Justice. She previously served as Co-Chair for the United Nations - Indigenous Peoples’ Partnership Policy Board, with a dedicated mission to implement the UN Declaration on the Rights of Indigenous Peoples. She has worked as an Evidentiary Hearing Officer for the Morongo Band of Mission Indians and currently sits as an Appellate Justice at the Rincon Band of Luiseño Indians Court of Appeals and at the Pokagon Band of Potawatomi Indians Court of Appeals.

A renowned expert in her field, she also serves as Professor of Law and American Indian Studies at UCLA Law. She is Special Advisor to the university's Chancellor on Native American and Indigenous Affairs and directs the law school's Native Nations Law and Policy Center as well as the J.D./M.A. joint degree program in Law and American Indian Studies. Professor Riley's research focuses on Indigenous peoples’ rights, with a particular emphasis on cultural property and Native governance. Her work has been published in the nation’s leading legal journals, including the Yale Law Journal, Stanford Law Review, Columbia Law Review, California Law Review, Georgetown Law Journal and numerous others. She received her undergraduate degree at the University of Oklahoma and her law degree from Harvard Law School.

Professor Riley is a member of the American Law Institute and a co-editor of the Cohen's Handbook on Federal Indian Law. She taught as the Oneida Indian Nation Visiting Professor of Law at Harvard Law School in Fall 2015 and co-teaches the Nation Building course at the Harvard Kennedy School of Government. She has been recognized by numerous legal institutions where she has been invited to lecture on her knowledge of law and specializations in Native American and Ingenious rights. Some of these institutions include Harvard Law School, Yale Law School, The University of Arizona, along with many more established institutions.

One general CLE credit is pending for Colorado attorneys. (Colorado Law Students: This is a C.A.R.E. Pledge eligible event.)

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