News & Events

articles

  • Showing the Way: Tribal and State Court Systems Unite to Ensure Best Practices and Solid Relationships

    By: Eric Abeita | Intern Theodore J. Griswold | Partner | ted.griswold@procopio.com Judicial interface between Tribal Court systems and other courts can be a challenge; however, there are ways to smooth the relationship and learn from one another.  In 2006, the New Mexico Supreme Court recognized the Tribal-State Judicial Consortium as one of its advisory committees.  The Consortium previously existed for many years, and was founded to strengthen the relationships between State and Tribal Cour...

    Read More
  • Does the 9th Circuit Have Buyer’s Remorse? Carcieri in the Context of IGRA’s “Good Faith” Requirement of States

    By: Christopher R. Scott | Intern Theodore J. Griswold | Partner | ted.griswold@procopio.com In a move heartening to many in the field of Indian Law, the 9th Circuit has decided to rehear en banc the appeal of the Big Lagoon Indian Gaming Regulatory Act (IGRA) case.  The previous hearing in front of a three-judge panel resulted in a decision against the Tribe founded on the Carcieri principle, apparently applied retroactively.  The decision caused concerns among the Native American Bar, and no...

    Read More
  • PLSI: Empowering Indian Country, Building the Legal Profession and Native Bar

    By: Eric Abeita | Intern Theodore J. Griswold | Partner | ted.griswold@procopio.com Transitioning into law school can be a difficult process.  The methods of research, analysis, and writing that are distinct to the legal profession are different than those learned in undergraduate or other graduate course work.  The ability to think like a lawyer is a trained and developed skill, and doesn’t come naturally to many people.  This is why the Pre-Law Summer Institute (PLSI)...

    Read More
  • Medicine Bluffs: Sacred Spaces, Healing Ceremony

    By: Stephanie Conduff | Law Clerk | stephanie.conduff@procopio.com Theodore J. Griswold | Partner | ted.griswold@procopio.com I was recently invited to the sacred Summer Solstice Prayer Ceremony with the Comanche Nation. It took place on Medicine Bluffs on their traditional lands – a place surrounded by sage, a serene vista and on a bluff that allowed me to see for miles in the four directions. Elders shared with me that Medicine Bluffs is considered a place of puhu. In their Native language p...

    Read More
  • Benefits Abound for Tribes Looking to Operate Their Own Utility

    By: Christopher R. Scott | Intern Theodore J. Griswold | Partner | ted.griswold@procopio.com If you want something done right, you have to do it yourself, or so the saying goes. It’s a saying that couldn’t be more apt for those tribal governments who have created their own utility company. Plagued by high electricity costs for some tribal citizens, no electricity access for others, and a disinterested non-Tribal utility serving their reservations, a handful of tribal governments have asserte...

    Read More
  • Give Us Our Stuff Back

    By: Eric Abeita | Intern Theodore J. Griswold | Partner | ted.griswold@procopio.com Last month, the Paris auction house, EVE, attempted to sell 29 Hopi headdresses known as Katsinam.  This same auction house has sold various Native American religious items in four auctions within the past 18 months.  This auction, however, was challenged legally by the United States Embassy in Paris.  The US Embassy filed two actions to stop the sale of the sacred items, but both were defeated.  The Board of...

    Read More
  • It’s Just that Simple: Carcieri Fix Passes Senate Committee Vote

    By: Christopher R. Scott | Intern Theodore J. Griswold | Partner | ted.griswold@procopio.com Attorneys and scholars like to wax poetic about theories of interpretation and jurisprudence, but sometimes all it takes to change the law is a vote. In the context of Native American Law, the “Plenary Power of Congress” has become almost a throw-away phrase—one often referenced but far less frequently relied upon. That Power can be destructive or productive, depending upon the direction in which t...

    Read More
  • Good News Regarding Income Tax Relief for Certain Tribal Government Programs

    By: Eric D. Swenson | Senior Counsel | eric.swenson@procopio.com Theodore J. Griswold | Partner | ted.griswold@procopio.com On June 4, 2014, the Internal Revenue Service (IRS) issued Revenue Procedure 2014-35, which provides the requirements that must be met order for an Indian Tribal program to meet the requirements necessary for the General Welfare Exclusion to apply.  A General Welfare program is a social welfare program offered by a government to its people, including Indian Tribe's to its ...

    Read More
  • Don't “Waive” Goodbye to Sovereign Immunity…

    By: Christopher R. Scott | Intern Theodore J. Griswold | Partner | ted.griswold@procopio.com For those of us interested in the more wonky corners of the profession, there is an ever-expanding jurisdictional split on the horizon at the intersection of Civil Procedure and Federal Indian law. As one of those enthusiasts, I found this most recent case to be fascinating both for its approach to Federal Indian Law generally and its take on sovereign immunity. The United States District Court for the E...

    Read More
  • Attorney General's Indian Country Fellowship

    By: Stephanie Conduff | Law Clerk | stephanie.conduff@procopio.com Theodore J. Griswold | Partner | ted.griswold@procopio.com The Department of Justice has created an opportunity in Indian Country worthy of serious praise. Prosecutors have the best shot at helping people. They are positioned to assist our people into more empowering places – restorative justice programs – including federal court programs for veterans.  For example, the U.S. District Court in Roanoke, Virginia, began its Vet...

    Read More