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  • Peacemaking, Restorative Justice and Empowering Native Communities

    By: Stephanie Conduff | Law Clerk | stephanie.conduff@procopio.com Theodore J. Griswold | Partner | ted.griswold@procopio.com I am a certified peacemaker. How so? How many of our readers know what that means? Raise your hands? Okay, that’s what I thought… At this point, you may imagine me calming the nerves of family members or even that of co-workers at the water cooler. Maybe you envision a circle and a talking piece. You see — circles— even blogging circles — are trendy. Even this...

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  • Tribes' Co-Regulator Status Not Sufficient to Negate Ninth Circuit's General Applicability Standard

    By: Sandra L. Shippey | Partner | sandra.shippey@procopio.com Theodore J. Griswold | Partner | ted.griswold@procopio.com The United States District Court for the Central District of California recently issued an Order a granting a petition by the federal Consumer Financial Protection Bureau (“CFPB”) to enforce its civil investigative demands (“CID’s”) against three tribally owned online lending companies operating on tribal reservations and in doing so followed the Ninth Circuit rule s...

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  • Now Accepting Applications for Procopio's 2015 Native American Internship Program

    By: Theodore J. Griswold | Partner | ted.griswold@procopio.com Procopio has a long-standing tradition of providing growth opportunities to the communities we serve. Procopio's Native American Practice Group extends this tradition by actively investing in the future leaders of Indian Country through offering paid internships for Native American law students or law students with an emphasis in Native American law. Please join us in identifying qualified legal students within Native American commun...

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  • Where are they now? 7 and Counting… The Procopio Native American Internship Alumni.

    By: Theodore J. Griswold | Partner | ted.griswold@procopio.com As we begin our journey looking for talent for our 2015 Procopio Native American Internship program throughout Indian Country, I think it is important to pause and reflect on the alumni that have made this program what it is today. We have reconnected with each of our alumni and want to share with you what they are doing and where they are doing it from – it is a diverse group of sovereigns and regions represented by Procopio’s t...

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  • The IGRA as Protector: DOJ Weighs in on Duluth-Fond du Lac Casino Dispute

    By: Tyler Fish | Guest Contributor Theodore J. Griswold | Partner | ted.griswold@procopio.com The U.S. Department of Justice this week submitted a cross-motion for summary judgment in City of Duluth v. National Indian Gaming Commission (D.C.). The case concerns attempts by the City of Duluth to maintain influence over economic development efforts by the Fond du Lac Band of Lake Superior Chippewa in downtown Duluth, MN. The DOJ’s cross-motion affirms NIGC’s regulatory authority and promotes o...

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  • Equal Footing: ABA Recognizes Members of Tribal Courts as Bar Members

    By: Theodore J. Griswold | Partner | ted.griswold@procopio.com The American Bar Association (ABA) has long recognized the important role of human rights relating to Native American people and their way of life (see ENVIRONMENTAL HAZARDS AND JURISDICTION ON TRIBAL LANDS, an article originally published in Human Rights Magazine, a publication of the American Bar Association Section of Individual Right and Responsibilities). Ironically, with an eye toward the needs of tribal communities, the...

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  • A Story of San Diego That Needs to Be Told More Often

    By: Christopher R. Scott | Intern Theodore J. Griswold | Partner | ted.griswold@procopio.com As I speak with strangers, acquaintances, and new friends I have met during my time in San Diego, I am repeatedly met by blank stares when I mention I am involved in the field of Native American Law. Of course it’s a niche practice, and I would expect nothing less from citizens of a state in which the Native population is relatively small. But consider these facts about San Diego: it sits in a state wi...

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  • New Source for Digitized Indigenous Laws – Library of Congress Native American Law Clearinghouse Now Available.

    By: Theodore J. Griswold | Partner | ted.griswold@procopio.com Sometimes it is difficult for Tribal Governments to get a start on developing Tribal Codes, or ordinances or resolutions to serve a new program. The Library of Congress has created an online resource that should help with your efforts. The Indigenous Law Portal brings together a collection of tribal websites, Indigenous programs, tribal codes (including full land use ordinances), tribal zoning maps, Constitutions, and other origin...

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  • 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...

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  • 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...

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