10-10:50 a.m.
Asserting Tribal Sovereignty in Federal Legislative Developments
From the in-house counsel perspective, the current era of Indian Self-Determination has provided many opportunities and challenges in the enactment and implementation of federal laws and policies impacting Tribal Nations. The panelists will provide perspectives on the Indian Self-Determination Education and Assistance Act (ISDEAA) implementation in 638 contracts and the self-governance processes. Other federal laws recently enacted or under development will be discussed, such as agricultural laws, educational laws, and others.
11 a.m.-12 p.m.
Protecting the Sacred from the Profit: Indigenous Intellectual Property
It is well documented that both U.S. and international intellectual property regimes are inadequate in protecting Indigenous knowledge broadly, and this shortcoming is particularly pronounced with respect to sacred knowledge, Tribal languages, oral laws and histories, and cultural traditions. This work examines how some Tribes have developed internal definitions for terminology that is typically framed and applied within non-Tribal legal systems. It further explores how these Tribal laws might be strengthened by strategically engaging with existing U.S. and international legal frameworks and instruments, thereby enabling federally recognized Tribes to safeguard their sacred knowledge while determining what aspects may be shared or utilized to support their communities’ economic development.
1-2 p.m.
Tribal Courts in the Self-Determination Era
During the Indian Self-Determination Era beginning in the 1970s, Tribal Courts have experienced further growth and expansion and at times new and different challenges. The panel will provide perspectives on developments within Tribal judicial systems in recent decades and explain types of challenges that exist for these systems.
2:15-3:15 p.m.
Conversation on Political Status of Tribal Members and Issues of Identification
This panel will focus on members of Tribal Nations and the political status of those members. The federal recognition of this political status is due to the foundational treaty relationships between Tribal Nations and the United States of America. Through the U.S. Constitution Supremacy Clause Art. VI, state governments are bound to follow the treaty provisions and federal responsibilities towards Tribal Nations. Due to lack of knowledge on the political status of Tribal members, issues around self-identification and failure to follow Tribal Nation sovereign standards have arisen.