25th Annual Coming Together of Peoples Conference

ILSA hosted its 25th Annual Coming Together of Peoples Conference at the University of Wisconsin Law School March 25-26, 2011.

Wisconsin attorneys attending the entire conference earned 9 CLE credits.

The conference began on Thursday night with a reception to welcome our guests at Brocach Irish Pub from 7:30 to 9:30 pm.

FRIDAY:

Welcome, Drum Ceremony and Prayer at 9:30 am, room 2260

Risky Investments? Tribal Debt & Finance After Wells Fargo v. Lake of Torches
9:45-11:15 am, room 2260, 1.5 CLE credits
Aaron Harkins
Gavin Clarkson
Jeff Carey

This panel will analyze the potential impacts of the Wells Fargo Bank, N.A. as Trustee v. Lake of the Torches decision.  What bearing does this recent decision have given the current atmosphere of financial distress?  Will lenders harbor concerns that tribes might favor tribal members over lenders in times of financial distress?  What are the implications of the fact that only tribes may possess ownership stakes in casinos?

Workers Rights Meet Tribal Sovereignty
11:15 am-12:30 pm, room 2260, 1.5 CLE credits
Dawn Baum
D. Michael McBride
Kevin Wadzinski

The recent application of the National Labor Relations Act to tribes makes businesses run by tribes on their reservations one of the few areas where unions have expanding membership. How will unions respect tribal sovereignty? Should they? What are tribes doing to counteract the influence of unions in their sovereign territory? Have tribes had to change business policies or practices because of these rulings?

ILSA and 25 Years of Federal Indian Law and Policy
Keynote by Larry Roberts, general counsel, NIGC
1:45-2:45 pm, room 2260

Dueling Sovereigns: Collecting Taxes in Indian Country
3-4:30 pm, room 2260, 1.5 CLE credits
Brian Pierson
Jed Roher
Gabe Galanda
Anthony Broadman

State and tribal regulations arguably come into the most direct conflict at tax time. Efforts to streamline the federal tax code could lead the IRS to treat tribes more similarly to states, and some states would like to implement on-reservation sales taxes to ease their budget crises. What case can be made for the interests of each sovereign, and who has been winning when they collide?

Reception with special guest Edmund Manydeeds
5-7 pm, Law School Atrium

Mr. Manydeeds is a UW Law alumnus, civil trial attorney, and member of the UW Board of Regents. He has served on the governor’s Judicial Selection Committee and with the Office of Lawyer Regulation.

SATURDAY:

Jurisdictional Maze: The Practical Implications of the Tribal Law and Order Act
10:30 am-11:45 pm, room 2211, 1.5 CLE credits
Professor Elizabeth Kronk
Professor Barbara Creel
Jeff Davis

Indian Country faces unique criminal issues, and tribes must deal with complex jurisdictional problems when responding to crime. How have the Tribal Law and Order Act and PL-280 changed law enforcement and broader governance? Should tribal sentencing authority be increased? When federal laws are designed to apply to Natives, how does a jury decide if someone qualifies? What effect does it have to make someone’s political status a question of fact that goes to a jury?

New Court, New Rules? Evolution of Indian Law in the Supreme Court
1-2 pm, room 2211, 1.5 CLE credits
Professor Colette Routel
Thomas Gede

Professor Routel and Mr. Gede will explore how Indian sovereignty has been handled in the modern Supreme Court by focusing on the outcomes of U.S. v. Lara, Plains Commerce Bank v. Long Family Land & Cattle Co., Carcieri v. Salazar, and Minnesota v. Mille Lacs Band. This diverse set of cases shows how recognition of sovereignty may alter tribal jurisdiction, treaty and statutory interpretation, and property disputes. Co-sponsored by the Federalist Society.

Past, Present, & Future: Innovations in Tribal Property Law
2:15-3:30 pm, room 2211, 1.5 CLE credits
Professor Richard Monette
Professor Stacy Leeds
Samantha Greendeer

A variety of land ownership systems have been either developed by tribes or imposed upon them throughout history, and each has affected tribal self-governance. How do methods of ownership deal with today’s challenges to sovereignty? What systems are tribes using when owning land not in trust? What rights do they have to convey land held in fee simple? In what direction are Indian property rights headed?

Following the Conference, ILSA hosted the LEO Banquet at the Concourse Hotel and the Banquet After Party at Brickhouse BBQ.

We would like to thank the Conference’s sponsors: the UW Law School, Associated Students of Madison, Wisconsin Experience, and the State Bar of Wisconsin.