NextGen Native

Bryan Newland | Hot Topics in Indian Law


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Vine Deloria, Jr. wrote in Custer Died for Your Sins“...law became a trap for the weary and a dangerous weapon in the hands of those that understood how to use it.” This concept drives my interest in law and public policy in Indian Country. Tribes need tribal members that understand how to use the law, argue the law, make laws, and influence the law. Laws, regulations and court cases greatly impact how we live our daily lives, especially in Indian Country.

This episode provides insight into the “hot” topics in Indian law today. Bryan Newland (Bay Mills Ojibwe) and I discuss some key pending legal cases impacting Indian Country. Bryan previously shared his personal story on the podcast. You can listen to that here.

“But I am not a lawyer and this sounds boring and/or intimidating to me. Why should I listen to a podcast about legal cases that don’t involve me or my community?” 

Because they do. And the concepts at issue in each case are not difficult to understand. I am not a lawyer, and Bryan does a great job describing these cases in a way that non-lawyers can understand and digest. The three cases we discuss are entirely different topics (tax, Indian Child Welfare Act, and sexual assault of a minor), but each impacts the sovereignty not only of those involved but of all tribes.

Two of the cases discussed--if decided wrongly--can negatively impact the sovereignty of all tribes. Information about each of the cases is also provided below. This information all links to Turtle Talk, a blog of the Indigenous Law and Policy Center at Michigan State University. It tracks different court cases impacting Indian Country. It is a great resource to track legal developments impacting tribes.

 

Dollar General v. Mississippi Band of Choctaw Indians

A.D. v. Washburn

Seminole Tribe of Florida v. Marshall Stanburg

 

Bryan and I also discuss other topics in this episode including: moving home after being away; where “home” really is; college football (Go Ducks!); healthy outlets; and more.

 

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