Governing a Nation
Governance/Tribal Sovereignty
We routinely advise our Tribal clients on governance issues, ranging from how to conduct elections under Tribal laws, to expansion of their Tribal courts jurisdiction, to the means of effecting (or not effecting) a waiver of sovereign immunity under Tribal and federal law. We have advised Tribes on the scope and interpretation of their governing documents, and we regularly assist our clients in the development and promulgation of Tribal law. We also have represented a Tribes in connection with their dealings with other governments, including local governments, the states in which Tribes reside, and the United States.
Tribal Committees and Agencies
We regularly advise and counsel our Tribal clients with respect to the creation and operation of Tribal committees and agencies charged with carrying out delegated duties of Tribal government. To that end, we work with our Tribal clients to develop or modify government structures, draft governing documents, guide committees and agencies in both their internal dealings and their dealings with non-Tribal government agencies, and on operational matters. We are particularly involved in the guidance of one Tribal client’s fire department and paramedics unit, melding our federal Indian law expertise with advice from our health care lawyers.
Managing Change
Change is inevitable. Some change is forced by events beyond our control, other change is effectuated by people trying to achieve a new goal. Our lawyers are experienced in helping clients implement change. We have assisted clients, including Tribal clients, in connection with changes in the composition of governing bodies, management and advisors. However, some change is unplanned and sudden. Our attorneys have significant experience in working with clients in managing sudden transitions and assisting in "crisis management" situations.
Advice and Counsel
We regularly advise Indian Tribes on a wide variety of issues, including issues involving federal Indian law and Tribal sovereignty. For example, we have advised Tribes on Tribal governance issues, tax-related issues, the jurisdictional reach of the federal statute conferring limited state authority over Tribal lands ("Public Law 280"), as well as methods for protecting Tribal officials from the risk of liability under theories of state and federal law. We routinely advise our clients about the jurisdictional effect of judicial developments, in particular how new court opinions are affecting their sovereignty. We are currently advising one Tribe in connection with its efforts to support and enhance the subject matter jurisdiction of its Tribal court. With the advent of Indian gaming, and investment of Tribal resources in economic development projects both on and beyond sovereign lands, jurisdictional complexities – and the concomitant need for legal guidance – will only increase.
