Blog 3 Legal Issues

The online source that I chose was the 2008-2011 Case Law on American Indians, which was
compiled by Thomas P. Schlosser.  Mr. Schlosser holds a J.D. from the University of
Virginia Law School and he is a founding member of the Indian Law Section of the
Washington State Bar Association.  The information contained in the document is
massive and it is an incredible source for discussion.  This source is important because it was
compiled by an individual who has been practicing law for forty years and has spent a lot
of time and energy on Indian affairs.  The Table of Contents section addresses various areas of
American Indian concern like Child Welfare Law; Fisheries, Water, Ferc, Bor; Gaming; Land
Claims; and Sovereign Immunity and Federal Jurisdiction.  These are just a few topics that are
covered in this compilation.  Case law is important because it takes the written law and applies it
to a specific circumstance.  The way that the law is applied sets a precedent that can be used for
future cases that mirror similar circumstances.  For example, there was a case between the San
Joaquin County Sheriff’s Office and an individual known as Burley, who was a self-proclaimed
representative of the California Valley Miwok Tribe.  Burley, who is not an attorney, was
submitting a lawsuit against the Sheriff’s Office in regards to an illegal eviction of Indians from
Indian lands.  The lawsuit was ultimately dismissed because Burley is not an attorney and the
court found that even if she was appointed by her tribal people to represent them, it would be
inappropriate for her to represent the tribe in a legal matter.  The case was dismissed and the
Tribe would be informed that if they wished to proceed and re-file the action, they must appear
in federal court with representation by an attorney (Schlosser 79).  I think this source was
selected because it shows that the Indians are still dealing with land dispute issues, but there are
people that are interested in documenting and helping.  The legal system also provided a
suggestion for future dealings by stating exactly what the Tribe needed to proceed in the legal
environment.  My view has not changed on the Natives, but it has changed with the Americans. 
There is an effort being made to protect and encourage the Tribes to proceed properly in the
system.  


Source:


Schlosser, Thomas P. 2008-2011 Case Law on American Indians. www.schlosserlawfiles.com/Indianlawseminar0310.pdf.

Comments

  1. UnknownNovember 18, 2018 at 3:36 PM

    I too enjoy reading case law. I have a family of lawyers and have taken some legal research classes. I found the San Joaquin County Sheriff's Office v. Burley pretty interesting. She did not have the qualifications to act as an attorney but she was an activist fighting for a just cause. I wonder why she didn't consult with an attorney on her findings. They might not have had legal council within their tribe. It must be difficult to find a lawyer they could trust outside of the reservation. I am not too familiar with the legal system within tribal nations and how it might differ from the United States. I would like to research this more. Thanks for your input!

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  2. Christopher O'ConnorNovember 26, 2018 at 8:11 AM

    Personally i find it difficult to read case law. It is complex and sometimes differences between arguments can leave you feeling confused. Also with laws comes the inherit grey areas because in order for laws to develop and move forward there is always some flexibility involved in there creation. Past court cases and the ability of lawyers to research these rulings have an amazing impact on the decisions made in court cases today and in the future.

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