A MUST READ for all of Indian Country and our politicians.
The editors of Arizona Law Review are pleased to announce the publication of Issue 57:1 which features the article “Curing the Tribal Disenrollment Epidemic: In Search of a Remedy” by Gabriel S. Galanda and Ryan D. Dreveskracht.
The article provides a comprehensive analysis of tribal membership, and the divestment thereof— commonly known as “disenrollment.” Chiefly caused by the proliferation of Indian gaming revenue distributions to tribal members over the last 25 years, the rate of tribal disenrollment has spiked to epidemic proportions and is without a remedy.
The article, using historic and contemporary case studies, details the federal government’s role in promoting disenrollment and describes how disenrollment operates in ways that are antithetical to tribal sovereignty and self- determination. In concludes with potential solutions to cure the tribal disenrollment epidemic.
“This article is the most important, and most thoroughly researched and argued treatment of the tribal disenrollment available in literature,” says Professor Robert A. Williams, Jr., Co-Chair of the Indigenous Peoples Law and Policy Program at the University of Arizona. He adds, “It is a must read for all of Indian country.”
Galanda is a 2000 graduate of the University of Arizona James E. Rogers College of Law, and is an enrolled member of the Round Valley Indian Tribes. He is a founding partner of the law firm Galanda Broadman, PLLC, in Seattle; his firm represents tribal governments, businesses and members in all varieties of dispute resolution and business matters.
Galanda also serves on the Native Nations Institute for Leadership, Management and Policy’s International Advisory Council. Galanda recently served as the Indigenous Peoples Law and Policy Program Distinguished Practitioner in Residence, lecturing on issues such as disenrollment and working with students.
Co-author Ryan D. Dreveskracht is a 2009 graduate of the University of Arizona James E. Rogers College of Law. At Galanda Broadman, PLLC, his practice focuses on representing businesses and tribal governments in public affairs, gaming, taxation, and energy development.
Dreveskracht writes prolifically about matters critical to Indian country, and has published in numerous peer-reviewed journals and law reviews. In 2013, he was named a “Rising Star” by the Super Lawyers rating service and Seattle Met Magazine.
3 comments:
I did a quick scan of the article. It is written well. I see our court case was sited.
287. See, e.g., Petition for Writ of Certiorari, Salinas v. Lamere, 126 S. Ct. 2291 (2006) (No. 05-1189), 2006 WL 690661 at *7 (noting that the Tribe initiating disenrollment “has no duly constituted Tribal Court, and thus no forum for meaningful judicial review”).
I look forward to reading the entire document.
In our every deliberation, we must consider the impact of our decisions on the next seven generations. - Iroquois Maxim (circa 1700-1800)
This is a landmark analysis of disenrollment and compromise of sovereignty. It is a must read! My greatest thanks and appreciation to the authors. The case law and citations alone are pure gold. So it is mandatory for the BIA to follow the policy manual! Much ammunition there.
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