Native American Sovereignty

Presenters Dr. George D. Pappas, Esq., and Hon. Matthew Martin bring historical and legal knowledge to this two-hour CLE on Native American dispossession and other relevant issues. The CLE will take place at Van Winkle Law Firm on Friday, November 15, from 9am to 11:15am. Sign up here.

Hour One–Dr. George D. Pappas, Esq:

1. Introduction to Native American Tribal Self Determination:  How Law and Literature have been blurred by the U.S. Supreme Court with respect to Native American Sovereignty
2. Theoretical Frameworks for Analysis  of U.S. Supreme Court Rulings
3. Introducing the Marshall Trilogy Cases
4. Review How The Doctrine of Discovery Became incorporated into U.S. Law
5. Review other Trilogy cases for the racial foundations and the legal dispossession of Native American lands
6. Review the impact of literature in the Marshall rulings and beyond
7.  Trace the Genealogy of literary discourses of de-humanization in late 19th Century,  20th Century and 21st Century  to U.S. Supreme Court rulings relating to Native Americans.
8.  Forecast the jurisprudencial future of Native American self determination in light of The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
9. America’s Exceptionalism can only be realized by acknowledging the true legacy of Native American dispossession, respecting international human rights jurisprudence and domesticating Int’l law.

Hour Two–Hon. Matthew Martin:

In this one hour segment, we will examine some of the quirks, frustrations, and nuances surrounding the competing exercise of jurisdiction between Tribes, States, and the government of the United States in the area of traffic safety.  We will focus on the Qualla Boundary, the reservation of the Eastern Band of Cherokee Indians.

Introduction–We will examine the “Marshall Trilogy” of cases, building upon Dr. Pappas’ earlier presentation, with a quick look at the history of the modern day trust relationship to establish a foundation for analysis.

Jurisdictional Maze–We will explore an overview of the jurisdictional “maze,” relevant to traffic cases in Indian Country, utilizing both the “Kilbourne Chart,” as well as Judge Letts’ chart for the magistrates in the far western parts of North Carolina.

Problems–Utilizing these documents, we will discuss some problems commonly seen in Indian Country in the traffic arena.

Conclusion–We will attempt to link the results of the problems discussed with larger policy concepts including Tribal sovereignty and the overarching goal of public safety.  Hopefully we will have questions, so this will be interactive and we can enjoy some peer-to-peer learning.

Please view more information about Dr. George Pappas, Esq. here; and about Hon. Matthew Martin here.