Galanda, Broadman and Dreveskracht's Law Review Articles Named to Prof. Matthew Fletcher's Must-Read List

Leading American indigenous rights scholar Professor Matthew Fletcher has published, "American Indian Legal Scholarship and the Courts: Heeding Frickey’s Call," in the March 2013 volume of California Law Review.

In the article, he cites law review articles by Gabe Galanda, Anthony Broadman and Ryan Dreveskracht, respectively, in "a list of articles produced in the five years or so since Frickey’s call that...have overcome the law review market’s hurdles to meet Frickey’s criteria."

In harkening the late Prof. Philip P. Frickey's call "for dramatic changes to the goals and methodologies of American Indian legal scholarship...in favor of more grounded and empirical scholarship, work that could inform the Court about the realities on the ground in Indian country," Prof. Fletcher concludes his paper with "a celebration of the impact Frickey’s call already has had on the academy":

[S]everal American Indian legal scholars are doing their damnedest to meet Frickey’s call. Federal and state judges are not the only audience. Legal scholarship is for practicing attorneys; tribal, state, and federal leaders; and many others, too. And so I conclude this short paper with my own reading list of recent work that unquestionably fulfills the call for new realism in American Indian legal scholarship. I include articles dating back five years or so that meet one or more of the criteria articulated by Frickey. I also add a list of excellent “nuts and bolts” articles.

Prof. Fletcher's "must-read" list includes:

Gabriel S. Galanda, Arbitration in Indian Country: Taking the Long View, 65 DISP.RESOL.J., Nov. 2010-Jan. 2011, at 30.

Anthony Broadman, Know Your Enemy: Local Taxation and Tax Agreements in Indian Country, AM. INDIAN L.J., Trial Issue 2012, at 1.

Ryan David Dreveskracht, Native Nation Economic Development Via the Implementation of Solar Projects: How to Make It Work, 68 WASH.&LEE L.REV. 27 (2011).

Gabe, Anthony and Ryan are truly honored by Prof. Fletcher's citation to and inclusion of their law review scholarship in his most important paper regarding the state and future of American Indian legal scholarship.

Gabriel "Gabe" Galanda is a partner at Galanda Broadman PLLC, of Seattle, an American Indian owned law firm.  Trained by the American Arbitration Association, Gabe arbitrates disputes between tribal and non-tribal governments and other parties, as well as mediates such disputes.  He is an enrolled member of the Round Valley Indian Tribes of Covelo, California.  Anthony Broadman is also a partner at the firm, practicing in Bend, Oregon. His practice focuses on company-critical business litigation and representing tribal governments, especially in federal, state and local tax controversy. Ryan Dreveskracht is an associate at the firm. His practice focuses on representing businesses and tribal governments in public affairs, energy, gaming, taxation, and general economic development.

Galanda Broadman Named "Gaming Law Firm of the Year in Washington"

Corporate INTL magazine has chosen the Pacific Northwest tribal law firm Galanda Broadman, PLLC, as the Boutique winner of the 2013 Corporate Intl Magazine Legal Award for "Gaming Law Firm of the Year in Washington." The award follows several recent honors for Galanda Broadman and its lawyers. In November 2012, Galanda Broadman received a prestigious Tier 1 ranking in the 2013 Edition of U.S. News – Best Lawyers “Best Law Firms,” in the arena of Native American Law. In addition, firm partner Gabe Galanda was then named to The Best Lawyers in America in the practice areas of both Gaming Law and Native American Law, for the seventh straight year. He was named a “Difference Maker” by the American Bar Association in November as well.

In December 2012, Lawyers of Color listed the firm in its Big Book of the Best Boutiques, an exclusive, national listing of the top minority law firms in each state. Then, in January 2013, Seattle Business Magazine honored Gabe as one of “the Puget Sound Region’s Best Lawyers for 2013,” in both the arenas of Native American Law and Gaming Law.

Galanda Broadman, “An Indian Country Law Firm,” is dedicated to advancing tribal legal rights and Indian business interests.  The firm, with offices in Seattle, Washington and Bend, Oregon, represents tribal governments, businesses and members in critical litigation, business and regulatory matters, especially in matters of Indian Treaty rights, tribal sovereignty and taxation.

Gabe is an enrolled member of the Round Valley Indian Tribes of California. He currently sits on the National Native American Bar Association (NNABA) Board of Directors, chairing the group’s “Include Indian Law on State Bar Exams” Initiative, and co-chairing its “Increase Natives and Tribal Court Judges in the Judiciary” Initiative. Gabe is a past President of the Northwest Indian Bar Association and past Chair of the Washington State Bar Association (WSBA) Indian Law Section.

Firm partner Anthony Broadman is the immediate past Chair of the WSBA Administrative Law Section, and author of “Administrative Law in Washington Indian Country.”  In September 2012, Anthony was specially honored for his outstanding service as Chair of the Administrative Law Section.  He is a former Trustee of the WSBA Indian Law Section, and also serves as Editor-in-Chief of the Section’s Indian Law Newsletter. Anthony has been named a Rising Star by Washington Law & Politics-Super Lawyers magazine.

Ryan Dreveskracht is a firm associate. Prior to joining Galanda Broadman he was a law clerk to the Honorable Kathleen Kay, in the U.S. District Court for the Western District of Louisiana. Ryan has published ten journal and law review articles in 2011-12 alone, on issues like tribal renewable energy, and has served as the Managing Editor for the National Lawyer’s Guild Review since 2010.

Seattle Tribal Lawyer Gabe Galanda Argues for the ACLU Before Washington Supreme Court

On January 22, 2013, Gabe Galanda appeared before the Washington State Supreme Court on behalf of the ACLU of Washington, to co-argue State v. Clark. His argument can be watched on TVW (at 35:49). The case concerns whether a county search warrant, obtained and executed by city police without any attempt to involve the tribal police or court, lacked authority of law, since it authorized the search of a tribal member’s home situated on tribal trust land.

The briefing is available here, including the amicus brief co-authored on behalf of the ACLU by Gabe and Ryan Dreveskracht.

Gabriel "Gabe" Galanda is a partner at Galanda Broadman PLLC, of Seattle, an American Indian owned law firm.  He is an enrolled member of the Round Valley Indian Tribes of Covelo, California.  Gabe assists tribal governments and businesses in all matters of tribal sovereignty and self-governance, especially in legal opposition to federal, state and local government encroachment.  Gabe can be reached at 206.691.3631 or gabe@galandabroadman.com.

Indian Country Lawyers Galanda Broadman Open New Seattle Office

Galanda Broadman, PLLC, is proud to announce the opening of its new office in North Seattle, Washington. Come see us!

Galanda Broadman, “An Indian Country Law Firm,” is dedicated to advancing tribal legal rights and Indian business interests. The firm, which is headquartered in Seattle, and also has offices in Bend, Oregon, represents tribal governments, businesses and members in critical litigation, business and regulatory matters, especially in matters of Indian Treaty rights, tribal sovereignty and taxation.

In November 2012, Galanda Broadman received a prestigious Tier 1 ranking in the 2013 Edition of U.S. News - Best Lawyers “Best Law Firms,” in the arena of Native American Law. In addition, firm co-founder Gabe Galanda was then named to The Best Lawyers in America in the practice areas of both Gaming Law and Native American Law, for the seventh straight year. Also, last month Lawyers of Color listed the firm in its Big Book of the Best Boutiques, an exclusive list of the top minority law firms in each state.

Gabe is an enrolled member of the Round Valley Indian Tribes of California. He currently sits on the National Native American Bar Association (NNABA) Board of Directors, chairing the group’s “Include Indian Law on State Bar Exams” Initiative, and co-chairing its “Increase Natives and Tribal Court Judges in the Judiciary” Initiative. Gabe is a past President of the Northwest Indian Bar Association and past Chair of the Washington State Bar Association (WSBA) Indian Law Section.

Co-founder Anthony Broadman is the immediate past Chair of the WSBA Administrative Law Section, and author of “Administrative Law in Washington Indian Country.”  In September 2012, Anthony was specially honored for his outstanding service as Chair of the Administrative Law Section.  He is a former Trustee of the WSBA Indian Law Section, and also serves as Editor-in-Chief of the Section’s Indian Law Newsletter. Anthony has been named a Rising Star by Washington Law & Politics-Super Lawyers magazine.

Ryan Dreveskracht is a firm associate. Prior to joining Galanda Broadman he was a law clerk to the Honorable Kathleen Kay, in the U.S. District Court for the Western District of Louisiana. Ryan has published ten journal and law review articles in 2011-12 alone, on issues like tribal renewable energy, and has served as the Managing Editor for the National Lawyer’s Guild Review since 2010.

Galanda Broadman Named Amongst Washington Puget Sound Region's "Best Lawyers in the Business"

Seattle Business Magazine has honored Galanda Broadman, PLLC, in its listing of "the Puget Sound Region's Best Lawyers for 2013," in both the arenas of Gaming Law and Native American Law. The firm was selected as some of the "best lawyers in the business" in the State of Washington by Galanda Broadman's peers, and is the only American Indian-owned law firm to receive these honors. This honor follows several other recent honors for Galanda Broadman and its lawyers. In November 2012, Galanda Broadman received a prestigious Tier 1 ranking in the 2013 Edition of U.S. News - Best Lawyers “Best Law Firms,” in the arena of Native American Law. In addition, firm co-founder Gabe Galanda was then named to The Best Lawyers in America in the practice areas of both Gaming Law and Native American Law, for the seventh straight year. Gabe was named a "Difference Maker" by the American Bar Association in November as well. Also, last month Lawyers of Color listed the firm in its Big Book of the Best Boutiques, an exclusive list of the top minority law firms in each state.

"This honor gives us great pride. We work our very hardest for our tribal clients and to receive recognition from them and from our peers feels awesome," said Gabe in a recent Indian Country Today interview. "We are privileged to be entrusted to represent tribal governments and Indian people, frequently during very critical times. It is the opportunities that our tribal clients have given us, and the results we have been able to obtain for them, and the underlying teamwork with our clients and each other that resulted in this honor. We feel as grateful to our tribal clients for those opportunities as we feel honored by this accolade."

Galanda Broadman, PLLC, “An Indian Country Law Firm,” is dedicated to advancing tribal legal rights and Indian business interests. The firm, which is headquartered in Seattle, Washington and also has offices in Bend, Oregon, represents tribal governments, businesses and members in critical litigation, business and regulatory matters, especially in matters of Indian Treaty rights, tribal sovereignty and taxation.

Gabe is an enrolled member of the Round Valley Indian Tribes of California. He currently sits on the National Native American Bar Association (NNABA) Board of Directors, chairing the group’s “Include Indian Law on State Bar Exams” Initiative, and co-chairing its “Increase Natives and Tribal Court Judges in the Judiciary” Initiative. Gabe is a past President of the Northwest Indian Bar Association and past Chair of the Washington State Bar Association (WSBA) Indian Law Section.

Anthony is the immediate past Chair of the WSBA Administrative Law Section, and author of “Administrative Law in Washington Indian Country.”  In September 2012, Anthony was specially honored for his outstanding service as Chair of the Administrative Law Section.  He is a former Trustee of the WSBA Indian Law Section, and also serves as Editor-in-Chief of the Section’s Indian Law Newsletter. Anthony has been named a Rising Star by Washington Law & Politics-Super Lawyers magazine.

Ryan Dreveskracht is a firm associate. Prior to joining Galanda Broadman he was a law clerk to the Honorable Kathleen Kay, in the U.S. District Court for the Western District of Louisiana. Ryan has published ten journal and law review articles in 2011-12 alone, on issues like tribal renewable energy, and has served as the Managing Editor for the National Lawyer’s Guild Review since 2010.

Streaming Podcast: Gabe Galanda Offers Indian Gaming Forecast Via 113th Congress

Today, Gabe Galanda spoke on the CEM Audio Edge's Gaming Law News live show, regarding gaming issues from a tribal perspective and what the 113th Congress might or might not do to address and resolve these issues. The show gathers attorneys, policymakers and commentators to discuss crucial legislation affecting state and federal jurisdictions around the world. A few excerpts:

As a tribal advocate, I do not believe that tribal i-gaming should be regulated by states. First and foremost, to the extent tribal i-gaming is confined to Indian Country, as a matter of tribal sovereignty, states should have no role in its regulation. That said, I do generally agree that for sake of integrity of game play, dual regulation makes sense; meaning tribal and federal regulation, as we have with Class II Indian gaming.

States should also not play a regulatory role in i-gaming because unlike the situation in 1988, where generally speaking tribes did not have the regulatory experience that states like Nevada and New Jersey had then and as such, tribes needed help in gaming regulation, today tribes are very sophisticated in gaming regulation. In fact, tribal regulators have proven themselves more sophisticated than state regulators in many instances.

Moreover, states will use any Congressionally delegated regulatory role to extort taxes or revenue-sharing from i-gaming tribes, which is patently acceptable.

Based on Congress’s pace to date, it’s a safe bet that we’re heading toward state-by-state regulation of Internet gaming – tribes will have to fit into the cracks that such regulations create. . . . It will be a tribe by tribe process, in which tribes attempt to comply with both the requirements of IGRA and their compacts.

A vote on the [Akaka Carcieri fix] bill did not happen in 2012. U.S. Senators from Rhode Island and Northern California have done everything in their power to stymie a Carcieri fix, and successfully so as of yet. As long as they continue to do so, a Carcieri fix may not even get a vote in 2013.

The result of this [Patchak] decision is that a party claiming harm to property nearby proposed trust land has standing under the APA to bring a lawsuit. This creates considerable risk for casino developers because the statute of limitations under the APA is considerably longer than that of the QTA – creating much more time that a party has to challenge the DOI's trust transaction.

Two days after the fiscal cliff debacle, I would note that the Congress delivered some unexpected good news to Indian Country, in the form of tax relief. Although not gaming specific – of course Indian gaming is per se tax exempt – Congress passed a number of tax fixes that are advantageous to tribal governments engaged in economic development or diversification efforts.

Looking further into 2013, it is impossible to predict how the anemically bipartisan Congress will behave relative to i-gaming in general, or any matter of Indian gaming, be it TOGA or a Carcieri-fix. Generally speaking, I do not predict good things to come Indian Country via the 113th Congress. Any legalized inter-state i-gaming will somehow erode tribal sovereignty. . . . As such, the status quo, at least on i-gaming, might not be such a bad thing.

Gabriel "Gabe" Galanda is a partner at Galanda Broadman PLLC, of Seattle, an American Indian owned law firm.  He is an enrolled member of the Round Valley Indian Tribes of Covelo, California.  Gabe assists tribal governments and businesses in all matters of tribal economic development and diversification, including entity formation and related tax strategy. He also helps tribes and tribal businesses and joint ventures withstand attack from federal, state and local government. Gabe can be reached at 206.691.3631 or gabe@galandabroadman.com.

Chrystal Byrd Joins Galanda Broadman's Indian Law Team

We are proud to announce that Yakama Member Chrystal Byrd has joined Galanda Broadman, PLLC, as a paralegal. Chrystal received her Bachelors of Science Degree in Criminal Justice, with a specialization in Forensic Science, from Seattle University, and her Paralegal Certificate from Seattle Central Community College. Chrystal previously worked as a Indian Child Welfare Case Manager for the Tulalip Tribes; a Gang Intervention Counselor for the Muckleshoot Indian Tribe; a Corrections Officer for the Washington State Department Corrections at the McNeil Island Correction Center; a Case Management Assistant at Seattle Municipal Court; and an intern at the Yakama Nation Prosecutor’s Office. She will be applying to law school this fall.

Galanda Broadman, PLLC, “An Indian Country Law Firm,” is dedicated to advancing tribal legal rights and Indian business interests. The firm, which is headquartered in Seattle, Washington and also has offices in Bend, Oregon, represents tribal governments, businesses and members in critical litigation, business and regulatory matters, especially in matters of Indian Treaty rights, tribal sovereignty and taxation.

A Look Back: Internet Gaming and "Indian Lands"

Anthony Broadman's materials from the 10th Annual Northwest Gaming Law Summit held last week in Seattle are available.  With the scrapping this week of the Reid-Kyl Internet poker bill, the outlook for online gaming in general, and tribal online gaming specifically, is as cloudy as ever.  These materials examine the approach taken by the NIGC and courts in the early 2000's when Tribes first began exploring regulated online gaming.  The regulatory scheme now in place as a result of these cases will have to be addressed in any federal legislation regarding Internet gaming.

Northwest Tribal Law Firm Galanda Broadman Named to "Best Boutiques"

Lawyers of Color has honored Galanda Broadman, PLLC, with listing in its Big Book of the Best Boutiques (B4), an exclusive list of the top minority law firms in each state. This honor follows several other recent honors for Galanda Broadman and its lawyers. Last month, Galanda Broadman recently received a prestigious Tier 1 ranking in the 2013 Edition of U.S. News - Best Lawyers “Best Law Firms,” in the arena of Native American Law. In addition, firm co-founder Gabe Galanda was named to The Best Lawyers in America in the practice areas of both Gaming Law and Native American Law, for the seventh straight year. Gabe was also recently named a "Difference Maker" by the American Bar Association.

Galanda Broadman, PLLC, “An Indian Country Law Firm,” is dedicated to advancing tribal legal rights and Indian business interests. The firm, which is headquartered in Seattle, Washington and also has offices in Bend, Oregon, represents tribal governments, businesses and members in critical litigation, business and regulatory matters, especially in matters of Indian Treaty rights, tribal sovereignty and taxation.

Gabe is an enrolled member of the Round Valley Indian Tribes of California. He currently sits on the National Native American Bar Association (NNABA) Board of Directors, chairing the group’s “Include Indian Law on State Bar Exams” Initiative, and co-chairing its “Increase Natives and Tribal Court Judges in the Judiciary” Initiative. Gabe is a past President of the Northwest Indian Bar Association and past Chair of the Washington State Bar Association (WSBA) Indian Law Section.

Anthony is the immediate past Chair of the WSBA Administrative Law Section, and author of “Administrative Law in Washington Indian Country.” He is a former Trustee of the WSBA Indian Law Section, and also serves as Editor-in-Chief of the Section’s Indian Law Newsletter. Anthony has been named a Rising Star by Washington Law & Politics-Super Lawyers magazine.

Ryan Dreveskracht is a firm associate. Prior to joining Galanda Broadman he was a law clerk to the Honorable Kathleen Kay, in the U.S. District Court for the Western District of Louisiana. Ryan has published ten journal and law review articles in 2011-12 alone, on issues like tribal renewable energy, and has served as the Managing Editor for the National Lawyer’s Guild Review since 2010.

Puff, Puff, Tax: I-502 and Washington Indian Country

Washington state’s legalization and regulation of marijuana will be hazy for some time. But the effects of Initiative 502 in Washington Indian Country promises to be cloudier than throughout the rest of the state. Setting aside the social issues that all of Washington will be dealing with as pot becomes a mainstream recreational drug à la tobacco and alcohol, the taxation of pot in Indian country, if it can even be sold on Reservations, promises a host of issues that we’ll be working through well into the next election cycle. Issue No. 1: Tribal Prohibition

Tribes can and increasingly do prohibit marijuana on their reservations. While tribes lack criminal jurisdiction over non-Indians, through their civil authority, tribes could attempt to regulate pot traffic and use because it “threatens or has some direct effect on the political integrity, economic security, or the health and welfare of the tribe.” Montana v. United States, 450 U.S. 544, 566 (1981). If tribes do so, and if the Liquor Control Board’s forthcoming pot-licensing regulations mirror liquor regulations (where local governments can object to licenses), many of these taxation issues will be academic.

Issue No. 2: Federal Law

If Washington tribes follow the state’s lead and decriminalize pot within their jurisdictions, federal interference remains likely. In recent years, tribal flirtation with medical marijuana has garnered unintelligible but angry responses from the Department of Justice. Marijuana remains a controlled substance under federal law, everywhere. But the fact that Indian reservations comprise often largely federal land makes them awkward places to sell drugs that are legal under state law (which doesn’t apply) and illegal under federal law (which is often unenforced).

Issue No. 3: Reservation-based Value

In Washington, as throughout Indian Country, federal law generally bars taxes on products that incorporate “value generated on the reservation,” sold to Indians or non-Indians. See WAC 458-20-192(c). This means that food harvested from Indian lands or prepared at a tribal facility and sold to nonmembers would be untaxed. Id. at (a)(i); cf. Agua Caliente Band of Cahuilla Indians v. Hardin, 223 F.3d 1041, 1044 (9th Cir. 2000) (dicta); California v. Cabazon Band of Mission Indians, 480 U.S. 202, 220 (1987); Indian Country, U.S.A., Inc. v. Oklahoma, 829 F.2d 967, 986 (10th Cir. 1987); Conn. Legal Ruling No 2002-3 (May 29, 2002).

In other words, if a Tribe adds value to a product and sells it on the Reservation, it shouldn’t be taxed. In a vacuum this means that tribally or tribal-member grown pot sold on the Reservation will not be subject to state taxes. If state-regulated pot is actually a feasible business endeavor and not irrelevant because of the black market, untaxed on-Reservation sales could severely undercut off-Reservation sales, which will carry a 25% tax.

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Whatever form Washington Liquor Control Board pot regulations take when they are published, Washington Indian Country should remain vigilant to ensure that its interests are taken into account – whether tribes wish to fight pot on the reservation, or to regulate and tax it.

Anthony Broadman is a partner at Galanda Broadman PLLC. He can be reached at 206.321.2672, anthony@galandabroadman.com, or via www.galandabroadman.com.