Disenrollment Causes Tribal Classism, Income Inequality

“One hundred fifty years ago, this was utopia — with no (social) classes, no rich, no poor, no starving people. Everyone lived together in 1,000-foot longhouses, and they knew the difference between right and wrong.” —NCAI President Brian Cladoosby, Seattle Times

Disenrollment is destroying the remaining vestiges of the American indigenous utopia.

Tenth Circuit to Utah: "Stop Illegally Prosecuting Indians. Or Else."

By Jared Miller

“Because of the local ill feeling, the people of the States where [Indians] are found are often their deadliest enemies.” U.S. v. Kagama, 118 U.S. 375 (1886).

In a scathing opinion, the 10th Circuit Court of Appeals on Tuesday condemned the State of Utah for ignoring decades-old law preempting state prosecution of tribal members on Ute tribal lands.

Spokane Tribe Bans Disenrollment

On Saturday, the Spokane Tribe of Indians General Council passed a Referendum that amended the Tribe's constitution to generally prohibit disenrollment. The new Spokane constitutional provision provides: "Except in instances where a citizen transfers enrollment to another Tribe, no Spokane Tribal law shall operate to strip citizenship from any person who has previously been recognized to possess citizenship . . ."

Anthony Broadman Publishes on "Gaming, Pot and Tribal Resistance"

Anthony Broadman has published, "Gaming, Pot and Tribal Resistance As Economic Development," in this month's King County Bar Bulletin.

Rather than the sensational, even hysterical, writings about tribal recreational marijuana legalization since the Wilkinson Memo issued in December, Anthony gives the topic proper context.  An excerpt:

Red Tide is Turning Against Tribal Disenrollment

This spring there has been a surge of tribal public opinion against the practice of tribal disenrollment.  The tide of tribal public opinion is dramatically turning on that non-indigenous mode of Indian self-termination, and those tribes and tribal leaders who extinguish their kin. Most recently, Marty Two Bulls drew and pubished this political cartoon:

Gabe Galanda to Urge “Finding a Cure for Tribal Disenrollment” in Phoenix

Gabe Galanda will advocate for “Finding a Cure for Tribal Disenrollment,” at the Annual Meeting of the Native American Bar Association-Arizona in Phoenix on June 26.  Gabe will speak from the Arizona Law Review article that he recently published with Ryan Dreveskracht.  SeeNABA Annual Meeting Flyer.

Gabriel S. Galanda and Amber Penn-Roco practice Indian law with Galanda Broadman, PLLC, in Seattle. Gabe is an enrolled citizen of the Round Valley Indian Tribes, and Amber is an enrolled member of the Confederated Tribes of the Chehalis Reservation.

Ryan Dreveskracht to Advocate for "Finding a Cure for Tribal Disenrollment"

Ryan Dreveskracht will advocate for "Finding a Cure for Tribal Disenrollment," at the 27th Annual WSBA Indian Law Seminar in Seattle on June 11.  Ryan will speak from the Arizona Law Review article that he recently published with Gabe Galanda.

Ryan Dreveskracht is an Associate at Galanda Broadman, PLLC. His practice focuses on representing tribal governments in public affairs, energy, gaming, taxation, and general economic development. He can be reached at 206.909.3842 or ryan@galandabroadman.com.

Galanda, Dreveskracht's Disenrollment Scholarship Dubbed "A Must Read For All Of Indian Country"

Tucson, AZ (May 11, 2015) - 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.

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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's practice focuses on complex, multi-party litigation and crisis management, representing tribal governments and businesses. As an emerging leader in the legal profession, he was named to the Puget Sound Business Journal’s “40 Under 40” and the National Center for American Indian Enterprise Development’s “Native American 40 Under 40” lists.

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.

Arizona Law Review is a student-edited journal that publishes four issues annually. "Curing the Tribal Disenrollment Epidemic: In Search of a Remedy" and archival issues can be viewed at www.arizonalawreview.org.