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On Demand

U.S. v. Cooley: Implications for Law Doctrine and Policing in Indian Country


Total Credits: 1.0 CLE

Average Rating:
   1
Categories:
Indian Law
Faculty:
Oscar Jesus Flores Jr |  Elizabeth Reese |  Paul Spruhan
Original Program Date:
Sep 29, 2021


Description

Seminar discusses the doctrinal and practical implications of the Supreme Court’s recent opinion in U.S. v. Cooley.  The holding in Cooley and its doctrinal approach to get there will have potentially significant effects on future Federal Indian Law jurisprudence and on the on-the-ground law enforcement within Indian communities.  
 
Learn about the Court’s use of the second exception in Montana v. United States and what it may mean for future criminal and civil cases.  Discover how tribal police departments might apply the result in Cooley to increase their authority over non-Indians present within tribal territory. 
 
Faculty:
Oscar Flores, Deputy Attorney General, Pascua Yaqui Tribe Office of the Attorney General
Elizabeth A. Reese, Assistant Professor of Law, Stanford Law School
Additional Faculty to be Announced
 
Moderator:
Paul Spruhan, Assistant Attorney General, Navajo Nation Department of Justice
 
Chairpersons:
Doreen McPaul, Attorney General, Navajo Nation; President, Tribal In-House Counsel Association
Virjinya Torrez, Assistant Attorney General, Pascua Yaqui Tribe

Handouts

Faculty

Oscar Jesus Flores Jr Related Seminars and Products

Deputy Attorney General


Oscar "OJ" Flores currently serves as the Deputy Attorney General of the Pascua Yaqui Tribe and previously served that their Chief Prosecutor. He is a proud member of the Pascua Yaqui Tribe and a Tucson, Arizona native. OJ came to the Pascua Yaqui Prosecutor’s Office after working for several years at the Pima County Attorney’s Office. While at the Pima County Attorney’s Office, OJ was quickly promoted to a felony caseload in the Violent Offenses Unit where he successfully conducted numerous jury trials. OJ has successfully prosecuted complex cases such as First Degree Murders, Second Degree Murders, Manslaughter, Aggravated Assaults, Home Invasions, and Armed Robberies among other violent and nonviolent offenses. In 2012, he was awarded the Mother’s Against Drunk Driving (MADD) DUI Enforcement Felony Prosecutor. OJ acquired his Law Degree and Masters in Criminal Justice from the University of Arizona. OJ also attended Northern Arizona University where he was a member of their 2003 Big Sky Conference Championship Football team. He is admitted to practice law in the State of Arizona, the United States District Court of Arizona as a SAUSA, and the Pascua Yaqui Tribal Court. He also currently serves in the National Inter-Tribal Working Group (ITWG) to assist in VAWA implementation. He has presented on VAWA implementation for the National Congress of American Indians, the Intertribal Court of Southern California, the Sovereignty Symposium, Stanford Law School, the University of Arizona James E Rogers College of Law, the U.S. Attorney’s Office for the Districts of South Dakota, North Dakota and Nebraska, the U.S. Department of Justice Office on Violence Against Women and at Congressional Briefings. He has also presented for the American Bar Association and for the Casey Family Foundation. Mr. Flores is passionate about trial practice, the law and victims’ rights.


Elizabeth Reese Related Seminars and Products

Assistant Professor of Law


Elizabeth A. Reese, Yunpoví (Tewa: Willow Flower) is an Assistant Professor of Law at Stanford Law School. She teaches and writes about American Indian tribal law, federal Indian law, and constitutional law—specifically the intersection of identity, race, citizenship, and government structure. Her scholarship examines the way government structures, citizen identity, and the history that is taught in schools, can impact the rights and powers of oppressed racial minorities within American law. Before becoming a law professor, Professor Reese spent time working in all three branches of the federal government. Professor Reese also worked at the National Congress of American Indians where she supported tribal governments across the country as they implemented expanded criminal jurisdiction over non-Indians under the 2013 Violence Against Women Act. Reese began her legal career as a civil rights litigator at the NAACP Legal Defense and Educational Fund where she led a desegregation case in one of the largest school districts in Florida and worked on the challenge to Alabama’s Voter ID law. She is tribally enrolled at Nambe Pueblo.


Paul Spruhan Related Seminars and Products

Navajo Nation Department of Justice


is Assistant Attorney General of the Litigation and Employment Unit at the Navajo Nation Department of Justice in Window Rock, Arizona. He received his A.B. in 1995 and his A.M. in 1996 from the University of Chicago. He received his J.D. in 2000 from the University of New Mexico. He has several Indian law articles published in law reviews, including A Legal History of Blood Quantum in Federal Indian Law to 1935, 51 South Dakota Law Review 1 (2006). His latest article, CDIB: The Role of the Certificate of Degree of Indian Blood in Defining Native American Identity, will be published by the American Indian Law Journal in May, 2018. He also teaches Indian law topics for Barbri, Inc. and the Tulsa Law School Masters of Jurisprudence in Indian Law Program. He and his wife have two children and live in Fort Defiance on the Navajo Nation. 04/18


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