Gabe Galanda To Teach "Summer School" Alongside CRT Pioneers

Gabe Galanda joins Kimberlé Crenshaw, Rob Williams, and other Critical Race Theory pioneers for the Teaching Truth to Power: Critical Race Theory Summer School, which is taking place online July 18-22.

Crenshaw's African American Policy Forum is hosting its third Critical Race Theory Summer School and for the first time will have a full week of classes focused on Indigenous peoples' issues and the intersections with Critical Race Theory and Practice. 

Crenshaw is a pioneering scholar on civil rights, Critical Race Theory, Black feminist legal theory, and race, racism and the law. In addition to her position at Columbia Law School, she is a Distinguished Professor of Law at the University of California, Los Angeles.

Williams is also a pioneering scholar on Critical Race Theory, particularly its intersection with federal Indian law. He organized the “Indigeneity & Decolonization” channel at Crenshaw’s request, and invited Gabe to participate.

Gabe will speak Thursday:

Thursday, July 21: Gabe Galanda, "Tribal Neocolonialism: Disenrollment, Enrollment Moratoria & Per-Capitalism": This class will explore modern tribal identity crises, not notably the disenrollment “epidemic” and its imperialist causes and the potential cures available through renewed Indigenous kinship traditions. The class will examine the history of the colonial and federal laws and systems that define Indigenous peoples and “who belongs” to an Indian tribe, as well as the neo-colonial deployment of disenrollment and enrollment moratoria by contemporary tribal politicians and the challenges and opportunities at the intersections of traditional Indigenous knowledge, federal Indian and tribal law, and international human rights law.

Law-related CLE reading: Gabe Galanda, “Curing the Tribal Disenrollment Epidemic: In Search of a Remedy,” 57 Ariz. Law Rev. 383 (2015), and “Tribal nationhood requires citizen civil rights protection,” available at: https://indiancountrytoday.com/opinion/tribal-nationhood-requires-citizen-civil-rights-protection.

Scholarships are available to attend and CLE is available for some of the sessions.  To register and learn more visit: https://web.cvent.com/event/cee3600f-6c48-4b56-9767-0a468698db14/summary

Oklahoma v. Castro-Huerta: Supreme Court Upends the Rules. Again.

States now have concurrent authority to prosecute non-Indians for crimes against Indians in Indian Country. 

Prior to today’s ruling, on many reservations, only the federal government could.  Considering that this was already the state of the law with “victimless” crimes under United States v. McBratney, 104 U.S. 621 (1881), and other tribes are already subject to state criminal jurisdiction by operation of other federal statutes, today’s decision will not change the landscape for every tribe. 

Still, this is a massive expansion of state authority in tribal territory.  The Court’s approval of state incursions into Indian Country necessarily diminishes tribal sovereignty.

A few other observations:

• Justice Kavanaugh’s framing of tribal jurisdictions as state “territory” does not bode well for tribal sovereignty before the Court.  Plan to see cites to this in future taxation, civil jurisdiction, and other cases.   

• Justice Gorsuch’s penchant for historical analysis couldn’t persuade any of the originalists to join him. 

• Brackeen may give us our next opportunity to see if history will move Gorsuch and another justice to protect tribal interests. I doubt it will.

• The Court did not reverse McGirt v. Oklahoma.  Given the Court’s fleeting interest in stare decisis, I suppose this is notable. Especially since Oklahoma sought to dispense with the 2020 case. 

• For Tribes in states like Oregon where Tribal police can exercise state law enforcement authority, Tribes have an additional charging route for non-Indian on Indian crimes: state court. 

• Either Justice Kavanaugh does not know how to apply Bracker or I don’t.  Today was the day I learned that the Bracker balancing test has any relevance in the criminal context.   

Anthony Broadman is a partner at Galanda Broadman PLLC: anthony@galandabroadman.com

Galanda Broadman Litigation Associate Positions (2) Announcement

Galanda Broadman, PLLC, an Indigenous rights firm with nine lawyers and offices in Seattle and Yakima, Washington, and Bend, Oregon, seeks to add two experienced litigation associates to its growing practice in the firm’s Seattle office.

Galanda Broadman is an Indigenous owned firm dedicated to advancing tribal and tribal citizen legal rights and tribal business interests.  The firm represents tribal governments, businesses, and citizens in critical litigation, business and regulatory matters, especially in the areas of Treaty rights, tribal sovereignty, land rights, cultural property protection, taxation, commerce, gaming, serious/catastrophic personal injury, wrongful death, disenrollment defense, and Indigenous human/civil rights.

The firm seeks lawyers who are deeply committed to representing Indigenous interests, who is state bar licensed, preferably in Washington State; and who have civil litigation or a judicial clerk experience.  A senior litigation associate should have at least five years of experience.  An associate should have at two to five years of experience.

Proven motion and civil rules practice, if not trial, experience, and the ability to self-direct are critical. Impeccable writing and research skills; critical and audacious thinking; strong oral advocacy; tremendous work ethic; tenacity; and sound ethics are required. 

Salary DOE.   

Qualified applicants should submit a cover letter tailored to this announcement, as well as a résumé, writing sample, transcript, and list of at least three educational and professional references, to Alice Hall, the firm’s Office Manager, at alice@galandabroadman.com. 

Applications directed elsewhere will not be considered.

For more information about Galanda Broadman, visit galandabroadman.com.

SCOTUS Makes the Case for State Negligent Police Investigation Claim

On June 23, 2022, the United States Supreme Court determined in Vega v. Tekoh that Miranda warnings—notification by police to persons in custody of their rights under the Fifth Amendment to protection from self-incrimination and to an attorney—are not a constitutional right. Rather, the Court said the warnings are required under what amounts to a mere “prophylactic rule” designed to safeguard constitutional rights. The opinion, authored by Justice Samuel Alito, went on to state that though the Miranda warnings rule is, in fact, a federal law with constitutional underpinnings, it is not a federal law for purposes of bringing private civil suits under 42 U.S.C. § 1983.

That’s right, according to Justice Alito’s majority opinion, a federal law is not a federal law, at least not for the purposes of police accountability.

Put simply, Vega holds that a person cannot sue police officers under federal civil rights laws for failing to provide Miranda warnings. But there is a reason protection against self-incrimination is enshrined in our Constitution. And there is a reason Miranda warnings are required as part of that protection. False confessions are real. Intimidation and coercion during interrogations are real. Simply saying the wrong thing and having it misinterpreted is real. Bias is very real. People can be, and are, deprived of their liberty because they do not understand their right to be protected against self-incrimination, or their right to have an attorney present. Some of these people spend years in jail awaiting trial. 

Can it really be the case that there is no remedy for a person who shows that an officer failed to provide Miranda warnings, and that officer’s failure to follow federal law caused a deprivation of the person’s constitutional rights, up to and including the loss of their liberty?

Hopefully not. In Mancini v. City of Tacoma, the Washington State Supreme Court held that under a theory of general negligence, “police executing a search warrant owe the same duty of reasonable care that they owe when discharging other duties.” 196 Wash.2d 864, 880 (2021). In the opinion, the Court mentioned that while it was unnecessary for the purposes of that case to analyze whether the plaintiff could recover separately for a claim of “negligent police investigation,” the Court had “never addressed an actual negligent investigation claim” in the context of a police misconduct case. Id. at 878, n.7. The Court explained it had only visited the subject once in the context of child abuse investigations, concluding that there was indeed a duty for state actors to avoid negligence. Id. (citing Babcock v. State, 116 Wash.2d 596 (1991)). Viewing Mancini in light of Vega, it appears that our State Supreme Court left the door open for a negligence claim—or even a negligent investigation claim—when, for example, an officer’s duty to provide a Miranda warning is breached.

Legislation, of course, is another route. Currently, there is no Washington statute that lays out a cause of action specific to negligent police investigation. This is likely because state legislatures often shrink from creating duplicative causes of action. That a private right of action against state actors for constitutional violations stemming from police investigations exists under § 1983 was one justification for not establishing a separate state cause of action. That justification is thin post-Vega.

With the Vega decision, the United States Supreme Court has now repeatedly gutted the ability of citizens to sue police officers under § 1983 for bad acts or negligence during investigations, citing the role of legislative bodies to create causes of action. See, e.g., Egbert v. Boule (rejecting the Petitioners’ § 1983 claims for excessive force and retaliation during an investigation while deferring to Congress to create what the Court believed was “a new cause of action”). Washington’s Supreme Court or Legislature should formally recognize a private right of action for negligent investigation that would encompass Miranda warning violations. Our citizens in Washington State need an avenue to hold police and other law enforcement officers accountable for their investigative acts.

Corinne Sebren is an Associate at Galanda Broadman. Corinne’s civil rights practice focuses on Indigenous rights, wrongful incarceration, and malicious prosecution.

Galanda Broadman Paralegal/Litigation Assistant (Hybrid) Position Announcement

Galanda Broadman, PLLC, an Indigenous rights firm with nine lawyers and offices in Seattle and Yakima, Washington, and Bend, Oregon, seeks to add an experienced paralegal/litigation assistant to our growing civil rights practice in Seattle.

Galanda Broadman is an Indigenous owned firm dedicated to advancing tribal and tribal citizen legal rights and tribal business interests.  The firm represents tribal governments, businesses, and citizens in critical litigation, business and regulatory matters, especially in the areas of Treaty rights, tribal sovereignty, land rights, cultural property protection, taxation, commerce, gaming, serious/catastrophic personal injury, wrongful death, disenrollment defense, and Indigenous human/civil rights.

The firm seeks an individual with solid litigation and case management experience and proven abilities under pressure, and who exhibits the following attributes: attention to detail; solid writing and organization; tech savvy; critical, proactive and creative thinking; strong work ethic; and sound ethics and morals.  The position will also support office managerial and administrative efforts.

Salary DOE (at least $90,000). Benefits include health care, 80 hours of PTO/year (in addition to most federal holidays), and remote work for at least four days per week.

Qualified applicants should submit a cover letter tailored to this announcement, as well as a resume, and list of a least three educational and professional references, to Alice Hall, the firm’s Office Manager, at alice@galandabroadman.com, as soon as possible.

Closes: When Filled

Matt Slovin Publishes NYU Law Review Article

Galanda Broadman associate Matt Slovin’s article “Stipulating to Overturn Klaxon” has been published by the NYU Law Review.

In the article, Slovin evaluates explicit and implicit agreements by litigants as to which jurisdiction’s law governs a dispute. He argues that the forum state’s law must determine whether these agreements are valid.

In May, Slovin presented his article to faculty gathered in Manhattan at the Seventh Annual Civil Procedure Workshop, hosted by Cardozo School of Law. 

Slovin’s practice focuses on complex litigation involving tribal governments and enterprises. He is a graduate of Harvard Law School.

University of Arizona Law Dedicates Room in Honor of Galanda Broadman’s Indigenous Human Rights Advocacy

In recognition of the significant financial support and contributions to Indigenous human rights advocacy made by Galanda Broadman PLLC, the law school has dedicated the Galanda Broadman room in the firm’s honor.

The Galanda Broadman Room was dedicated on April 27, 2022. The room dedication ceremony included remarks by Regents Professor Robert A. Williams, Jr., Navajo Nation Chief Justice Emeritus Robert Yazzie, and former chairman of the Skokomish Tribal Council Denny Hurtado.

Founded by University of Arizona Law alumni Gabe Galanda (’00) and Anthony Broadman (’07), Galanda Broadman PLLC tackles critical and complex litigation, bet-the-company business matters and regulatory disputes for tribal governments, enterprises, and citizens. Under Galanda and Broadman’s leadership, the firm has been at the forefront of Indigenous human rights advocacy since its inception. 

The Galanda Broadman Room will provide meeting and advising space for students and faculty in the Indigenous Governance Program, a partnership between University of Arizona Law and the Native Nation Institute. The Galanda Broadman Room will also support the creation of the School of Indigenous Governance and Development, a first of its kind inter-disciplinary program focused on meeting the Native nation-building needs of Indigenous nations through professional development and undergraduate and graduate programs. The School of Indigenous Governance and Development will allow University of Arizona to scale up Indigenous governance programming and partnerships, pursuant to the University of Arizona strategic plan.

“Gabe, Anthony, Joe and Ryan are doing some of the most important civil rights work of our times.  We are honored to have them as Arizona Law alumni, and deeply grateful for their substantial and sustained support of our students and world-renowned IPLP Program.  Their support of the Huerta Scholarship and the IPLP Program has allowed the law school to recruit record numbers of extraordinary Indigenous students into our graduate law programs,” said Marc Miller, dean of University of Arizona Law.

Over the years the partners of Galanda Broadman PLLC, including Galanda, Broadman, fellow alumni Joe Sexton (’06), Ryan Dreveskracht (’09), and Amber Penn-Roco have made transformational contributions to Indigenous human rights advocacy and have been steadfast supporters of University of Arizona Law’s Indigenous Peoples Law and Policy (IPLP) Program. 

“Galanda Broadman’s support to the law school and our students and their leadership in advancing Indigenous human rights made naming a room a fitting honor,” said Williams. “I can think of few law firms in the country that have made as many significant contributions as Galanda Broadman. I am so proud of our University of Arizona alumni; Gabe, Anthony, Joe, and Ryan, who all embody the IPLP spirit of community engagement and supporting the next generation of Indigenous lawyers.”

Galanda Broadman Paralegal/Litigation Assistant (Hybrid) Position Announcement

Galanda Broadman, PLLC, an Indigenous rights firm with nine lawyers and offices in Seattle and Yakima, Washington, and Bend, Oregon, seeks to add an experienced paralegal/litigation assistant to our growing civil rights practice in Seattle.

Galanda Broadman is an Indigenous owned firm dedicated to advancing tribal and tribal citizen legal rights and tribal business interests.  The firm represents tribal governments, businesses, and citizens in critical litigation, business and regulatory matters, especially in the areas of Treaty rights, tribal sovereignty, land rights, cultural property protection, taxation, commerce, gaming, serious/catastrophic personal injury, wrongful death, disenrollment defense, and Indigenous human/civil rights.

The firm seeks an individual with solid litigation and case management experience and proven abilities under pressure, and who exhibits the following attributes: attention to detail; solid writing and organization; tech savvy; critical, proactive and creative thinking; strong work ethic; and sound ethics and morals.  The position will also support office managerial and administrative efforts.

Salary DOE (at least $90,000). Benefits include health care, 80 hours of PTO/year (in addition to most federal holidays), and remote work for at least four days per week.

Qualified applicants should submit a cover letter tailored to this announcement, as well as a resume, and list of a least three educational and professional references, to Alice Hall, the firm’s Office Manager, at alice@galandabroadman.com, as soon as possible.

Closes: June 1, 2022 or When Filled

Help Team Galanda Broadman Beat the Bridge for Indigenous Diabetes Research

On Saturday morning, May 14, Team Galanda Broadman will compete in Seattle’s Beat the Bridge Race to bring awareness to the need for greater Indigenous diabetes research.

Indigenous Americans are twice as likely as Caucasians to have diabetes. For two out of three Indigenous Americans with kidney failure, diabetes is the cause.

The race is a fundraiser for JDRF, a leading global organization that funds diabetes research. The event consists of an 8K run and wheelchair race, a 3-mile walk, and a 1-mile fun run. Team Galanda Broadman members of all ages will participate in all three events.

The event got its name “Beat the Bridge” because the course travels over Seattle’s University Bridge, which is raised during the race. Participants try to cross the bridge before it is raised.

Please consider donating to JDRF in support of Team Galanda Broadman’s efforts to beat the bridge and bring awareness to Indigenous diabetes research needs.

You can donate here.

Rachael Shulman Joins Galanda Broadman

Rachael Shulman has joined Galanda Broadman PLLC as an Associate. Rachael joins the firm after serving as an Assistant Public Defender in the Missouri State Public Defender’s Appellate/Postconviction Relief Division.

“We are excited about the criminal justice experience Rachael brings to our firm,” said Gabriel S. Galanda, Managing Lawyer of Galanda Broadman. “She will be an asset to our Indigenous civil rights clients, especially those whose rights have been violated by jail and police officers.”

Rachael is a 2021 graduate of the Washington University School of Law, where she was a quarter-finalist in the Wiley Rutledge Moot Court Competition and received the CLEA Outstanding Student Extern Award for her work with the Interdisciplinary Environmental Clinic and the Center for International Environmental Law in Washington, D.C.

She has also served as a legal intern for the Michigan Department of Environment, Great Lakes, and Energy and the U.S. District Court for the Eastern District of New York.

In her free time, Rachael enjoys riding horses, running, hiking national parks, cooking, and spending time with her two dogs, Paloma and Dottie.

Rachael joins a growing bench of Galanda Broadman team members. Harvard Law School alumnus Matt Slovin and University of Washington Law School alumna Corinne Sebren also recently joined the firm as Associates. 

Galanda Broadman is an Indigenous rights law firm with nine lawyers and offices in Seattle and Yakima, Washington and Bend, Oregon. The firm is dedicated to advancing Indigenous Treaty, sovereignty, and human rights.