Lunch and Learn, Livestream     

McGirt v. Oklahoma: Understanding the Decision and its Implications for Indian Country

For over two centuries, sovereign Native nations have asserted their rights and negotiated their relationships with the United States through a variety of means, most prominently treaties and federal court arguments and decisions.

On July 9, 2020, the U.S. Supreme Court decided McGirt v. Oklahoma (a 5-4 decision) that a major part of the land of Oklahoma is still located within the Musogee Creek Indian reservation. Writing for the majority, Justice Neil Gorsuch stated: “Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law. Because Congress has not said otherwise, we hold the government to its word.” Join OHS for a special presentation, offering context and analysis to understand the history behind the decision and what its implications may be for Native nations in Oklahoma and across the United States.

The program has been approved for one hour of Access to Justice CLE credit. Oregon lawyers seeking CLE credit are encouraged to self-report their watching of this recording.

Event Type: Lunch and Learn, LivestreamAudience(s): Researchers, Teachers

Robert J. Miller is a professor at the Sandra Day O’Connor College of Law at Arizona State University. He is the Willard H. Pedrick Distinguished Research Scholar and the Faculty Director of the Rosette LLP American Indian Economic Development Program at ASU. He was appointed in 2016 to the Navajo Nation Council of Economic Advisors. Bob was elected to memberships in the American Law Institute in 2012 and the American Philosophical Society in 2014 (which elected only 5,506 members 1743-2014). He graduated from Lewis & Clark Law School and clerked for Judge Diarmuid O’Scannlain of the U.S. Ninth Circuit Court of Appeals. Bob is the Interim Chief Justice for the Pascua Yaqui Tribe Court of Appeals and an appellate judge for the Courts of Appeals of the Grand Ronde Tribe and the Northwest Inter-Tribal Court System. He has written dozens of articles, books, editorials, and book chapters on Indian Law issues, and has spoken at conferences in over thirty states and in New Zealand, Canada, Australia, England, and India. He has published four books: Creating Private Sector Economies in Native America: Sustainable Development through Entrepreneurship (Cambridge University Press, 2019) (co-author);Reservation “Capitalism:” Economic Development in Indian Country (Praeger Publishers, 2012); Discovering Indigenous Lands: The Doctrine of Discovery in the English Colonies(Oxford University Press, 2010) (co-author); and Native America, Discovered and Conquered: Thomas Jefferson, Lewis and Clark and Manifest Destiny (Praeger Publishers, 2006). Bob is a citizen of the Eastern Shawnee Tribe of Oklahoma.