Blog — Galanda Broadman

Rachel Tobias Talks Indigenous Fashion Law at New York’s Fashion Institute of Technology

Yesterday, Rachel Tobias spoke to students in the Fashion Institute of Technology’s Cultural Awareness, Design Responsibility, and the Law course about her Indigenous Fashion and Design practice. Highlighting the dual role of lawyers as both advocate and advisor, Rachel engaged with students on tools they can use to protect the unique characteristics of Indigenous designers.

 Amongst growing demand for contemporary Indigenous fashion, there is a burgeoning opportunity for more equitable and sustainable partnerships than have been historically available. In turn, Indigenous designers – and their communities – are in a position to leverage “conscious” capitalism and consumer advocacy into personal and tribal economic growth.

 “I’d say essentially every Indigenous designer I speak to is committed to giving back to their community, whether it be through financial support, employing tribal members or as an ambassador in the corporate space,” Rachel explained to the students. “As future decision makers in this field, it is important to work collaboratively with Indigenous designers and involve them in the product development process.”

 The class was engaged in the presentation, with at least one student reporting she was inspired to pursue career opportunities working with Indigenous designers in the future.

 Rachel is of counsel at Galanda Broadman and, in addition to supporting the firm’s tribal law and Indigenous rights practice, she represents and advises Indigenous designers on an array of matters.

The Ninth Circuit (Rightly) Splits from the D.C. Circuit in San Carlos Apache Tribe v. Becerra

Yesterday, in San Carlos Apache Tribe v. Becerra, the Ninth Circuit held the Indian Self-Determination Education and Assistance Act (ISDEAA) requires payment of contract support costs (CSC) for all activities that are required for compliance with the Tribe’s ISDEAA contract/compact “includ[ing] the third-party-revenue-funded portions of the program.” In so holding, the lower court’s dismissal of the case was reversed and remanded for further proceedings.

San Carlos Apache’s holding departs from the only other circuit court to have considered this issue. In Swinomish Indian Tribal Cmty. v. Becerra, the D.C. Circuit held that health care programs funded by third-party revenue were not eligible for CSC funds. 993 F.3d 917 (D.C. Cir. 2021). The Swinomish Court’s primary reasoning was that the Tribe’s third-party revenue only funded health care programs considered extra, or additional to, those necessary for the contract.

But San Carlos Apache methodically dismantles Swinomish. First, the San Carlos Apache Court explains that because the ISDEAA requires tribes to spend their third-party revenue on healthcare services, “the ‘cost of complying’ with a contract between IHS and a tribe includes the cost of conducting those additional activities.” Second, the Court explains that “[b]ecause the statutory language is ambiguous, the Indian canon applies, and the language must be construed in favor of the Tribe.”

Though this opinion is a major win for tribal health care programs—particularly those situated within the Ninth Circuit—the law in most of the country is even more unsettled as a result of the circuit split. San Carlos Apache provides a careful analysis of a complicated issue with far-reaching consequences for tribal communities. Other circuits should look to its example rather than to the example set by Swinomish. In the meantime, this case is one to watch.

 Corinne Sebren is an associate with Galanda Broadman. Her practice focuses on civil rights, Indigenous health law, regulatory analysis, and complex litigation.

Ryan Dreveskracht Teaches Qualified Immunity to South Dakota Law Students

Last Tuesday, Ryan Dreveskracht presented to a Federal Jurisdiction class at the University of South Dakota Knudson School Of Law on the history and implications of “qualified immunity,” a legal doctrine that acts to shield law enforcement officers from suit—even when their actions violate peoples’ constitutional rights.

Ryan, who describes taking on tricky cases that deal with qualified immunity as his legal “passion project,” shared his own experiences litigating such cases in federal court with the engaged law students.

Over the years, Ryan has successfully litigated several high-profile cases in which clients have had their constitutional rights violated and even lost their life at the hands of law enforcement. In all of these cases, the protections afforded to law enforcement under the qualified immunity doctrine have been a major obstacle to seeking justice. Despite the challenges, Ryan has had great success in this area of litigation, making him a highly regarded authority on the subject.

In addition to speaking about his own cases, Ryan shared his expertise on the many issues that arise when law enforcement is allowed to act with impunity. He also went into why Indigenous Americans are disproportionately affected by this doctrine, as they are the most likely group to suffer violence at the hands of police.

To learn more about qualified immunity, its history and implications, read Ryan’s article in Trial News “The Uncertain Past, Present, and Future of Qualified Immunity”

Ryan is a partner at Galanda Broadman, whose practice focuses on defending individuals’ constitutional rights and bringing police misconduct and wrongful death cases on local and national levels. On December 14, 2021, Governor Inslee appointed Ryan to serve a six-year term as Board Member on the Washington State Criminal Justice Training Commission. Ryan is also a member of the American Civil Liberties Union of Washington’s Legal Committee, which serves as legal counsel to ACLU-WA and provides advice to the staff in the strategic development and execution of litigation to advance the ACLU’s civil liberties and civil rights agenda. In addition, Ryan is a member of the Task Force on Race and Washington’s Criminal Justice System, which provides research and analysis to the Washington State Supreme Court regarding disproportionalities in the criminal justice system.

Gabe Galanda to Deliver CRT Lecture at Berkeley Law School

On November 17 at 12:50 PM Pacific, Gabe Galanda will deliver a lecture at Berkeley Law School titled, “Deploying CRT to Revive Indian Civil Rights & Renew Indigenous Kinship Rules.”

Through a Critical Race Theory lens, Gabe will the legal origins of modern Tribal neocolonial practices, including blood quantum, enrollment moratoria, disenrollment, and per-capitalism.

He will explain how Indigenous kinship rules have been replaced by federal Indian rights since the late 18th Century, and how those rights have been decimated by the courts since the U.S. Supreme Court's Santa Clara Pueblo v. Martinez decision in 1978.

Gabe will call for the renewal of Indigenous kinship rules systems as a way to protect and sustain Tribal nationhood and Indigenous belonging.

You can watch his lecture online via Zoom here: tinyurl.com/GGxBerk

Gabe Galanda to Talk Treaty Rights to King Co. District Court Judges

On Thursday, Gabe Galanda will present a special program to the King County District Court Judges titled, "State v. Shopbell/Paul: Countervailing Law Enforcement Bias: Saying the Quiet Parts Out Loud." Gabe will discuss a case involving two Tulalip fishermen who were charged and prosecuted by the Washington State Dept. of Fish & Wildlife. He and Summit Law Group's David Smith were able to secure a dismissal of five felony charges against both fishermen, pursuant to the 1855 Treaty of Point Elliott.

Galanda Broadman Named "Best Firm" in Native American & Gaming Law for Eleventh Year

Galanda Broadman, PLLC, has been named a “Best Law Firm” by U.S. News - Best Lawyers in the arena of Native American Law and Gaming Law, for the eleventh year in a row. 

According to U.S. News - Best Lawyers, the firm's national ranking was determined through the firm's overall evaluation, which was derived from a combination of Galanda Broadman’s “clients' impressive feedback” and “the high regard that lawyers in other firms in the same practice area have for [the] firm.” 

Galanda Broadman is dedicated to advancing Indigenous legal rights and business interests and defending Indigenous human rights.

The firm, with nine lawyers and offices in Seattle and Yakima, Washington and Bend, Oregon, represents Indigenous governments, businesses, and citizens in critical litigation, business and regulatory matters—especially in matters of Treaty rights, sovereignty, taxation, civil rights, and belonging.