Administrative Tribunals
Between routine government policy decision-making bodies and the traditional court forums lies an administrative tribunal which is not necessarily presided over by judges. These operate as a government policy-making body at times but also exercise a licensing, certifying, approval or other adjudication authority which is quasi-judicial because it directly affects the legal rights of a person. Administrative tribunals are often referred to as a "Commission", "Authority" or "Board."
Trial Advocacy
Trial advocacy is important in the litigation process. It is an art and a science. It’s defending your client to the fullest extent that ethics and law will allow. Fredericks Peebles & Morgan LLP are skilled trial advocates. Fredericks Peebles & Morgan LLP believes that ethical advocacy, especially in litigious situations is a critical component of legal professionalism and all systems of dispute resolution that seek justice. Our firm is dedicated to promoting justice for Native American tribes and organizations through effective and ethical advocacy as well as supporting and furthering the effective and fair administration of justice.
Appellate Advocacy
The focus and strategy for a case on appeal often differs from the most effective approach for presenting the case at the trial court level. While emotions may carry the day at trial, on appeal the record is closed and the law itself is front and center. Similarly, what might have been the best argument to a jury can become the weakest argument before an appellate panel.
The role of an appellate advocate in any given case varies according to what effectively serves the client’s best interests. In nearly every case, it can be valuable to have an appellate lawyer provide a fresh look at the issues and discuss, for example, whether an appeal even has merit. If it makes sense for an appellate attorney to be primarily responsible for the appeal, Fredericks Peebles & Morgan LLP will make sure that the transition is handled in the most cost-effective manner. If primary responsibility remains with trial counsel, an appellate attorney can offer important input by analyzing strengths and weaknesses of the proposed issues, estimating the possibility of success, ensuring procedural compliance of court filings, reviewing draft briefs, motions and petitions for content, form, organization, and tone to assess a neutral observer’s potential reaction, and serving as a sounding board for oral argument preparation.
Fredericks Peebles & Morgan LLP attorneys are experienced in providing appellate advocacy to Native Americans and tribal governments.
Arbitration
Even though arbitrations are a method of resolving disputes outside of traditional courts, state and federal courts sometimes decide critical issues that affect arbitration proceedings. When a party required to arbitrate a dispute chooses instead to file an action in court, the opposing party may ask the court to compel arbitration. After arbitration has concluded, parties routinely request that a trial court vacate or confirm the arbitration award. Arbitration decisions of trial courts on issues such as these may be appealed and in this way reach federal and state appellate courts.
Fredericks Peebles & Morgan LLP is skilled in all aspects of arbitration and will develop the best comprehensive strategy to suit the needs of our clients.
Civil Rights
Like other American citizens, Native Americans enjoy the various civil rights afforded by the United States Constitution, federal laws, and some state laws. The Bill of Rights itself protects individuals from certain actions of the Federal government, while the Supreme Court's interpretation of the Fourteenth Amendment extends select provisions of the Bill of Rights to state action as well. Additionally, the Indian Civil Rights Act of 1968 (ICRA) prohibits tribal governments from enacting or enforcing laws that violate certain civil rights. When civil rights are violated, relief may be obtained in the form of a court order, declaring the legality of a certain action or enjoining certain behavior, and sometimes even awarding compensatory and punitive monetary damages.
Fredericks Peebles & Morgan LLP has experience with civil rights litigation and the issues that inevitably arise, including sovereign immunity, constitutional and statutory interpretation, and rules particular to Native Americans.
Federal Indian Law
Federal law recognizes a special kind of sovereign authority in Indian tribes to govern themselves, subject to an over-riding federal authority. Indian tribes are considered by federal law to be domestic, dependent nations. This subordination to federal authority is said to be a protection from the power of states. There are numerous federal statutes dealing with Indian rights and governance.
Fredericks Peebles & Morgan LLP is well versed in Federal Indian Law and is dedicated to preserving the sovereignty of the law. Our experienced attorneys can assist your tribe with all facets of the Federal Indian Law concerned with litigation issues.
Gaming Law
With the passage of the Indian Gaming Regulatory Act of 1988 (IGRA) Congress brought relative stability to the fledgling Indian gaming industry that consisted mostly of bingo and card operations with modest levels of machine gaming on Indian Reservations. The Tribal-State Compacting provisions of the IGRA simply codified what federal courts had already decided, that under existing law tribes could engage in gaming activities on the reservations if such activities were being conducted within the state wherein a particular reservation happened to be located. Tribes could conduct these activities without reference to limitations in state law. The states were given a right they never previously had, the right to negotiate with a tribe to set parameters for the conduct of gambling on the reservations with respect to Class III or "casino type" gambling. Class II gaming (bingo, some non-house banked card games, pull-tabs) and certain technological aids that assist in the play of Class II games were left to the regulatory jurisdiction of the tribe under the auspices of the National Indian Gaming Commission (NIGC) the federal regulatory body created pursuant to the IGRA.
Although the passage of the IGRA helped dispel some of the uncertainty of Indian Gaming, the Act and the subsequent activities of the NIGC, and the diverse legal and political issues created by tribal-state compacts, have all converged to necessitate the need for competent, experienced legal counsel for tribes and other parties that are involved in the development and operation of Indian gaming facilities.
The firm has successfully litigated numerous issues arising under the IGRA, the NIGC Regulations and tribal-state compacts. We have successfully defended tribes from claims by former financial backers and management companies and have helped find financial sources for tribes despite complex logistical and legal circumstances due to past development activities. The firm has assisted tribes in setting up and improving tribal gaming regulatory capabilities including coordination of regulatory activities shared with the state pursuant to tribal-state gaming compacts.
ICWA
Created by Congress in 1978, the Indian Child Welfare Act (“ICWA”) constitutes an edict by Congress that was meant to preserve the Indian tribes by establishing standards to protect Indian children and keep them within their families and communities whenever possible. ICWA covers any temporary placement where the child need not be returned upon demand, including placement in a foster home, institution, or the home of a guardian. ICWA also covers any proceeding resulting in adoption or termination of parental rights.
There are two main objectives of ICWA: to promote the best interests of Indian children and the stability and security of Indian tribes and families. Thus, ICWA presumes that it is in the best interests of an American Indian child that the role of the tribal community in the child's life be protected.
Fredericks Peebles & Morgan LLP believes that children are a tribe's most important resource. Cultural bias and misunderstanding by state courts have often had an adverse impact on Indian children to the detriment of the child's relationship with his or her tribe and family. Our firm is dedicated to protecting Indian children and our experienced attorneys can assist your tribe with all facets of the ICWA, from training tribal lay advocates to litigation.
Intellectual Property
In law, intellectual property is an umbrella term for various legal entitlements which attach to certain names, written and recorded media, and inventions. The holders of these legal entitlements may exercise various exclusive rights in relation to the subject matter of the intellectual property. The term intellectual property reflects the idea that this subject matter is the product of the mind or the intellect. The term implies that intellectual works are parallel to physical property and is consequently a matter of some controversy.
Fredericks Peebles & Morgan LLP has been involved in all aspects of intellectual property including copyright, patent, trademarks, geographical indication, industrial design rights, trade secrets, trade names, and domain names as they relate to Indian Law.
Land Issues
The diversity of Fredericks Peebles & Morgan LLP includes highly experienced trial lawyers, known for focused, effective and aggressive litigation of land issues related to tribal lands, land acquisition, restoration of traditional homelands, or preserving natural resources and sacred sites. This litigation involves issues of great importance to tribes and Native organizations and includes issues focused on jurisdiction over land, water, timber, minerals and the control, use, and development thereof, as well as environmental issues.
Land litigation issues can vary from relatively simple matters to the unusually complex matters, requiring the skillful handling of multiparty, multijurisdictional cases. The substantial litigation experience of Fredericks Peebles & Morgan LLP attorneys means that our clients are effectively and efficiently represented in the event of court action, whether in federal, state, tribal court, or administrative bodies. Our reputation and our willingness to litigate land issues assist us in delivering positive results in the courtroom, before juries or judges.
NAGPRA
The Native American Graves Protection and Repatriation Act (NAGPRA) is a United States federal law passed in 1990 requiring federal agencies and institutions to return Native American cultural items to their respective people. The act allows archeological teams a short time for analysis before the remains must be returned. Cultural items include human remains, funerary objects, sacred objects, and objects of cultural patrimony. This legislation also applies to many Native American artifacts, especially burial items and religious artifacts.
Fredericks Peebles & Morgan LLP has experience assisting Native American tribes in the recovery of their cultural items.
Natural Resources
Many Native American tribes have large reserves of natural resources such as oil, gas, uranium, coal, and timber. Fredericks Peebles & Morgan LLP utilizes joint ventures to recover minerals, first with industry partners and by Indian tribes to maximize financial return while minimizing their risk. Fredericks Peebles & Morgan LLP assists Native American tribes to negotiate their rights and maximize their revenues by maintaining tribal jurisdiction. Because of our firm's experience in natural resources litigation, administrative proceedings, and negotiations, we have successfully represented Indian tribes in litigation related to natural resource rights, management issues and disputes.
