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32| 46| 38| Indian Law Editor in Chief Book Review Editor René Harrod (954) 627-9916 Henry Cohen (202) 707-7892 T [email protected] Judicial Profile Editor Managing Editor Michael Newman (513) 977-8646 Stacy King (571) 481-9100 Sarah Perlman, Production Coordinator Editorial Board: Kelle Acock, Nathan Brooks, Julie China, Henry Cohen, R. Johan Conrod Jr., Thomas Donovan, Raymond Dowd, Kim Koratsky, David Lender, Jeffrey McDermott, March/April 2009 Volume 56 Number Three Michael Newman, Jonathan Redgrave, Hector Ramos, Becky Thorson, Michael Tonsing, Daniel Winslow, Vernon Winters Columns Indian Law COVER PHOTO: ABO RUINS, SALINAS NATIONAL MONUMENT, NEW MEXICO. BY LAWRENCE BACA. 3 President’s Message 4 At Sidebar 34th Annual Indian Law Conference: 10 Washington Watch 32| 12 The Federal Lawyer In Cyberia Coming Home to Indian Country For the first time in its history, the annual Federal Bar Association Indian Law 16 IP Insight Conference will take place in a tribal community just outside of Santa Fe, New 18 Labor and Employment Corner Mexico, at the Hilton Santa Fe at Buffalo Thunder, located on the Pueblo of 20 Focus On Pojoaque. We celebrate this historic move as an opportunity for reflection on the Chapter 7 Trustee Removal relationship between federal Indian law and Indian communities, particularly in an 24 Judicial Profile era of political change and promise. Hon. Sim Lake 26 Judicial Remembrance The Green Road Ahead: Renewable Energy Takes Hon. Willis W. Ritter 38| a Stumble But is on the Right Path, Possibly Right Departments Through Indian Country BY TRACEY A. LEBEAU 6 Chapter Exchange Indian Country represents a unique point of nexus between federal interests, 8 Sections and Divisions the marketplace, and a new frontier poised to host the growth of infrastructure 9 Candidates for National Office FY2010 needed for sustainable energy while also supporting growing tribal populations, 61 Language for Lawyers regional economies, and the national interest. Indian tribes are ready for “nation 62 Supreme Court Previews building at home” by investing, developing, facilitating, and participating in build- 76 Last Laugh ing the infrastructure required to support green energy. Book Reviews 46| Models of Tribal Environmental Regulation: In 68 Loot: The Battle Over the Stolen Treasures of Pursuit of a Culturally Relevant Form of Tribal the Ancient World • By Sharon Waxman Sovereignty Reviewed by George W. Gowen BY DARREN J. RANCO 69 Brethren and Sisters of the Bar: A Centennial History of the New York County Lawyers’ In an examination of current regulatory models in tribal environmental Association • By Edwin David Robertson programs, do the regulations meet standards of tribal sovereignty that Reviewed by Carol A. Sigmond are designed to protect tribal cultures and lifeways? This article aims to call attention to what many tribal lawyers and environmental managers 71 The Activist: John Marshall, Marbury v. already know—that we must be diligent defenders not only of tribes’ Madison, and the Myth of Judicial Review legal and juridical control over environmental regulations but also the By Lawrence Goldstone forms of this control. Reviewed by Charles S. Doskow 72 Plumes: Ostrich Feathers, Jews, and a Lost World of Global Commerce 52| “Motherhood and Apple Pie”: By Sarah Abrevaya Stein Judicial Termination and the Roberts Court Reviewed by Henry S. Cohn BY RICHARD A. GUEST 74 Dear Mr. Buffett: What an Investor Learns This commentary continues the dialogue about the Roberts Court and 1,268 Miles from Wall Street poses the question of whether a more concrete profile of Chief Justice By Janet M. Tavakoli Roberts is emerging—especially in relation to his jurisprudence dealing Reviewed by Christopher C. Faille with Indian law. The Federal Lawyer (ISSN: 1080-675X) is published 10 times per year, monthly, except for March/April and Nov./Dec. when it is bimonthly, by the Federal Bar Association, 1220 N. Fillmore St., Ste. 444, Arlington, VA 22201 Tel. (571) 481-9100, Fax (571) 481-9090, E-mail: [email protected]. Editorial Policy: The views published in The Federal Lawyer do not necessarily imply approval by the FBA or any agency or firm with which the authors are associated. All copyrights are held by the FBA unless otherwise noted by the author. The appearance of advertisements and new product or service information in The Federal Lawyer does not constitute an endorsement of such products or services by the FBA. Manuscripts: The Federal Lawyer accepts unsolicited manuscripts, which, if accepted for publication, are subject to editing. Manuscripts must be original and should appeal to a diverse audience. Visit www.fedbar.org/guidelines.html for writer’s guidelines. Subscription Rates: $14 of each member’s dues is applied toward a subscription. Nonmember domestic subscriptions are $35 each per year; foreign subscriptions are $45 each per year. All subscription prices include postage. Single copies are $5. Periodical postage paid in Arlington, Va., and at additional mailing offices. POSTMASTER, send changes of address to: The Federal Lawyer, The Federal Bar Association, 1220 N. Fillmore St., Ste. 444, Arlington, VA 22201. © Copyright 2009 Federal Bar Association. All rights reserved. PRINTED IN U.S.A. The Federal Bar Association | Mission Statement The mission of the Association is to strengthen the federal legal system and admin- istration of justice by serving the interests and the needs of the Federal practitioner, both public and private, the federal judiciary and the public they serve. | Board of Directors | | Section and Division Chairs | President Alternative Dispute Resolution | Simeon Baum Juanita Sales Lee | Huntsville, AL Antitrust & Trade Regulation | Christopher J. Kelly Bankruptcy | Michelle Carter President-Elect Lawrence R. Baca | San Diego, CA Corporate & Association Counsels | Criminal Law Section | Kevin McGrath Treasurer Environment, Energy & Natural Resources | Warren Burke Ashley L. Belleau | New Orleans, LA Federal Career Service Division | Neysa Slater-Chandler DIRECTORS Federal Litigation | Richard Pocker Fern C. Bomchill | Chicago, IL Financial Institutions & the Economy | Paul Huey-Burns Warren P. Burke | Washington, DC Government Contracts | Michael Branca Sean M. Connolly | Washington, DC Health Law | Matthew Caspari Robert J. DeSousa | Harrisburg, PA Immigration Law | Douglas Weigle Hon. Gustavo A. Gelpi | San Juan, PR Indian Law | Allie Greenleaf Maldonado Hon. Michelle Hamilton Burns | Phoenix, AZ Intellectual Property & Communications Law | William Roberts René D. Harrod | Fort Lauderdale, FL International Law | Beatrice A. Brickell Matthew B. Moreland | Reserve, LA Labor & Employment Law | Christopher Parker Nancy J. Moriarty | Portland, OR Senior Lawyers Division | Robert Rappel Marc W. Taubenfeld | Dallas, TX Social Security Law | Gary Flack Richard P. Theis | Washington, DC State & Local Government Relations | Edwin P. Voss Jr. Mark K. Vincent | Salt Lake City, UT Taxation | William Elwell Transportation and Transportation Security Law | Denise Krepp EX OFFICIO ME M BERS OF THE BOAR D OF DIRECTORS Veterans Law | Carol Wild Scott Stephen R. Jackson | Norfolk, VA Younger Lawyers Division | Kelsey Kornick Funes Kelsey Kornick Funes | Baton Rouge, LA Kent S. Hofmeister | Richardson, TX | National Staff | GENERAL COUNSEL TO THE FE D ERAL BAR ASSOCIATION Jack D. Lockridge | Executive Director Hon. D. Michael McBride III | Tulsa, OK Lori Beth Gorman | Executive Assistant ACCOUNTING | Vice Presidents for the Circuits | Tammy Reynolds | Controller 1st Circuit | Anthony Mirenda, George E. Lieberman ADMINISTR A TION Rodney Childs | Production/Mail Supervisor 2nd Circuit | Glenn M. Cunningham, Raymond J. Dowd 3rd Circuit | Francis J. DiSalle, James J. West CH A PTERS A ND CIRCUITS Melissa Stevenson | Manager of Chapters and Circuits 4th Circuit | Stephen R. Jackson, Thomas P. Gressette Jr. 5th Circuit | David L. Guerry, J. Todd Hedgepeth COMMUNIC A TIONS Stacy King | Director of Communications and Marketing 6th Circuit | Cameron S. Hill, Michael J. Newman Sarah Perlman | Communications Coordinator 7th Circuit | Joel R. Skinner, Paul E. Freehling 8th Circuit | Anh Le Kremer, Lora Mitchell Friedemann MEMBER SERVICES Carlena Farrar | Manager of Member Services 9th Circuit | W. West Allen, Sharon L. O’Grady Karen Kincaid | Member Records Coordinator 10th Circuit | Hon. Robert Bacharach, Cass Butler Laura Green | Member Records Assistant 11th Circuit | Cindy Van Rassen, Robert W. Thielhelm PROGR A MS D.C. Circuit | Brian Murphy, James G. Scott Kate Faenza | Manager of Meetings and Education SECTIONS AND DVISIONS Adrienne Woolley | Manager of Sections and Divisions The Federal Bar Association 1220 N. Fillmore Street, Ste. 444 | Arlington, VA 22201 | Telephone (571) 481-9100| 24-Hour Fax (571) 481-9090| E-mail: [email protected] 2 | The Federal Lawyer | March/April 2009 President’s Message JUANITA SALES LEE Coming Home to Indian Country: More Firsts in Native Leadership HE FEDERAL BAR Association is continuing its tradition of employing the talents of all Americans as national leaders. Next September, Twhen Lawrence Baca becomes president of the association, he will be our first Native American president and the first of any national nonminority bar. Born in Montrose, Colo., Baca grew was a justice on the Supreme Court of up in El Cajon, Calif. He earned a B.A. in American In- the Kaw Nation from 1999 to 2004. dian history and culture from the University of Califor- Last year, the Indian Law Section’s An- nia, Santa Barbara, in 1973. Baca
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