Symposium to explore impact litigation advancing Indigenous rights

LAWRENCE — Indigenous communities in the United States face a variety of systemic obstacles that derive from a history of colonization, forced displacement and assimilation efforts that have marginalized them for generations. Currently, these communities deal with issues connected to their resources, environmental sustainability, economic well-being and the preservation of their cultural heritage. In response to these ongoing challenges, Indigenous communities have resorted to legal action to protect their rights and sovereignty. Impact litigation allows these communities a chance to advance their rights through the courts by establishing important legal precedents.

On Nov. 22, the Kansas Law Review and the Tribal Law & Government Center at the University of Kansas School of Law will host a joint symposium and tribal law conference, featuring scholars from across the country to discuss contemporary developments in strategic litigation aimed at supporting Indigenous rights. 

“Strategic Litigation Advancing Indigenous Rights” will take place at KU Law in Green Hall. Check-in and breakfast will begin at 8:30 a.m. The event is free and open to the public, but registration is required. Lunch will be provided. A virtual option is available for those who cannot attend in person.

Learn more about the symposium and register by November 18.

“While many are aware of the historical injustices faced by Indigenous communities over the past few centuries, it is crucial to highlight the ongoing systemic challenges they encounter and how litigation has increasingly been utilized to address these issues,” said Emma Leonard, symposium editor and third-year law student. “We are excited for this unique joint event, which will explore how recent impact litigation has played an innovative role in protecting and advancing Indigenous rights. This event will feature a very accomplished group of scholars and Indigenous advocates who will discuss the legal solutions being implemented to solve issues faced by these communities.”

Speakers will include:

• Bethany Berger, professor of law, Iowa Law School.
• Sarah Deer, University Distinguished Professor, KU.
• Laura Hines, Centennial Teaching Professor and director of the Shook, Hardy & Bacon Center for Excellence in Advocacy, KU.
• Stacy Leeds, dean and professor of law, Sandra Day O’Connor College of Law, Arizona State University.
• Rob Porter, visiting professor, Cornell Law School 
• Toni Stanger-McLaughlin, chief executive officer, Native American Agriculture Fund.
• Elizabeth Kronk Warner, dean and professor of law, S.J. Quinney College of Law, University of Utah.

Speakers will discuss topics including class actions, tribal lawyering, environmental protection, property rights and criminal law.

“Most people do not realize there is a specific area of federal law that applies only to Indian tribes in the U.S. As a result, this area of law is often overlooked, though use of these laws has a profound impact on the rights of tribes and tribal citizens,” said Judge Shawn Watts, KU Law lecturer and director of the KU Law Tribal Judicial Support Clinic. “KU Law's symposium is leading the field among nationally recognized law symposiums and law publications in centering this field of law. This amazing group of scholars will bring much needed knowledge and expertise to everyone in attendance and make great strides in protecting the rights of tribes in the U.S. and around the world.”

The symposium is sponsored by the Shook, Hardy & Bacon Center for Excellence in Advocacy.

Scholarship associated with the symposium will be published in a spring 2025 edition of the Kansas Law Review. For more information, contact Leonard at emmaleonard@ku.edu.