Practice Area:

General Federal Indian Law

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Federal Indian Law is the primary practice of Brad S. Jolly & Associates. Our attorneys all have a wide range of experience in Federal Indian Law in the representation of Indian tribes, their instrumentalities, and their economic enterprises. Some of the areas of Federal Indian Law which we routinely practice are:

• The extent of tribal, state, and federal jurisdiction both on and off-reservation
• The applicability to tribes of federal laws of general applicability, such as COBRA, Occupational Safety and Health Act ("OSHA"), ERISA, and the Americans with Disabilities Act ("ADA") and other civil right laws, and approaching such issues in a manner which protects tribal sovereignty and self-government
• The development and strengthening of tribal self-government and self-determination
• The establishment and structure of tribal agencies, departments, and other governmental subdivisions of a tribe as well as economic enterprises of a tribe, including tribal corporations
• Drafting of resolutions and ordinances and development of tribal codes
• Development of procedures for handling both general and particular matters
• Drafting of legal opinions on issues facing tribes, tribal agencies, and tribal economic enterprises
• Dealing with issues of recognition of tribal acts, orders, and judgments by state authorities

All of Brad S. Jolly & Associates's attorneys are well versed in all areas of Indian law. Over the years, we have gained experience in Indian law too broad to completely list here. But, we do not provide "generic" or "one size fits all" representation. We believe very strongly that the representation of any Indian nation must include proper consideration of the nation's unique history, culture, traditions, and interests. Only in doing so can a tribe's self-determination and self-government truly be exercised and effective legal representation be provided.

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INDIAN LAW UPDATES

NIGC Withdraws Class II Proposed Regs

Last Friday, National Indian Gaming Commission ("NIGC") Chairman Phil Hogen said that the agency will not be making its proposed drastic changes to class II gaming regulations. Chairman Hogen stated that... more »

Prairie Band Potawatomi Nation v. Wagnon, 10th Cir. (Feb. 6, 2007)

After remand from the United States Supreme Court to reconsider its decision requiring the State of Kansas to acknowledge and respect vehicle license plates and registrations issued by the Prairie Band... more »

New Law Includes Tribes in ERISA

President Bush signed the Pension Protection Act of 2006, which made significant changes to the Employment Retirement Income Security Act ("ERISA"). Section 906 of the new Act brings Indian tribes expressly... more »

Tribes Seeking Exclusion from NLRA

Representative J.D. Hayworth (R-AZ) has introduced a bill that would provide that tribes are not subject to the National Labor Relations Act ("NLRA"). As some may recall, the Hotel Employees and Restaurant... more »