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Raymond Cross (on leave Fall 2013)

Raymond Cross (on leave Fall 2013)

Professor of Law
406.243.4816
ray.cross@umontana.edu
Law 317

Professor Cross teaches Federal Indian Law, Advanced Federal Indian Law, American Cultural and Religious Freedoms, Comparative Legal Status & Rights of the Indigenous Peoples of Canada, Australia, New Zealand and United States, and Public Land and Natural Resources Law. He also advises the Public Land & Resources Law Review, and he coaches the National Native American Law Students’ Moot Court team that placed second nationally in 2004. He works extensively with Indian tribes, Indian organizations, and federal agencies on issues of Indian education, tribal self-determination, and cultural and natural resources preservation.

Professor Raymond Cross’ legal career in Indian Country is chronicled in a new book entitled “Coyote Warrior: One Man, Three Tribes and the Trial That Forged A Nation” (Little, Brown Publishing Co. 2004). He began his legal career as a staff attorney with California Indian Legal Services (C.I.L.S.) in its Mendocino County office located in Ukiah, California. He later served from 1975-80 as the Indian Law Support Center Director for Native American Rights Fund (NARF), a public interest law firm located in Boulder, Colorado. During his tenure at NARF he represented the Klamath Indian Tribe in its successful litigation effort to establish its time immemorial reserved water right for the preservation of the tribe’s aboriginal hunting, fishing, gathering, and trapping rights within the environmentally significant Klamath Marsh region of south central Oregon. He also represented the Pasqua Yaqui Tribe, which resides in the Sonora Desert of southern Arizona, in its successful effort to secure Congressional recognition of its aboriginal status as an American Indian tribe entitled to federal protection and federal services.

Professor Cross returned in 1981 to serve as tribal attorney for his tribal people, the Mandan, Hidatsa, and Arikara Nation of the Fort Berthold Indian Reservation. During his tenure as tribal attorney he presented two oral arguments before the U.S. Supreme Court on behalf of his tribal people, resulting in two Indian law opinions that opened state courts to tribal damage actions against non-Indian defendants and that re-affirmed fundamental principles of tribal sovereign immunity to suit. He also represented his tribal people in their long standing just compensation claim against the United States for its 1949 taking of over 156,000 acres of reservation land as the site for the Garrison Dam, the world’s fourth largest rolled earth dam. In 1992, Congress awarded the Mandan, Hidatsa, and Arikara Nation over $149.2 million in just compensation for wrongs imposed on the tribal people by the Garrison Dam.

Professor Cross is a 1973 graduate of Yale Law School.

His recent scholarly publications include:

Reconsidering the Original Founding of Indian and Non-Indian America: Why a Second American Founding Based on Principles of Deep Diversity is Needed, 25 Pub. Land & Resources L. Rev. 61 (2004).

The Federal Trust Duty in an Age of Indian Self-Determination: An Epitaph for a Dying Doctrine?, 39 Tulsa L. Rev. 369 (2003).

Tribes as Rich Nations, 79 Or. L. Rev. 893 (2000).

American Indian Education: The Terror of History and the Nation’s Debt to the Indian People, 21 U. Ark. Little Rock L. Rev. 941 (1999).

Sovereign Bargains, Indian Takings and the Preservation of Indian Country in the 21st Century, 40 Ariz. L. Rev. 525 (1998).

Devil’s Tower at the Crossroads: The National Park Service and the Preservation of Native American Cultural Resources in the 21st Century), 18 Pub. Land & Resources L. Rev. 5 (1997) (co-authored with Ms. Elizabeth Brenneman).

When Brendale Met Chevron: The Role of Federal Courts in the Construction of an Indian Environmental Law, 1 Great Plains Nat. Resources J. 1 (1996).

De-federalizing American Indian Commerce: Toward a New Political Economy for Indian Country, 16 Harv. J. L. & Pub. Policy 445 (1993).

Indian Monies and Welfare, 14 Clearinghouse Rev. 120 (1980-1981) (with Barbara Rath).
Current Activities of the Indian Law Support Center, 11 Clearinghouse Rev. 124 (1977-1978).

PRESENTATIONS

CLE Presentation, Indian Law (Aug. 25, 1995) (copy on file with The Montana School of Law Library).