Isolation and Restraint: Maine’s Unique Status Outside Federal Indian Law

This is a significant moment in history for the Wabanaki People, the United States, and the State of Maine. The Maine State Legislature recently revisited the Implementing Act to the Maine Indian Claims Settlement of 1980—the state law which purported to resolve land disputes between the Tribes and the State dating back to Maine’s pre-history. There is growing public interest in—and momentum to recognize—tribal sovereignty.

Attorneys, students, and tribal leaders gathered in Portland on March 3, 2023, to highlight these current events in light of the fact that the history of tribal law in Maine has been one of isolation and restraint. The Symposium was presented by the Maine Law Review in partnership with Norman, Hanson & DeTroy, LLC, and the Maine State Bar Association.

Symposium participants welcomed five expert authors to discuss the importance of Federal Indian Law as it applies to the four federally recognized tribes located in Maine. A keynote address presented by Michael-Corey Hinton, Leader of the Tribal Nations Practice Group at Drummond Woodsum and citizen of the Passamaquoddy Tribe (Sipayik).

The Symposium featured the following speakers:

  • Professor Nicole Friederichs, Practitioner in Residence at Suffolk University Law School
  • Professor Matthew Fletcher, Harry Burns Hutchins Collegiate Professor of Law at the University of Michigan Law School and Chief Justice of the Pokagon Band of Potawatomi Indians and the Poarch Band of Creek Indians
  • Donna Loring, elder and former council member of the Penobscot Indian Nation and former Penobscot Nation Representative to the Maine State Legislature
  • Eric M. Mehnert, Chief Justice of the Penobscot Tribal Court Court and attorney for Hawkes & Mehnert, LLP
  • Joseph E. Gousse, Esq., attorney for Berman & Simmons

The Maine Law Review published a companion issue to the Symposium in June 2023.