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80 Mont. L. Rev. 1 (2019)

handle is hein.journals/montlr80 and id is 1 raw text is: 




                           KEYNOTE












    THE   RESTATEMENT OF THE LAW FOR AMERICAN
    INDIANS: THE PROCESS AND WHY IT MATTERS

                        Matthew   L.M. Fletcher*



     I'm here to talk about the Restatement of Indian Law or, as it is called
currently, the Restatement of the Law  of American   Indians.I My  lovely
wife, Wenona   Singel,2 and I are co-Reporters along with a good friend of
ours named   Kaighn  Smith.3 This project has been ongoing  since at least
2012, so it's been going on  for a long time and we're a few  years away
from  completion-assuming we get that far.   I'm going  to talk a little bit
about what  restatements are, what the process is like, and I'm going to do
so in a way that I hope is not ridiculously boring. It is an incredibly sober
and important activity, so to begin let me tell you my personal favorite story
about this process.
     Years ago, we  had an important piece, a portion of chapter one, for-
mally approved  by the Council of the American Law Institute, or ALI.4 The
ALI's Council-I   jokingly refer to them as kind of like the Illuminati of the
law. They  sit in a dark room, just like this one, and there cannot be more
than 40 of them.  I wish they would  come  in wearing hoods  and holding
little candles. Anyway, you know   how  you feel like when you  get off a

    * Professor of Law & Director of the Indigenous Law and Policy Center at Michigan State Uni-
versity College of Law.
    1. Am. Law Inst., Restatement of the Law: The Law of American Indians, ALI.ORG, https://perma
.cc/WP9A-92AY; RESTATEMENT OF THE LAW OF AMERICAN INDIANS (AM. LAW INST., Tentative Draft
No. 2, 2018).
    2. Associate Professor of Law and Associate Director of the Indigenous Law & Policy Center at
Michigan State University College of Law.
    3. Attorney at Drummond Woodsum, Portland, Maine.
    4. RESTATEMENT OF THE LAW OF AMERICAN INDIANS, INTRO. n. (AM. LAW INST., Tentative Draft
No. 1, 2015) [hereinafter RESTATEMENT OF THE LAW OF AMERICAN INDIANS, Draft 2015].

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