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Ann Tweedy

Ann Tweedy

Associate Professor

LAW SCHOOL

School of Law 240

Phone: (605) 658-3500

Email: Ann.Tweedy@usd.edu

Website: http://anntweedy.com/legal-scholar/

Curriculum Vitae

Bio:

Ann E. Tweedy joined the faculty at University of South Dakota School of Law in January 2020. She previously served as an in-house attorney for Muckleshoot Indian Tribe and for Swinomish Indian Tribal Community and in an Of Counsel role at Kanji & Katzen, PLLC. Her work in practice focused primarily on natural resources law and environmental law in the context of protection of Tribal treaty resources. She played an integral role in treaty rights cases that were heard by the Ninth Circuit, the District of Columbia Circuit, and the United States Supreme Court, including the subproceeding of United States v. Washington known as the Culverts Case. Professor Tweedy has taught at Michigan State University College of Law, California Western School of Law, and Hamline University School of Law (now Mitchell Hamline). Most recently, she served as an adjunct professor in University of Tulsa College of Law's online Masters of Jurisprudence Program in Indian Law. She is a noted scholar on tribal jurisdiction and tribal civil rights law, as well as on bisexuality and the law. Her scholarship has been cited in Cohen's Handbook of Federal Indian Law<i> </i>and other treatises and excerpted in textbooks, including Justin B. Richland and Sarah Deer's Introduction to Tribal Legal Studies<i> </i>and William B. Rubenstein et al.'s Cases and Materials on Sexual Orientation and the Law. She has been invited to present at many conferences in the United States and abroad and, in 2016, presented the Annual Rubash Distinguished Lecture in Law and Social Work at University of Pittsburgh School of Law. After graduating from University of California, Berkeley School of Law, where she was inducted into the Order of the Coif, Ann clerked for the Honorable Ronald M. Gould of the U.S. Court of Appeals for the Ninth Circuit and for the Honorable Rex Armstrong of the Oregon Court of Appeals. She currently serves as Chair of the Federal Bar Association's Indian Law Section and as the Immediate Past Chair of the Washington State Bar Association's Indian Law Section, as well as serving as a volunteer Hearing Officer for the Disciplinary Board of the Washington State Bar Association. Professor Tweedy is also an award-winning poet.


Teaching Interests:

Federal Indian Law<br>Federal Courts<br>Tribal Law<br>Gender, Sexuality & Law<br>Property<br>Water Law<br>Employment Discrimination<br>Conflict of Laws


Education:

  • MFA, Creative Writing, Hamline University, 2018
  • JD, University of California, Berkeley School of Law, 1999
  • BA, English and Philosophy, Bryn Mawr College, 1993

Licensures and Certifications:

  • Member of the Bar, United Court of Appeals for the Ninth Circuit
  • Member of the Bar, United States Court of Appeals for the District of Columbia Circuit
  • Member of the Bar, United States Supreme Court
  • Member, Washington State Bar Association
  • Member (inactive), California State Bar Association

Publications:

Citations listed below are presented in a standardized, modified format for display purposes only. They do not necessarily reflect the preferred style and conventions of the faculty member or discipline.

  • Tweedy, Ann E.. Has Federal Indian Law Finally Arrived "at the far end of the Trail of Tears"?. Vol. 37, Iss. 3. Atlanta, Georgia: Georgia State University Law Review, 2021.
  • Tweedy, Ann E.. The Validity of Tribal Checkpoints in South Dakota to Curb the Spread of COVID-19. University of Chicago Legal Forum, 2021.
  • Tweedy, Ann E.. Reconciling Competing Claims to Equality Relating to Tribal Governments and Native and Non-native Individuals. JOTWELL: Equality, 2020.
  • Tweedy, Ann. Opening Up the Law to Accommodate Non-Binary Genders, JOTWELL (Mar. 22, 2019) (reviewing Jessica Clarke, They, Them and Theirs, 132 Harv. L. Rev. 894 (2019)), https://equality.jotwell.com/opening-up-the-law-to-accommodate-non-binary-genders/..
  • Tweedy, Ann. The Use of Historical Law in Treaty Rights Cases, ABA Section of Environment, Energy & Resources 37th Water Law Conference Materials (March 25, 2019), https://ssrn.com/abstract=3375569..
  • Tweedy, Ann. Illuminating Societal Stereotyping of Bisexuals and the Need for Strategies to Reduce Stigmatization, JOTWELL (May 24, 2018) (reviewing Brian Dodge et al., Attitudes Toward Bisexual Men and Women Among a Nationally Representative Probability Sample of Adults in the United States, 11 PLoS ONE (2016)), https://equality.jotwell.com/illuminating-societal-stereotyping-of-bisexuals-and-the-need-for-strategies-to-reduce-stigmatization/..
  • Tweedy, Ann. Insuring Breast Reconstruction, 66 UCLA L. Rev. Disc. 2 (2018)..
  • Tweedy, Ann. Judicial Profile: Hon. Ronald M. Gould, Circuit Judge, U.S. Court of Appeals for the Ninth Circuit, Fed. Law., Apr. 2018, at 32..
  • Tweedy, Ann. Judicial Profile: Hon. Ronald J. Whitener, Chief Judge, Tulalip Tribal Court, Fed. Law., Apr. 2017, at 23..
  • Tweedy, Ann. The Staying Power of Injustice and the Prolonged History of the Trafficking of Indian Children in The Other Slavery, JOTWELL (April 25, 2017) (reviewing Andres Resendez, The Other Slavery: The Uncovered Story of Indian Enslavement In America (2016), https://equality.jotwell.com/the-staying-power-of-injustice-and-the-prolonged-history-of-the-trafficking-of-indian-children-in-the-other-slavery/..
  • Tweedy, Ann. Contextualizing the Harms Caused by Appropriation of Indians' Intangible Cultural Property, JOTWELL (April 5, 2016) (reviewing Angela R. Riley & Kristen A. Carpenter, Owning Red: A Theory of (Cultural) Appropriation, Tex. L. Rev. (forthcoming 2016), available at SSRN), http://equality.jotwell.com/contextualizing-the-harms-caused-by-appropriation-of-indians-intangible-cultural-property/..
  • Tweedy, Ann. Ann E. Tweedy, A Bisexual Perspective on Law School Hiring, 31 Colum. J. Gender & L. 80 (2015)..
  • Tweedy, Ann, Marcus, Nancy C., Velte, Kyle C., Adams, Toby Phoebe E., Mezey, Naomi, Adams, Diana, and Argentino, Jodi A.. Brief of Amicus Curiae BiLaw in Support of Petitioners, Obergefell v. Hodges, Nos. 14-556; 14-562; 14-571; 14-574 (U.S., Mar. 3, 2015)..
  • Tweedy, Ann, and Yescavage, Karen. Employment Discrimination Against Bisexuals: An Empirical Study, 21 Wm. & Mary J. of Women & L. 699 (2015)..
  • Tweedy, Ann. Indian Tribes and Gun Regulation: Should Tribes Exercise Their Sovereign Rights to Enact Gun Bans or Stand-Your-Ground Laws?, 78 Alb. L. Rev. 885 (2015)..
  • Tweedy, Ann. Moving Beyond the Pregnant/Non-Pregnant Dichotomy in Pregnancy Discrimination Law Based on the Lived Experiences of New Mothers, JOTWELL (April 17, 2015) (reviewing Saru M. Matambanadzo, The Fourth Trimester, 48 U. Mich. J.L. Reform 117 (2014)), http://equality.jotwell.com/moving-beyond-the-pregnantnon-pregnant-dichotomy-in-pregnancy-discrimination-law-based-on-the-lived-experiences-of-new-mothers/..
  • Tweedy, Ann. Tribal Laws & Same-Sex Marriage: Theory, Process, and Content, 46 Colum. Hum. Rts. L. Rev. 104 (2015)..
  • Tweedy, Ann. Tribes, Same-Sex Marriage, and Obergefell v. Hodges, Fed. Law., Oct./Nov. 2015, at 6..
  • Tweedy, Ann. Classcrits Mission Statement, 43 Sw. L. Rev. 651 (2014) (with Justin Desautels-Stein, Angela P. Harris, Martha McCluskey, Athena Mutua, and James Pope)..
  • Tweedy, Ann. Oral History and Perceptions of Subjectivity, JOTWELL (April 29, 2014) (reviewing Robert Alan Hersey, Jennifer McCormack, & Gillian E. Newell, Mapping Intergenerational Memories (Part I): Proving the Contemporary Truth of the Indigenous Past, Ariz. Legal Stud. Discussion Paper 14-01 (2014), available at SSRN), http://equality.jotwell.com/oral-history-and-perceptions-of-subjectivity/..
  • Tweedy, Ann. How Allotment-Era Literature Can Inform Current Controversies About Tribal Jurisdiction and Reservation Diminishment, 82 U. Toronto Q. 924 (2013)..
  • Tweedy, Ann. Sex Discrimination Under Tribal Law, in The Indian Civil Rights Act at Forty 53 (Kristen A. Carpenter et al. eds., 2012)..
  • Tweedy, Ann. Unjustifiable Expectations: Laying to Rest the Ghosts of Allotment-Era Settlers, 36 Seattle U. L. Rev. 129 (2012)..
  • Tweedy, Ann. "Hostile Indian Tribes . . . Outlaws, Wolves, . . . Bears . . . Grizzlies and Things Like That?" How the Second Amendment and Supreme Court Precedent Target Tribal Self-Defense, 13 U. Pa. J. Const. L. 687 (2011) (reprinted in 4 The Crit: Critical STud. J. 1 (2011))..
  • Tweedy, Ann. Polyamory as a Sexual Orientation, 79 U. Cin. L. Rev. 1461 (2011) (excerpted in Rubenstein et al., Cases and Materials on Sexual Orientation and the Law (5th ed. 2014))..
  • Tweedy, Ann. Sex Discrimination Under Tribal Law, in Women and the Law 3 (Tracy A. Thomas ed., 2011)..
  • Tweedy, Ann. Sex Discrimination Under Tribal Law, 36 Wm. Mitchell L. Rev. 392 (2010)..
  • Tweedy, Ann. Connecting the Dots Between the Constitution, the Marshall Trilogy, and United States v. Lara: Notes Toward a Blueprint for the Next Legislative Restoration of Tribal Sovereignty, 42 U. Mich J. L. Reform 651 (2009)..
  • Tweedy, Ann. Using Plenary Power as a Sword: Tribal Civil Regulatory Jurisdiction Under the Clean Water Act After United States v. Lara, 35 Envtl. L. 471 (2005)..
  • Tweedy, Ann. The Liberal Forces Driving the Supreme Court's Divestment and Debasement of Tribal Sovereignty, 18 Buff. Pub. Interest L. J. 147 (2000)..

Presentations:

  • Tweedy, Ann. Commenter. Presented at the University of Vienna's Symposium on Polyamory in the Media, Social and Identity Perspective, Vienna, Austria. (June 7, 2019)
  • Tweedy, Ann. #MeToo: Tribes and Ethical Considerations of Workplace Sexual Harrassment and Discrimination. Presented at the 44th Annual Federal Bar Association Indian Law Conference, Albuquerque, NM. (April 12, 2019)
  • Tweedy, Ann. The Role of Historical Law in Treaty Rights Cases. Presented at the ABA Water Law Conference, Denver, CO. (March 26, 2019)
  • Tweedy, Ann. The Invisibility of Native Rights. Presented at the Indigenous Peoples Day Event, Seattle University School of Law, Seattle, WA. (October 8, 2018)
  • Tweedy, Ann. Stand Your Ground in Indian Country. Presented at the Continuing Legal Education Seminar, co-sponsored by Arizona State University College of Law and the American Bar Association, Phoenix, AZ. (January 13, 2017)
  • Tweedy, Ann. Bi/Sexuality at the Margins. Presented at the 2016 Distinguished Rubash Lecture in Law and Social Work at University of Pittsburgh School of Law, Pittsburgh, PA. (March 22, 2016)
  • Tweedy, Ann. Tribal Laws & Same Sex Marriage. Presented at the Seattle University School of Law Faculty Colloquium, Seattle, WA. (August 31, 2015)
  • Tweedy, Ann. Tribes and Gun Regulation: Should Tribes Exercise Their Sovereign Rights to Enact Gun Bans or Stand-Your-Ground Laws?. Presented at the Albany Law Review's A Loaded Debate: The Right to Keep and Bear Arms in the 21st Century, Albany, NY. (October 9, 2014)
  • Tweedy, Ann. Tribal Laws & Same-Sex Marriage. Presented at the 28th Annual Coming Together of the Peoples Conference, University of Wisconsin, Madison, WI. (April 5, 2014)
  • Tweedy, Ann. Employment Discrimination Against Bisexuals and Others with Fluid Identities. Presented at the St. Louis University School of Law Faculty Colloquium, St. Louis, MO. (January 15, 2014)
  • Tweedy, Ann. Tribal Same-Sex Marriage Laws. Presented at the Federal Bar Association's 15th Annual DC Indian Law Conference, Washington, D.C.. (November 15, 2013)
  • Tweedy, Ann. Same-Sex Marriage & Indian Tribes. Presented at the Thirty-Eighth Annual Federal Bar Association Indian Law Conference, Santa Fe, NM. (April 2013)
  • Tweedy, Ann. Unjustifiable Expectations. Presented at the Michigan State University's Eighth Annual Indigenous Law Conference, East Lansing, MI. (October 2011)
  • Tweedy, Ann. Charles Wilkinson's The People Are Dancing Again: A History of the Siletz Tribe. Presented at the Michigan State University College of Law Indigenous Law & Policy Center's 2011 Spring Speaker Series, East Lansing, MI. (April 2011)
  • Tweedy, Ann. Race and Equal Protection. Presented at the Michigan State University's Seventh Annual Indigenous Law Conference, East Lansing, MI. (October 2010)
  • Tweedy, Ann. Connecting the Dots Between the Constitution, the Marshall Trilogy, and United States v. Lara: Notes Toward a Blueprint for the Next Legislative Restoration of Tribal Sovereignty. Presented at the Federal Bar Association's Thirty-Fourth Annual Indian Law Conference, Buffalo Thunder, NM. (April 2009)