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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

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. 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 and other treatises and excerpted in textbooks, including Justin B. Richland and Sarah Deer's Introduction to Tribal Legal Studies 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 both the Federal Bar Association's Indian Law Section and 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 Supreme Court. Professor Tweedy is also an award-winning poet.


Teaching Interests:

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


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, 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.. 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)..