Associate Professor of Law
University of Oklahoma, B.A.
Professor Kevin K. Washburn teaches and writes in the areas of administrative law, American Indian law, criminal law and procedure, gaming law, and property.
For the 2007-08 academic year, Professor Washburn is on leave from the University of Minnesota and is serving as the 2007-08 Oneida Nation Visiting Associate Professor of Law at Harvard Law School, where he is teaching American Indian law, gaming law, and first-year criminal law.
Professor Washburn earned his law degree from Yale Law School in 1993, where he served as Editor-in-Chief of the Yale Journal on Regulation. Following law school, Professor Washburn clerked for Judge William C. Canby Jr. of the United States Court of Appeals for the Ninth Circuit. In 1994, Professor Washburn joined the U.S. Department of Justice through the Attorney General's Honors Program. At Main Justice, he litigated cases involving Indian tribes, mostly in the context of environmental and natural resources law. In 1997, Professor Washburn left Main Justice to become a federal prosecutor in New Mexico, where he primarily prosecuted violent crimes arising in Indian country and referred by the FBI. In 2000, Professor Washburn became the General Counsel of the National Indian Gaming Commission, the independent federal regulatory agency that regulates Indian gaming nationwide.
He joined the University of Minnesota Law School in the fall of 2002. In his career as a practicing lawyer, Professor Washburn handled numerous bench and jury trials in federal and state courts and arguments in the U.S. Courts of Appeals. Since becoming an academic, he has published, taught, and lectured widely and has testified frequently before Congress.
Professor Washburn is a member of the Criminal Law and Procedure Drafting Committee of the National Conference of Bar Examiners (which produces the Multistate Bar Examination). He serves on the Executive Board of Editors of Felix S. Cohen's Handbook of Federal Indian Law. He also serves on the Board of Trustees of the Law School Admission Council. With UCLA colleagues Carole Goldberg and Duane Champagne, Professor Washburn is serving as a principal investigator on a $1.47 million grant from the National Institute of Justice to study the administration of criminal justice in Indian country.
Professor Washburn is an enrolled member of the Chickasaw Nation of Oklahoma, a federally recognized Indian nation. He spent most of his youth in small towns in Oklahoma within the original boundaries of the tribe's former reservation. He attended the University of Oklahoma, where he earned a bachelors degree in economics with honors.
Professor Washburn's SSRN Author Page.Professor Washburn's additional photos can be found here and here.
Books and Book Chapters
Author, The Law of Gaming and Gambling: Cases and Materials (Aspen/Woltes-Kluwer) (forthcoming 2009).
Author/Editor, 2007 update, Felix S. Cohen's Handbook of Federal Indian Law 3d Edition (2005), primary authorship and editorial responsibility for updates to Chapter 9 (Criminal Jurisdiction), Chapter 12 (Indian Gaming), and Chapter 21 (Economic Development).
Author, Book Chapter, Tribal Voting Rights and Election Law, Section 4.06 of Felix S. Cohen's Handbook of Federal Indian Law (2005).
The Legacy of Bryan v. Itasca County: How a $147 County Tax Notice on a Mobile Home Set the Foundation for $200 Billion in Indian Gaming Revenues, 92 Minnesota Law Review (forthcoming 2008).
Restoring the Grand Jury, 76 Fordham Law Review (forthcoming 2008).
Tribal Self Determination at the Crossroads, 38 Connecticut Law Review 777 (2006).
Federal Criminal Law and Tribal Self-Determination, 84 North Carolina Law Review 779 (2006).
American Indians, Crime and the Law, 104 Michigan Law Review 709 (2006).
Reconsidering the Commission's Treatment of Tribal Courts, 17 Federal Sentencing Reporter 209 (2005) (this essay is followed by commentaries by three federal judges and the Federal Public Defender of Arizona, evaluating Professor Washburn's proposal).
Tribal Courts and Federal Sentencing, 36 Arizona State Law Journal 403 (2004).
A Different Kind of Symmetry, 34 New Mexico Law Review 263 (2004).
The Mechanics of the Indian Gaming Management Contract Approval Process, 8 Gaming Law Review 333 (2004).
Lara, Lawrence, Supreme Court Litigation and Lessons from Social Movements, 40 Tulsa Law Review 25 (2004) (Essay in Symposium on United States v. Lara, 124 S. Ct. 1628 (2004)).
A Legacy of Public Law 280: Comparing and Contrasting Minnesota's New Rule for the Recognition of the Tribal Court Judgments with the Recent Arizona Rule, 31 William MitchellLaw Review 479 (2004) (Essay in Annual Symposium on Minnesota Law) (with Chloe Thompson).
Federal Law, State Policy and Indian Gaming, 4 Nevada Law Journal 285 (2004) (Essay in Symposium on Cross-Border Issues in Gaming).
Recurring Problems in Indian Gaming, 1 Wyoming Law Review 427 (2001); cited in In re: Gaming Related Cases, 31 F.3d 1094 (9th Cir. 2003); excerpted in Robert N. Clinton, et al., American Indian Law: Native Nations and the Federal System: Cases and Materials 954-57 (4th Ed. 2003).
Recent Developments, 21 American Indian Law Review 183 (1997).
Prepared Statement, Oversight Hearing on Law Enforcement in Indian Country, United States Senate, Committee on Indian Affairs (Byron Dorgan, Chair), 110th Congress, 1st Session (June 21, 2007).
Prepared Statement, Oversight Hearing on the [NIGC] Minimum Internal Control Standards, United States House of Representatives, Committee on Resources (Richard Pombo, Chair), 109th Congress, 2d Session (May 11, 2006).
Prepared Statement, Oversight Hearing on the Regulation of Indian Gaming following the United States District Court's Decision in Colorado River Indian Tribe v. NIGC, United States Senate, Committee on Indian Affairs (John McCain, Chair), 109th Congress, 1st Session (September 21, 2005).
Prepared Statement, Oversight Hearing on the Regulation of Indian Gaming, United States Senate, Committee on Indian Affairs (John McCain, Chair), 109th Congress, 1st Session (April 27, 2005).
CoursesAmerican Indian Law