Duke McCloud
Of Counsel
Duke McCloud has recently joined the firm as of-counsel after a distinguished
career as Chief Counsel to the Indian Health Service. Mr.
McCloud grew up in St. Paul, Minnesota. He received a BA
degree in history from Stanford University in 1964 and
a JD degree in law from the University of California at
Berkeley (Boalt Hall). Following graduation from law school,
Mr. McCloud served as law clerk to Judge Harry A. Blackman,
then on the U.S. Court of Appeals for the Eighth Circuit.
Mr. McCloud is a member of the California, Minnesota, and
District of Columbia Bars.
During his long career as a lawyer in the Office of the General Counsel in the U.S. Department of Health and Human Services, Mr. McCloud has developed extensive experience and expertise in Indian health and administrative law.
He represented the IHS in a series of cases that culminated in the recognition of Indian rights to eligibility for benefits under State and local health programs. He represented the IHS in the settlement of lawsuits resulting in the reversal of termination for a number of Indian in California. He represented the IHS in bringing a successful federal action against a hospital association in North Dakota for price fixing under the anti-trust laws. In the administrative law area, Mr. McCloud was the chief agency counsel in Lincoln v. Vigil, a leading Supreme Court case involving judicial review ability of Federal agency actions and the application of rule making procedures under the Administrative Procedure Act.
Mr. McCloud was a principal negotiator of the regulations governing Tribal contracting under the Indian Self-Determination Act. He also played a significant role in successfully negotiating The Self-Governance Amendments (Title V) to the ISDA and the Federal regulations implementing those amendments. He has participated in the negotiation of numerous contracts, compacts and funding agreements under the ISDA as well as in the adjudication of numerous appeals and disputes.
During his tenure in the Office of the General Counsel, Mr. McCloud obtained a great deal of experience negotiating matters involving the interface of the IHS program with the programs and responsibilities of other federal agencies and offices. He has a continuing interest in the complex inter-relationships that must be worked out as Tribes and tribal organizations integrate administration of diverse Federal and State programs under tribal control.
E-mail: dmccloud@hsdwdc.com
Phone: (202) 822-8282
RETURN TO ATTORNEYS LIST |
