Tsosie on cover of ‘ASU Magazine’

Rebecca TsosieProfessor Rebecca Tsosie, Executive Director of the College’s Indian Legal Program, and Andrew Askland, Director of the College’s Center for the Study of Law, Science, & Technology were featured prominently in the September 2009 edition of ASU Magazine.
Tsosie is pictured on the publication’s cover, and is featured in the main piece, “Sustaining Change: ASU researchers discover keys to promoting habits for a healthier planet” by Lee Gimpel. In a sidebar, “Framing Change,” Tsosie points out that many of the world’s surviving indigenous cultures are the most susceptible to climate change because their lands often are likely to experience drought or flooding. This puts them at risk for extinction, she explains, and therefore, they have, or should have, a disproportionate interest in sustainability.
In the same sidebar, Askland talks about his research into the legal framework around sustainability, and for example, how the preferential treatment that certain power sources have enjoyed might change with regulation that tilts the balance toward wind and solar sources.

Andrew AsklandTo read the full article, click here.Tsosie teaches in the areas of Indian law, Property, Bioethics, and Critical Race Theory, as well as seminars in International Indigenous Rights and in the College’s Tribal Policy, Law, and Government Master of Laws program. She has written and published widely on doctrinal and theoretical issues related to tribal sovereignty, environmental policy and cultural rights, and is the author of many prominent articles dealing with cultural resources and cultural pluralism. Tsosie is the co-author with Robert Clinton and Carole Goldberg of a federal Indian law casebook, and her current research deals with Native rights to genetic resources. She annually speaks at several national conferences on tribal sovereignty, self-determination, and tribal rights to environmental and cultural resources.
Askland teaches courses at the College of Law in Privacy and Economics and the Law. He also has research interests in Environmental Ethics and Bioethics and in Moral and Political Theory. Askland is a member of the American Philosophical Association and served on the program committee of its Pacific Division.

Artman to be keynote at Development Conference

Carl Artman Carl Artman, Director of the Economic Development in Indian Country Program, will be the keynote speaker at the 2009 Business Development in Indian Country Conference at the Potawatomi Bingo Casino in Milwaukee, Wisc., on Sept. 21-24.

The conference is organized by the Potawatomi Business Development Corp., and will bring together tribal and business leaders from across the region and nation to share experiences and ideas for building sustainable tribal economies.

Artman, who is a shareholder at Godfrey & Kahn, also served as the Assistant Secretary of Indian Affairs for the U.S. Department of the Interior. He will identify various stimulus opportunities for Indian Country. Eugenio Aleman, vice president and senior economist for Wells Fargo, will also provide a keynote on the banking and investing trends in 2009-2010.
To register for the conference, go to http://www.bussproductions.com/ or call (651) 917-2301.

Artman joins College of Law

When Carl J. Artman was in second grade, he watched the Watergate hearings on television.
“I saw the people whispering in the ears of the senators, and I knew I wanted to be one of those people,” he said.

Artman, who realized that dream of leadership in Washington, D.C., by becoming Assistant Secretary of Indian Affairs for the U.S. Department of the Interior and the Department’s Associate Solicitor for Indian Affairs, recently joined the Sandra Day O’Connor College of Law as a professor and Director of the Economic Development in Indian Country Program.

Artman, an enrolled member of the Oneida Tribe of Indians of Wisconsin, spent much of his childhood visiting relatives on the reservation. “I always knew I was an Indian growing up,” he said.

A self-defined “policy wonk,” Artman considered journalism, reading All the President’s Men, Bob Woodward and Carl Bernstein’s description of reporting the Watergate scandal that led to President Nixon’s resignation.

But he also read the writings of Jean-Jacques Rousseau and John Locke and the letters of Thomas Jefferson and Benjamin Franklin. And he learned that the Oneida Nation was one of the Five Nations of the Iroquois Confederacy, which is said to have influenced the Articles of Confederation and the Constitution. And that the tribe supplied corn that kept President Washington’s troops from starving at Valley Forge in 1777.

“I was honored to know that my tribe helped create what we have today,” he said.
And he chose the path of government service.

Artman has worked in policy-making on Capitol Hill, lobbied for his tribe, worked on business deals for the Oneida Nation, including a telecom business, developed a high-tech business and eventually became Chief Counsel for his tribe. After he left the Department of the Interior, Artman built an Indian law practice at Godfrey & Kahn in Milwaukee, Wisc.

“When I was in law school, there was not a lot of focus on Indian law,” Artman said. “I always thought I would end up in Indian Country, preferably working for my tribe, but I never felt compelled to follow a strict Indian law process.”

Instead, at Washington University School of Law, Artman focused on business and policy, and their intersection with law. He also earned an M.B.A. at the University of Wisconsin-Madison and an LL.M. in Natural Resources and Environmental Law at the University of Denver.

“Everything I’ve done has crossed government, business, management and policy,” he said.
Artman said he began thinking about ASU after Dean Paul Schiff Berman approached him at a conference the Indian Legal Program organized in 2008 about Indian gaming, at which Artman was a presenter.

“I did a lot of research, looking at ASU’s philosophy under President Crow, his vision of the New American University and its entrepreneurship,” Artman said. “I knew that if I had the opportunity to work with students here, they would take what we worked on and translate it into something real.”

Artman said he also was attracted by the Indian Legal Program team, which he said he is proud to join.

“The impact they have leads to endless possibilities,” he said. “It’s readymade to help tribal leaders.”

In addition to teaching, one of Artman’s first projects is planning a national conference on tribal energy economies, which will be held March 25-26.

“It’s about the whole world of energy, coal, natural gas, oil, the whole gamut, spanning all the way to alternative and renewable energies and beyond,” Artman said. “Many tribes are just tapping into their natural resources, and we’ll look at a strategic plan to promote investment and turn them into truly sustainable economies.

“We’ll look at the issues from 10,000 feet, but also in detail. I want tribal leaders – government, business, legal, chiefs of staff – to walk out saying, ‘That was inspirational. I learned what other people are thinking on the subject. There were partners and stakeholders who spoke with us.’ I want it to be a true exchange of ideas.”

Artman’s wife, Wendy, is a senior public relations manager with GroundFloor Media, based in Denver, and they have two young sons.

JOB: Staff Attorney for Crow Tribe of Indians


Staff Attorney

The Executive Branch of the Crow Tribe of Indians is accepting applications for a full-time in-house attorney position at the Office of Legal Counsel in Crow Agency, MT. Position open until filled.

Minimum Qualifications
· A Juris Doctorate (J.D.) degree from an accredited law school;
· Admitted to practice in the State of Montana and a member in good standing of the Montana Bar;
· Willing to sit for the next available administration of the Crow Tribal Bar Exam;
· Prior legal experience (3+ years) preferred;
· General understanding of and inherent respect for Crow Tribal and Native American history and culture;
· Working knowledge of the Federal Rules of Evidence and Civil Procedure;
· Demonstrated knowledge of Federal Indian Law;
· Willing to sit for and ability to pass a criminal background check;
· No felony convictions and no serious misdemeanor convictions within the past five years;
· Must pass a pre-employment drug test;
· Commitment to the concepts of tribal sovereignty and Indian self determination

Salary: DOE

Description: The successful applicant will be responsible for diverse matters on behalf of the Executive Branch of the Crow Tribe, and will provide legal counsel to the Tribal governmental departments. S/he will be expected to divide her/his time as appropriate to cover the caseload in each respective assigned area. S/he will represent the Tribe in various cases or matters in which the Tribe has an interest, as assigned or delegated by Joint Lead Counsel for the Executive Branch.

Duties may include practice in tribal, federal, and state courts and arbitration proceedings; participating in teleconference and telephonic hearings as required; performing legal research in appropriate areas of law; review and analysis of statutes and caselaw pertaining to tribal, federal, and state law and any other relevant tribal codes; development of Tribal codes and legislation, including presentations to the Tribal Legislature and collaborative work with its Committees; analysis of pending Federal and State legislation for effects on the Crow Tribe; review of contracts and grant applications; land and leasing transactions; interface with the Bureau of Indian Affairs and other Federal and State agencies; training and supervision of others as required; and other related duties as assigned or required.

Preference in filling vacancies is given to qualified Crow Tribal members, and to members of federally recognized Indian tribes.

Interested individuals should submit a letter of interest, resume, and three references to: Office of Legal Counsel, Crow Tribe, Attention: Heather Whiteman Runs Him-Oleyte, P.O. Box 340, Crow Agency, MT 59022. Questions may be directed via email to: heatherw@crownations.net.

Professor Rebecca Tsosie Welcomed as Inaugural Oregon Tribes Professor of Law

Oregon Law is pleased to welcome Professor Rebecca Tsosie as the first ever Oregon Tribes Law Professor and a Wayne Morse Center distinguished speaker for the Climate Ethics, Climate Equity theme.
Professor Tsosie, who is of Yaqui descent, has worked extensively with tribal governments and organizations and serves as a Supreme Court Justice for the Fort McDowell Yavapai Nation. She has served as Executive Director of the top ranked Indian Law program at Arizona State University’s Sandra Day O’Connor College of Law since 1996. She teaches Indian law, property, bioethics, and critical race theory, as well as seminars on international indigenous rights. Professor Tsosie also teaches in the school’s LL.M. program in Tribal Policy, Law, and Government. Additionally, she is a Faculty Fellow of the Center for the Study of Law, Science, and Technology and an Affiliate Professor in ASU’s American Indian Studies Program. In 2005, Professor Tsosie was appointed a Willard H. Pedrick Distinguished Research Scholar.
Professor Tsosie has written and published widely on doctrinal and theoretical issues related to tribal sovereignty, environmental policy, and cultural rights. She is the author of many prominent articles dealing with cultural resources and cultural pluralism. Professor Tsosie is the co-author of a federal Indian law casebook titled American Indian Law: Native Nations and the Federal System. In addition, Professor Tsosie annually speaks at several national conferences on tribal sovereignty, self-determination, and tribal rights to environmental and cultural resources.
Professor Tsosie is a recipient of numerous distinguished awards and honors, including a Woodrow Wilson Fellowship, the Native Nations Distinguished Alumnus Award, the “Judge Learned Hand Award” for Public Service, and the American Bar Association’s “2002 Spirit of Excellence Award.”
During Professor Tsosie’s visit, she will meet and consult with the faculty, students, and staff on Indian legal education, meet with Oregon Law’s Native American Law Student Association, meet with Oregon tribes to discuss the issues of climate change, and present the annual Rennard Strickland lecture, cosponsored by the Wayne Morse Center and Oregon Law’s Environmental and Natural Resources Law (“ENR”) Program on October 15.
The Oregon Tribes Professorship is established to boost scholarship, public service, and academic offerings in Indian Law. It is aimed to provide legal education about and to the Native Americans at Oregon Law, and serve as a bridge between the law school and the Native American community. This chair was made possible by a grant from the Confederated Tribes of Grand Ronde and contributions from numerous registered tribes in Oregon.

Dorinda Strmiska has accepted a new position with the National Indian Gaming Commission. She will be starting there on October 13, 2009.
The ILP congratulates you!

ILC files amicus brief in Fifth Circuit Religious Freedom Case

Indian Legal Clinic Files Amicus Brief in Fifth Circuit Religious Freedom Case

The ASU Indian Legal Clinic and Quarles & Brady filed an amicus brief on behalf of the Lipan Apache Tribe of Texas in A.A. v. Needville School District. Indian Legal Clinic Student-Attorney Daniel Lewis, Quarles & Brady attorney Katea Ravega, and Professor Patty Ferguson-Bohnee prepared the brief.

The school district appealed a permanent injunction issued by the Southern District of Texas prohibiting the district from enforcing a regulation that would prevent a Native American kindergartner from wearing his hair in braids at school in violation of his constitutional rights of freedom of expression and religion. The school district’s policy prevents boys from wearing their hair long, and specifically provides that a boy’s hair “shall not cover any part of the ear or touch the top of the standard collar in the back.” Because of the policy, the student was placed in in-school suspension. The student believes “that his long hair is not only an expression of his ancestry and heritage, but also a sacred symbol of his life and experience in this world.”

The amicus brief addressed the Lipan Apache tradition of wearing hair long for both expression of identity and religious purposes and requested the Fifth Circuit to affirm the lower court’s decision.

Professor Ferguson Bohnee chosen NABA-AZ Member of the Year

Patty Furguson-Bohnee Patty Ferguson-Bohnee, director of the Indian Legal Clinic, has been chosen 2009 NABA-AZ Member of the Year Award by the Native American Bar Association of Arizona.

Ferguson-Bohnee was chosen for her “immeasurable” work in both the legal community and the Native American community, including her service as co-founder and vice president of NABA-AZ, her work for the Native community on the Election Protection project, and her recent appointment as vice president of the National NABA.
Ferguson-Bohnee will be recognized at the inaugural Seven Generations Awards Dinner from 6-9 p.m. on Saturday, Sept. 26, at the Whirlwind Golf Club on the Gila River Indian Community, 5692 W. North Loop Road in Chandler.

Ferguson-Bohnee has substantial experience in Indian law, election law and policy matters, voting rights, and status clarification of tribes. She has testified before the United States Senate Committee on Indian Affairs and the Louisiana State Legislature regarding tribal recognition, and has successfully assisted four Louisiana tribes in obtaining state recognition.

She has represented tribal clients in administrative, state, federal, and tribal courts, as well as before state and local governing bodies and proposed revisions to the Real Estate Disclosure Reports to include tribal provisions. She has assisted in complex voting rights litigation on behalf of tribes, and she has drafted state legislative and congressional testimony on behalf of tribes with respect to voting rights’ issues.