McGirt Webinar Recording – Now available!

Did you miss our recent webinar? Recording of ” “The most significant Indian Law case of the century: McGirt v. Oklahoma” is available here

  • Professor Larry Roberts (Oneida) – Moderator, Executive Director of the Indian Gaming and Tribal Self-Governance Program and Professor of Practice at the Sandra Day O’Connor College of Law 
  • Stacy Leeds (Cherokee) – Vice Chancellor for Economic Development, Dean Emeritus and Professor of Law at the University of Arkansas 
  • Professor Robert Miller (Eastern Shawnee) – Faculty Director, Rosette LLP American Indian Economic Development Program and Pedrick Distinguished Research Scholar at the Sandra Day O’Connor College of Law 
  • Jonodev Chaudhuri (Muscogee Creek Nation) – Ambassador, Muscogee Creek Nation, Partner, Quarles & Brady 
  • Derrick Beetso (’10) (Navajo) – General Counsel, National Congress of American Indian
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Job Opportunity – Staff Attorney

New Mexico Legal Aid
Gallup, NM

The staff attorney will handle cases and matters involving Federal Indian law and Indian tribal law issues, including representation of low income individuals in tribal court.  In addition, the staff attorney may be required to handle general poverty law work in non-Tribal forums and to conduct outreach in Indian and non-Indian communities.  The attorney will also be active in relevant bar and community activities.   The position will be based in Gallup and will concentrate on Native American and non-Native American cases in northwest counties of the state. It may involve up to may involve up to 50% domestic violence casework. The attorney will report to the managing attorney of the Native American Program and the managing attorney of the Gallup office according to the type of casework.

The staff attorney will handle cases and matters involving Federal Indian law and Indian tribal law issues, including representation of low income individuals in tribal court.  In addition, the staff attorney may be required to handle general poverty law work in non-Tribal forums and to conduct outreach in Indian and non-Indian communities.  The attorney will also be active in relevant bar and community activities.   The position will be based in Gallup and will concentrate on Native American and non-Native American cases in northwest counties of the state. It may involve up to may involve up to 50% domestic violence casework. The attorney will report to the managing attorney of the Native American Program and the managing attorney of the Gallup office according to the type of casework.

Send a current resume and a letter of interest explaining what you would like to accomplish if you are selected for this position to:  jobs@nmlegalaid.org Salary:  DOE, NMLA is an EEO Employer.  Deadline:  March 31, 2020, or until filled.

For full job description, click here.

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McGirt v. Oklahoma Supreme Court Decision: Treaties Upheld

On July 9, the Supreme Court issued its decision in McGirt v. Oklahoma and affirmed that the Muscogee Creek Nation’s reservation was never disestablished. The majority opinion strongly affirmed what Native people have known: that Treaty rights are the Supreme Law of the land and do not fade with time.  This historic decision is a strong vindication of the Muscogee Creek Nation’s treaty and a promising decision for all treaties. Indian Country will be talking about this decision for decades to come, and ASU ILP has already begun taking part in these conversations.

In their 2L year, Dylan West (Choctaw) and Blair Tarman (Chickasaw) assisted Professor Stacy Leeds (Cherokee) on the Cherokee Nation’s amicus brief.  Read the amicus brief on behalf of Cherokee here. Professor Leeds was the Salt River Pima-Maricopa Indian Community distinguished visiting Indian Law professor at ASU Law during Fall 2019 semester and taught Federal Indian law. 

In his interview with the Voice of America (VOA) News, Professor Robert Miller (Eastern Shawnee) stated, “The Court is upholding this 1832 treaty that the Creek Nation signed with the United States, and is holding the United States to those promises.” Watch full video here. Miller also presented, “McGirt v. Oklahoma: Understanding the Decision and its Implications for Indian Country” for the Oregon Historical Society. Watch Miller’s presentation  here.

Professor Larry Roberts (Oneida) said, “today’s decision is a significant win for the Muscogee (Creek) Nation and for Tribal Nations across the country. With the Muscogee (Creek) Nation facing opposition from the Trump Administration, this Court made clear that treaties mean something – that they are the supreme law of the land,” in his article for ASU’s American Indian Policy Institute blog. Read blog more here.

“This opinion was not given without opposition, nor does it bar Congress from breaking the treaties in the future,” said rising 2L Taylor Norman (Muscogee Creek). “What it does mean, however, is that rather than kneel to lazy reasoning or racist objection, the Supreme Court of the United States did not break any treaties today.” Read Norman’s full piece here

Joe Keene (’12) and Candace French (’17) recently published an article for Sacks Tierney P.A. summarizing the McGirt case. Read the article here.

The McGirt decision has sparked many conversations across Indian Country and to help bring further awareness and understanding, the Indian Legal Program is proud to host a case overview. “The most significant Indian Law case of the century: McGirt v. Oklahoma” webinar will be held on Thursday, July 23 at 1 p.m. PT.

  • Professor Larry Roberts (Oneida) – Moderator, Executive Director of the Indian Gaming and Tribal Self-Governance Program and Professor of Practice at the Sandra Day O’Connor College of Law 
  • Stacy Leeds (Cherokee) – Vice Chancellor for Economic Development, Dean Emeritus and Professor of Law at the University of Arkansas 
  • Professor Robert Miller (Eastern Shawnee) – Faculty Director, Rosette LLP American Indian Economic Development Program and Pedrick Distinguished Research Scholar at the Sandra Day O’Connor College of Law 
  • Jonodev Chaudhuri (Muscogee Creek Nation) – Ambassador, Muscogee Creek Nation, Partner, Quarles & Brady 
  • Derrick Beetso (’10) (Navajo) – General Counsel, National Congress of American Indian

This webinar is free and open to the public. We wish to acknowledge our co-sponsor NABA-AZ. The State Bar of Arizona does not approve CLE activities, however, this activity may qualify for up to 1.5 credit hours. Join us for this free insightful event. Register here.

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Job Opportunity – Temporary Law Clerk

Navajo Nation Judicial Branch
Crownpoint, New Mexico

Closing Date:  July 21, 2020 at 5:00 p.m

Under immediate supervision, performs work of moderate difficulty with responsibility to assist in various aspects of program operations; works under the guidance and direction of professional staff or assigned supervisor; conducts legal or case research for law clerk, justices or court staff; to assist law clerk in preparing cases for adjudication; to assist court clerk during oral arguments or hearings; and performs related duties as assigned. Prepares and assists law clerk with facts of the case and legal issues on appeal; Reviews files and pleadings on appeal; Drafts various court orders; Conducts legal research and verifies legal authority for law clerk and Justices; Analyzes case files to prepare bench memoranda; Recommends disposition of appeals; Performs miscellaneous office and clerical duties; 

Qualifications:
Education, Training and Experience: Bachelor’s degree and enrollment in an accredited college of law. Completion of federal Indian Law class, preferred.

See full job posting here.

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Prof. Miller interviewed on McGirt v. Oklahoma Supreme Court decision

Professor Robert J. Miller who teaches Federal Indian Law at ASU Law was interviewed by Voice of America – VOA regarding the recent McGirt v. Oklahoma Supreme Court decision. 

“The Court is upholding this 1832 treaty that the Creek Nation signed with the United States and is holding the United States to those promises.”

Watch the full interview here.

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Prof. Larry Roberts article on today’s McGirt v. Oklahoma Supreme Court decision

“Today’s decision is a significant win for the Muscogee (Creek) Nation and for Tribal Nations across the country. With the Muscogee (Creek) Nation facing opposition from the Trump Administration, this Court made clear that treaties mean something – that they are the supreme law of the land,” said Larry Roberts, ASU Law’s Indian Gaming and Tribal Self-Governance Executive Director.

Read the article on ASU’s American Indian Policy Institute’s blog here.

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Talking Stick Podcast

New episode on the #TalkingStick! “Protecting Tribal Lands and Sacred Places: Current Threats Across Indian Country.” Listen here.

Guests:
Cedric Cromwell, Chairman, Mashpee Wampanoag Tribe
Mark Fox, Chairman, Mandan, Hidatsa & Arikara Nation
Harold Fraizer, Chairman, Cheyenne River Sioux Tribe
Ned Norris, Jr., Chairman, Tohono O’odham Nation
Terry Rambler, Chairman, San Carlos Apache Tribe