Johnson v. M’Intosh

Posted on March 31, 2023 by dwilliams

International conference was a success

On March 10, the ILP hosted a virtual event “Unraveling the International Law of Colonialism: The 200th Anniversary of Johnson v. M’Intosh.”

Johnson v. M’Intosh is an 1823 U.S. Supreme Court case that used the Doctrine of Discovery to justify denying Native Americans and Indigenous Peoples’ legal rights to their ancestral lands. We had eight Indigenous speakers from South Africa, Norway, India, Canada, New Zealand, and the United States. Our other five speakers added immeasurably to the program. Professor Robert Miller presented and moderated the webinar with 12 speakers to discuss how the Doctrine of Discovery has impacted Indigenous nations and peoples all over theworld but most importantly how Indigenous peoples are fighting back to “unravel” this international law of colonialism.

We thank each of our esteemed speakers and staff for making this a great success. We couldn’t put on these kind of events without the great work of Kate, Theresa, Danielle and Lindsay. We had over 800 registrants and the recording is now available to everyone in the world.

If you missed the webinar, watch the recording.

An article “The International Law of Colonialism: Johnson v. M’Intosh and the Doctrine of Discovery Applied Worldwide” published by Professor Miller that includes a detailed timeline of the Supreme Court case.

Indian Legal Clinic Wills & Probate

Posted on March 24, 2023 by dwilliams

Student attorneys in the Indian Legal Clinic Wills & Probate class have been busy this semester bringing estate planning to Indian Country. During the spring semester, the students have visited the Pechanga Band of Indians in Temecula, California and the Mashantucket Pequot Tribal Nation in Mashantucket, Connecticut to conduct wills clinics for the citizens of those nations.

Students welcome the challenge of working with real clients, sometimes for the first time, in the supportive atmosphere provided by our tribal partners. “It was rewarding to apply my skills in interviewing and counseling clients to help a nervous client become comfortable sharing his estate wishes with me,” said Hannah Dunham (3L).

Altogether, the student attorneys drafted and helped clients execute a total of 55 wills and health care powers of attorney. Sukhleen Bal (3L) observed that taking the time to help a client work through their unresolved issues is key. “One of my clients thought she wouldn’t be able to make certain critical decisions, but I was able to help her settle on what she wanted. She was very happy when she left with a completed will and health care power of attorney.”

The students finished up their semester with a wills clinic at the Gila River Indian Community on March 31 – April 1.

ILP alum talks about Violence Against Women Act (VAWA)

Posted on March 11, 2023 by dwilliams

On March 14, the ASU Native American Students Association (NALSA) and Women Law Students Association co-hosted VAWA: expanding tribal courts’ criminal jurisdiction. Diane Enos (’92) who serves as Deputy Defense Attorney for the Salt River Pima-Maricopa Indian Community discussed how the Violence Against Women Act (VAWA) and Tribal Law and Order Act (TLOA) came to be and the work she did for TLOA. She spoke on the 2022 Reauthorization of VAWA amendments and offered advice on how tribes can implement VAWA into their own tribal courts. She encouraged students to go out and gain experience to bring back to their communities and commended all the Native law students.

We appreciate you Honorable Enos for your commitment to VAWA and taking the time to share with ASU Law students.

Honorable Peterson Zah’s advocacy and leadership

Posted on March 10, 2023 by dwilliams

The late Honorable Peterson Zah was a dedicated leader to the Navajo Nation, ASU, the Indian Legal Program and all Native students. Zah was the First President and Last Chairman of the Navajo Nation. What many people do not realize is that Zah served as the Executive Director of the DNA People’s Legal Services for 14 years. Under Zah’s leadership several cases advancing tribal sovereignty went before the U.S. Supreme Court. In the early 1970s when Judge William C. Canby Jr. was teaching Indian Law at ASU and training talented Native students, Zah was fighting in the courts and seeing the need for Native attorneys. Zah worked with and hired some of ASU Law’s first Indian students taught by Judge Canby – Claudeen Bates Arthur (’74), Ben Hanley (’71), Louis Denetsosie (’74) and Herb Yazzie (’75) to name a few.

During Zah’s career he fought for education, helped raise funds for scholarships for Native students and encouraged students to go to law school. Zah was able to work with people at all levels of government to help his Nation. In 1995 Zah continued to use these skills at ASU to bridge the gap between Tribes and ASU. Zah personally helped secure the ASU Law/ Navajo Nation matching funds scholarship program to enable Navajo students to get an affordable legal education at ASU Law.

As a thank you for his service and his advocacy for tribes and tribal people, ASU Law honored President Peterson Zah in 2017 by announcing the naming of the “President Peterson Zah Active Learning Classroom.” The active learning classroom was selected for Zah because the room allows people to work together on projects and strategize to find solutions just as Zah did throughout his life. This room is located on the 3rd Floor of the Sandra Day O’Connor College of Law at ASU’s downtown Phoenix campus.

Honorable Peterson Zah’s advocacy, leadership and friendship will be missed but not forgotten.

ASU Indian Legal Clinic presents to NCAI Federal Recognition Taskforce

Posted on March 10, 2023 by dwilliams

On Feb. 21, the Indian Legal Clinic presented to the Federal Recognition Taskforce at the National Congress of American Indians Executive Winter Session. Professor Patty Ferguson-Bohnee presented on the status of petitions in the Federal Acknowledgment Process. Ashleigh Fixico (3L) presented on guidance for determining eligibility for organization under the Alaska Indian Reorganization Act issued by the Assistance Secretary – Indian Affairs. For more information, review the summary prepared by Fixico.

ASU teams go to National NALSA Moot Court

Posted on March 10, 2023 by dwilliams

Congratulations to the ASU Native American Law Students Association (NALSA) moot court teams for a great showing at the annual National NALSA moot court competition. Autumn Shone (3L), Ashleigh Fixico (3L), Noah Goldenberg (3L) and Clayton Kinsey (2L) represented us well.

Goldenberg and Kinsey won Best Brief and advanced to the top 16.

Thank you to our coaches Faculty Director Patty Ferguson-Bohnee, Native Vote Fellows Torey Dolan (’19) and Blair Tarman-Toner (’21) for helping them prepare. We also appreciate all of the faculty, alumni and friends for judging practice rounds to help prepare our teams.

While in Oklahoma the students networked with alumni and visited the First Americans Museum. This was a great weekend for ASU NALSA and ILP.

Wiring the Rez 2023

Posted on March 1, 2023 by dwilliams

Celebrating a legacy

Our Ninth Annual Tribal Government E-Commerce CLE Conference, Wiring the Rez was another smashing event!

“The attendance is a tribute to the value of the conference and the fabulous work that the ILP team – Kate Rosier, Theresa Beaulieu, Danielle Williams and Lindsay Stephens – performed to plan and put it on,” said Robert Miller, faculty director of the Rosette, LLP American Indian Economic Development Program. “Congratulations and a big thank you to all involved! I’m already looking forward to next year.”

Thank you to everyone who shared their stories and participated in the special tribute to beloved ILP alum Rob Rosette (’96). Rob founded the Rosette, LLP, American Indian Economic Development Program at ASU Law and created an endowment fund that has allowed the economic development program to launch a project with students researching and drafting a how-to manual for tribal governments to assist in the creation and development of private-sector economies on their reservations.

We appreciate all of our esteemed speakers and sponsors for making this a big success.