Author Archives: dwilliams

Tribal Nations and Abortion Access: A Path Forward

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These Indian Law Scholars joined forces and co-authored an article “Tribal Nations and Abortion Access: A Path Forward,” forthcoming in the Harvard Journal of Law and Gender. Currently available on the SSRN. This article outlines the legal realities of providing abortion care in Indian country, particularly in the context of avoiding state prohibitions. Abortion care is a fundamental human right of Indigenous people. The ability to safely end a pregnancy is consistent with Tribal conceptions of autonomy, privacy, and individual self-determination.

  • Professor Lauren van Schilfgaarde, UCLA School of Law
  • Professor Aila Hoss, Indiana University Robert H. McKinney School of Law
  • Professor Ann E. Tweedy, University of South Dakota School of Law
  • Professor Sarah Deer, The University of Kansas
  • Professor Stacy Leeds, Sandra Day O’Connor College of Law

Job Opportunities: DOJ

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DOJ Office for Victims of Crime, Tribal Division – Supervisory Grants Management Specialist

DOJ Access to Justice – Pro Bono Program Counsel

DOJ Access to Justice – Attorney Advisor

ILP presents at ASU’s INSPIRE

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Last month, the ILP partnered with ASU’s Office of American Indian Initiatives for its annual INSPIRE program, which provides high school students from tribal nations in Arizona the opportunity to participate in a week-long college readiness program as well as explore various academic focus areas. During the week, students develop academic and personal success strategies through culturally-relevant learning opportunities alongside ASU’s Native staff and faculty. Students participating in the program have the opportunity to join learning communities where they receive instruction in a variety of areas.


We were happy to welcome over 100 Native American high school students to ASU Law. ILP Executive Director Kate Rosier gave a presentation on the history of Indian law and the opportunities available to students who pursue a law degree. Students did a great job in creating their points and delivering their arguments during mock trial exercises. 

Throughout the week, Native Vote Fellow Torey Dolan (’19) and Kris Beecher (’20) taught a Law & Policy class at ASU’s Tempe campus. With 15 students in the Law & Policy learning community, Dolan and Beecher taught the students some of the foundations of Federal Indian Law, discussed the history of American Indian Policy, Tribal Law, and about modern Native political movements.

“It was a privilege to be able to spend time with the INSPIRE students and teach them about law and policy,” Dolan said. “I was inspired by their sense of Justice and their knowledge of their own Tribes’ histories and cultures. They came to class knowing a lot and expressed their own visions of how law and policy should be. Their future is bright, and the future of Indian Country is brighter because of them.”

Beecher, who is an attorney at Dickinson Wright stated, “The students’ questions and answers about the law were very insightful and I am excited to see all the things they will accomplish as the next generation of Native American leaders.”

Students ended the week with a showcase where they demonstrated what they learned through posters, poems, and presentations.

We appreciate the Office of American Indian Initiatives for continuing this treasured experience.

Programs host event at ASU’s California Center

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On June 23, the Indian Gaming and Tribal Self-Governance programs traveled to ASU’s California Center in downtown Los Angeles to present “Indian Law and Policy Now.” The community education event was held in the Yuhaaviatam of San Manuel Event Center and co-hosted by the programs and the Academy for Justice. We were delighted that Business Council Member at-large Laurena Bolden, of the San Manuel Band of Mission Indians, was able to provide opening remarks and a blessing to begin the event.

The morning session was hosted by ASU Law Director Derrick Beetso (’10) who presented on the “Foundations of Federal Indian Law and Policy” to help set the stage for the day’s discussion. This was followed by a dynamic panel, VAWA 2022: How We Got Here & Where We Came From. The panel was moderated by Academy for Justice Founder and FacultyDirector Erik Luna and panelists included Stacy Leeds , ASU’s Law’s Foundation Professor of Law and Leadership; Lauren Van Schilfgaarde, UCLA’s San Manuel Band of Mission Indians Tribal Legal Development Clinic director; and Esther Labrado, attorney at Drummond Woodsum. 

This fascinating discussion tracked the history leading up to the historic tribal provisions in the 2013 Reauthorization of VAWA and the more recent expansions of those key provisions in the 2022 Reauthorization of VAWA which were passed and signed into law earlier this year.

The afternoon session closed with Director Beetso and two ILP Salt River Scholars, Noah Goldenberg (3L) and Sophie Staires (2L), summarizing recent proposals by the Bureau of Indian Affairs (BIA) affecting Indian lands and tribal gaming compacts. The BIA has hosted a series of consultations on these proposals and solicited comments from Indian tribes on a number of specific questions. Beetso, Goldenberg, and Staires provided important context for the recent actions, explained the consultation process, and provided broad responses and thoughts to many of the questions proposed by the BIA. 

This event was made possible with the generous support of the San Manuel Band of Mission Indians, the Mohegan Tribe, the Shakopee Mdewakanton Sioux Community, and others.  

The Aftermath of Castro-Huerta

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On July 7, ASU Law’s Indian Legal Program and Indian Gaming and Tribal Self-Governance programs hosted a virtual event – Oklahoma v. Castro-Huerta: Rebalancing Federal-State-Tribal Power. 

Oklahoma v. Castro-Huerta is the most recent federal Indian law case decided by the U.S. Supreme Court and held that states share concurrent jurisdiction with the federal government in prosecuting crimes committed by non-Indians against Indian victims in Indian country. The majority decision, authored by Justice Brett Kavanaugh, departs significantly from earlier principles and precedent in this area and the panel discussed their thoughts on what this decision means on the ground for Indian tribes. 

The event was moderated by Derrick Beetso (’10), Indian Gaming and Tribal Self-Governance Director, and included a fantastic lineup of Native leaders in academia: Kevin Washburn, Dean of Iowa Law School; Professor Stacy Leeds, ASU’s Foundation Professor of Law and Leadership; and Professor Robert Miller, ASU’s Willard H. Pedrick Distinguished Research Scholar and ASU Faculty Director of the Rosette LLP American Indian Economic Development Program.

The ILP and the Indian Gaming and Tribal Self-Governance programs thank each of our panelists for their time and for sharing their views on this case, and we thank all those who tuned in to listen to this discussion. If you missed the webinar, you may watch the recording. 

On this topic, our expert faculty contributed to the national conversation happening in the media.

“Wednesday’s decision removes the jurisdictional boundaries of tribal sovereignty that have kept state and local police from entering tribal lands in some cases,” said Leeds to NBC News. Leeds’ legal expertise was also featured in KOSU, Reuters,Bloomberg Law and U.S. News & World Report.

“It will have an impact in Indian Country, so only the future will tell us if it’s good or not,” said Miller in an Associated Press news article. Miller also spoke to the Arizona Republic, saying: “Supreme Court rulings could weaken tribal jurisdiction and sovereignty.”

“Through this opinion, Kavanaugh rallied his cavalry of five to perform the modern version of slashing and burning peaceful Native communities and their resources and provisions to the ground,” Beetso wrote in his Indianz.com op-ed, “SCOTUS’ Decision in Oklahoma v. Castro-Huerta Departs Wildly from U.S. Constitution.”

Job Opportunity: Senior Court Solicitor

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Salt River Pima-Maricopa Indian Community (SRPMIC) Court
Scottsdale, AZ

  • Full-Time – $122,312.00 – $177,352.00 Annually
  • Category: Court Administration / Legal / Community and Social Services / Office and Administrative Support
  • Department: Tribal Court

Under the administrative supervision from the Court Administrator, provides legal review and advice to Salt River Pima-Maricopa Indian Community (SRPMIC) Court. Through legal expertise with the Indian law and general principles of the law, provides research for the Court Judges, working to assist the Judges in resolving legal issues as they arise. Ensures that Community’s Constitution and applicable laws are followed, and that due process principles are applied to ensure the fair and reasonable administration of justice of the matters pending before the Court. Assists with the professional development of Court Staff and Judges by organizing training activities and collecting and distributing information on federal Indian Law and tribal law developments and best practices in tribal justice systems. This job class is treated as FLSA Exempt and may be required to work evenings, weekends, and non-standard work schedule. 

Minimum Qualifications

  • Education & Experience:  A Juris Doctorate degree from an accredited law school, with a minimum of seven years attorney experience, with three of the seven years practicing before or working in a tribal, state or federal court setting.   
    1. Demonstrated experience in federal Indian law is required.  
    2. Preference given to candidates with prior judicial experience, either as Judge or Judicial Clerk, in a legal capacity. 
    3. Must attend a minimum of 15 hours annual continuing legal education as related to job and approved by supervisor.  
  • Equivalency – Any equivalent combination of training and experience that would enable the candidate to satisfactorily perform and meet the duties and responsibilities required may be considered in meeting the stated minimum qualifications. 
  • Underfill Eligibility: An enrolled Community Member whom closely qualifies for the minimum qualifications for a position may be considered for employment under SRPMIC Policy 2-19, Underfill.

For application and full job description, go to SRPMIC job announcement.

Job Announcement: Visiting Assistant Professor

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Washburn University
Topeka, Kansas
Posting #2770622

Washburn University School of Law invites applications for a full-time visiting faculty position teaching Legal Writing beginning in the 2022-2023 academic year. This is a 9-month visiting position, although the position has a possibility of renewal contingent on the need for services and the availability of funding. In addition, Washburn may have a tenure-track legal writing appointment available after the 2022-2023 academic year depending on budget and curricular needs. If a tenure-track position is approved for the 2023-2024 academic year and beyond, the law school will conduct a national search and the visiting faculty member will be welcome to apply for the position.

We seek candidates whose performance to date has demonstrated effectiveness in teaching, scholarship, and service or the potential for achievement in each of these job functions. Application materials should clearly articulate the candidate’s record of work supporting diversity, equity, inclusion and belonging and state how the candidate will contribute to Washburn University’s commitment to diversity and inclusion.

Washburn University is a teaching-focused, student-centered, public institution. The Washburn campus is located in the heart of Topeka, Kansas, blocks from the historic state capitol. Topeka features affordable housing; beautiful, historic neighborhoods filled with well-maintained parks; and a nationally recognized public library. It is also the home of the Brown v. Board of Education National Historical Site.

Washburn is dedicated to recruiting and retaining a diverse faculty, staff, and student body and cultivating a vibrant and inclusive working environment and curriculum. We offer competitive wages, an excellent benefits program, a supportive leadership team, and a healthy work/life balance. At Washburn, we strive to ensure a campus climate that supports the success of every employee and appreciates the unique skills and expertise each contributes to serving our students.

The ideal candidate will have law school teaching experience, but entry-level candidates will be considered.

Required Qualifications:

  • JD degree from an ABA-approved law school
  • Demonstrated commitment to developing inclusive teaching practices that engage students from diverse backgrounds.

Preferred Qualifications:

  • Training or experience in teaching first-year legal research and writing (LRW) courses
  • Record of published legal scholarship and/or demonstrated potential for such scholarship

Responsibilities:
Fulfill teaching expectations associated with a visiting assistant professor appointment as outlined in the faculty handbook. Teach a full workload of two first-year legal writing courses (6 credit hours per semester).

This visitor will fulfill service expectations by engaging in service activities in the department, university, and profession.

To apply, see website.

ILC: 2022 Year in Review

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This year, Professor Helen E. Burtis (’07) helmed the Indian Legal Clinic while Professor Patty Ferguson-Bohnee  sharpened her focus on other projects on sabbatical. During the academic year, eleven student attorneys worked over 3600 hours handling 22 cases covering a variety of subjects and venues, including tribal, state, and federal courts. Some of the accomplishments that students realized on behalf of their clients included assisting an elder to officially enroll in her tribe after a lifetime of paperwork complications, creating bylaws for a nonprofit funding youth in the arts, and successfully starting or concluding several appointments of personal representatives in probate cases. Students also researched and recommended options to protect tribal land, to recover expenses for services not performed, and to recover debts. 

This was the first year students were able to appear in tribal courts for criminal cases since the start of the pandemic. While still not at full capacity, seven student attorneys made appearances in tribal courts for both prosecution and defense. For many students, this was their first appearance in court. 

The ILC also expanded services for Indian Wills Clinics, forging new partnerships with two tribes while continuing two existing partnerships. In September 2021, 3L student attorneys Jacob Broussard, Liliana Elliot, Lindsay Ficklin, Zaine Ristau and Dwight Witherspoon and Professor Burtis traveled to Winterhaven, California for the third Wills Clinic for the Quechan Indian Tribe and in October, the same team also provided the third Wills Clinic for the Pechanga Band of Luiseño Indians in Temecula, California. 

In February 2022, clinic students Gwendolyn Bell (2L), Ryan Maxey (2L), Lena Neuner (2L), Claire Newfeld (2L), Ravynn Nothstine (2L) and David Streamer (3L) and Professor Burtis traveled to Santa Rosa Rancheria, California for the first Wills Clinic for the Tachi Yokut Tribe. 

In March, this team remotely provided another first Wills Clinic from ASU Law to the Mashantucket Pequot Tribal Nation in Connecticut. 

Overall, student attorneys created estate planning documents including wills, healthcare powers of attorney, and financial powers of attorney for 45 tribal clients during these Wills Clinics.

The ILC Team, including Native Vote Fellows Torey Dolan (’19) and Blair Tarman-Toner (’21) and Professor Ferguson-Bohnee, continues to work with tribes to protect tribal land and resources, uphold tribal sovereignty, advocate for cultural protections, support voting rights, and assist with status clarification of Tribes. Notably, Ferguson-Bohnee successfully argued and won a case before the Ninth Circuit Court of Appeals that found “intratribal disputes are generally nonjusticiable in federal courts.”

Tarman-Toner presented to the National Congress of American Indians’ Federal Recognition Task Force. Her presentation provided updates on Tribes seeking to gain federal recognition through legislative, judicial, and administrative avenues. 

____
Honore Callingham (’18)
Law Fellow, Indian Legal Clinic, ASU Law

Danielle Williams
Program Coordinator Sr, Indian Legal Program, ASU Law

Job Opportunity: Deputy General Counsel

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The Hopi Tribe
Office of General Counsel

The Deputy General Counsel provides professional legal counsel and representation to the Hopi Tribal government – including the legislative and executive branches of the Hopi Tribe, the administrative departments, offices and programs. The Deputy General Counsel performs highly professional and advisory work involving considerable depth of knowledge and analytical/organizational skills in a broad range of subject areas of the law, and exercises broad and independent judgment in providing legal advice on any political/legal dimension and its effects on Tribal entities. The Hopi Tribal Council sets the overall objectives and priorities of the Office of General Counsel. The General Counsel establishes the duties and responsibilities of the Deputy General Counsel pursuant to these priorities and the priorities of the Executive Branch. . The Deputy, in consultation with the General Counsel develops deadlines for work to be accomplished. The Deputy General Counsel, having years of experience in the legal field is responsible for planning and carrying out all assignments and resolving conflicts as they arise. Work is reviewed from the overall standpoint of meeting identified requirements and achieving expected results.

Minimum Qualifications

  1. Required Education, Training and Experience:
    Education: Juris Doctorate degree or equivalent from an accredited law school and admission to at least one state bar. Deputy General Counsel must be a member of the Arizona State Bar in good standing OR must take and pass the Arizona State Bar Exam not later than one and a half years after appointment to position unless otherwise determined by the General Counsel;
    AND
    Experience: Six (6) years of responsible legal experience in Indian law, which includes trial practice, government and municipal law, civil rights, land use, corporate and business law, gaming law, real estate law, tax law, and civil legal services.
  2. Required Knowledge, Skills and Abilities:
    Knowledge: Must have knowledge of judicial procedures and rules of evidence; available legal resource information and legal research techniques; local, state and federal court practices and procedures; business law, gaming law and administrative practices which effect the operation of tribal entities.

    Skills: Must have skill in effective techniques in the presentation of cases in court, effect legal writing, and effective oral communication in a wide range of settings.

    Abilities: Must have ability to effectively plan, organize, and execute legal assignments; to be diplomatic and use discriminating judgment in legal matters effecting tribal issues; to analyze and appraise a variety of legal documents and instruments; to present oral and written material clearly, logically, and persuasively; to work within the overall tribal policies, goals, and budget limits; to effectively negotiate grants/contracts, leases, etc.

For full job description and application information, go to: The Hopi Tribe Job Listing