ILP alumni make moves to D.C.

Two ILP female alumni recently assumed critical roles in Washington, D.C. As of three months ago, Breann Swann Nu’uhiwa (LLM ’09) began serving as senior counsel for the U.S. Senate Committee on Indian Affairs under the leadership of Senator Brian Schatz of Hawai’i. Stephanie Sfiridis (’16) serves as the senior counselor to the newly confirmed Assistant Secretary of Indian Affairs Bryan Newland. From their experience, these duty-bound attorneys are attuned to the vision of their offices and the leadership who serve Indian Country. Ladies, congratulations on this amazing opportunity!

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

Indian Law Representation

In the Arizona Attorney Magazine

In the recent edition of the Arizona Attorney Magazine, you’ll see the Special Focus on Indian Law that includes publications by our ILP family.

ILP advisory council member Judith M. Dworkin, Joe Keene (’12) and Candace French (’17) published an article “An Opportunity Arises: Prop 207 and Arizona Tribes’ New Beginnings for Marijuana Legalization.” 

Ed Hermes (’13) co-authored an article “Arizona—Tribal 2021 Gaming Compact Amendments: What you need to know” with Heidi McNeil Staudenmaier.

Glennas’ba Augborne (’16) and April Olson (’06) published an article “Bent, But Not Broken—ICWA Stands: A Summary of Brackeen v. Haaland.”

Simon Goldenberg (’17) and Hermes joined the Bar Leadership Institute of the State Bar of Arizona Bar.

In this collection, our ILP family, who reflect on history and what our ancestors endured, have a stronghold of treating knowledge as a community endeavor, something to be protected and shaped by Indian legal advocacy work. We are proud of the goodwill work that they produce and their committed service to Indian Country.

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

Job Opportunity – Associate Attorney

Rothstein Donatelli
Tempe, AZ

Summary:
Rothstein Donatelli has offices in Santa Fe and Albuquerque, New Mexico, as well as in Tempe, Arizona where we specialize in federal Indian law, including gaming, economic development, Indian Child Welfare Act, Indian health law, labor and employment law, civil litigation, and transactional matters. Rothstein Donatelli is committed to advancing the sovereign rights of Native American tribes.

Requirements:
Rothstein Donatelli is interested in an attorney with two or more years of experience with a demonstrated commitment to the highest quality of legal practice. The ideal candidate will have excellent research and writing skills and experience working with tribal communities. Familiarity with Indian law is preferred.

For more information:
www.rothsteinlaw.com

Interested candidates should send a cover letter, resume, references, and writing sample to Firm Administrator Manya Snyder at info@rothsteinlaw.com.

Job Opportunity – Full-time Staff Attorney

Location:
Alaska Legal Services Corporation (“ALSC”),
The Bethel ICWA attorney will be serving clients in cases primarily heard in Bethel, Alaska courts, serving clients in the YukonKuskokwim Delta.

Summary:
Alaska Legal Services Corporation (“ALSC”) is seeking a full-time staff attorney to provide legal services to Association of Village Council Presidents (“AVCP”) member Tribes and tribal members. This position primarily involves representation of tribal clients in state child welfare proceedings and enforcing the Indian Child Welfare Act, and may also involve litigating other Native law matters on behalf of AVCP Tribes and tribal members.

To learn detailed information about this position please contact:
Pearl Pickett
Native Law Supervising Attorney
ppickett@alsc-law.org
907-222-4523
1016 W 6th Ave, Suite 200, Anchorage – AK, United States (USA), 99501

Interested applicants can send the needed documents to:
Resume (Required)
Cover Letter (Required)
Transcript (Optional)
Writing Sample (Required)
References (Required)
Other (Optional)
Send to: ppickett@alsc-law.org

Job Opportunity – Associate Attorney -Sacks Tierney PA

Location:
Scottsdale, AZ

Summary:
For over 60 years, Sacks Tierney has distinguished itself through cause-related volunteerism and legal involvement in local and national issues; offering litigation services and experience competitive with much larger firms; and pioneering expertise in legal areas of special value to Arizona clients.

Requirements: Sacks Tierney is currently seeking a mid-level associate with 2-4 years of experience to join our Indian Law practice. Applicants must have excellent research, analytical, and writing skills.  In addition, the successful candidate must have strong academic credentials, and must be licensed to practice in Arizona.

Qualified applicants should submit a cover letter, resume, law school transcript and a writing sample to Laura Nance by email at laura.nance@sackstierney.com.

Job Opportunity – Attorney-Advisor (General)

DEPARTMENT OF HOMELAND SECURITY
DHS Headquarters
Office of the General Counsel

Location:
Washington, DC

Summary:
This position is located in the Department of Homeland Security (DHS), Office of the General Counsel (OGC), Technology Programs Law Division (TPD).
The primary purpose of this position is to provide legal advice for Government contracts, inter-agency acquisitions, and grants/cooperative agreements entered into by DHS’s Science and Technology Directorate (“S&T”) in the areas of research, development, test, and evaluation (“RDT&E”).

Responsibilities:
As an Attorney-Advisor (General) GS 0905 14/15, your typical work assignments may include the following:
• Provide legal advice to contracting officers, program managers, and senior officials concerning the laws applicable to all phases of the research and development contracting process, including acquisition planning, solicitation and award, contract administration, and the resolution of bid protests/disputes.
• Provide legal advice in the development and negotiation of innovative and R&D centric solicitation and award instruments (e.g., Other Transaction Agreements with consortia, contracts under S&T’s Small Business Innovation Research Program, and Partnership Intermediary Agreements).
• Provide legal advice to grants officers, program managers, and senior officials concerning the laws applicable to all phases of the research and development grants/cooperative agreements process, including solicitation and award, administration, and the resolution of disputes.

Basic Requirements:
You as an applicant must be an active member in good standing of the bar of a State, U.S. Commonwealth, U.S. territory, the District of Columbia, or the Commonwealth of Puerto Rico, and be a graduate of a law school accredited by the American Bar Association; and


GS-14 or GS-15:

  • The first professional law degree (LL.B. or JD); or
  • The second professional law degree (LL.M.) AND
  • Specialized professional legal experience in excess of three (3) years that is commensurate with the duties and responsibilities of the position. The quality of the individual’s background may be evidenced by the relatedness of his or her specialization.

To see full job description, click on the link below:
https://www.usajobs.gov/GetJob/PrintPreview/608852500

Job Opportunity – Navajo Superior Court Position

The Office of the Governor will review applications and interview selected applicants for the vacancy, and Governor Doug Ducey will appoint the new judge pursuant to Article VI, Section 12 of the Arizona Constitution.

Requirements: Applicants must be at least 30 years of age and less than 65 years of age, of good moral character, admitted to the practice of law in Arizona, a resident of Arizona for the past five years, and a resident of Navajo County for the past year pursuant to Article VI, Sections 22 and 37 of the Arizona Constitution

The judicial application form can be downloaded online at the Office of the Governor’s website: https://azgovernor.gov/judges.

McGirt v. Oklahoma Supreme Court Decision: Treaties Upheld

On July 9, 2020, 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: 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. 

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. 

From this monumental and victorious decision, people of the ILP quickly took action and poured their energy into their work.

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) (Osage) and Candace French (’17) (Wichita and Affiliated Tribes) recently published an article for Sacks Tierney P.A. summarizing the McGirt case. Read the article here.

The McGirt decision sparked many conversations across Indian Country and to help bring further awareness and understanding, the Indian Legal Program hosted a case overview. “The most significant Indian Law case of the century: McGirt v. Oklahoma” webinar was held on Thursday, July 23.

  • 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

In November, 1L Ashleigh Fixico (Muscogee Creek Nation) presented on a panel “We Hold the Government to Its Word: A Conversation about McGirt v. Oklahoma.” 

Since the McGirt decision, ILP’s Federal Indian law experts Professor Leeds and Professor Miller have been called for consultation. 

Three weeks after the McGirt decision, Leeds was appointed a judge for the Muscogee (Creek) Nation—the tribe whose boundaries were affirmed in the decision—and continues to hear cases there throughout the year. She also published two articles about the McGirt decision, one dealing with Supreme Court trends and one dealing with Indian taxation.

Professor Miller who not only published his articles, also presented multiple times. Review the full list of his participation here.

This opinion was released during great strife due to the COVID-19 pandemic and continuing racial injustice, but it has brought renewed hope that in this modern era of self-determination for Indian Country the courts will continue to vindicate the rights our ancestors thoughtfully secured for us.  

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Torey Dolan (’19)
Native Vote Fellow, Indian Legal Clinic, ASU Law

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

Make learning Indian Gaming Law fun

This semester, Professor Larry Roberts brought game to his Indian Gaming Law class! In a public health crisis, students turned on their webcams and tuned into class at 3:45 p.m. every Tuesday to learn about Indian Gaming Law from Professor Roberts, who tuned in from Washington, D.C. The class examined the historical background behind Indian gaming and the modern legal regime that governs the development of gaming enterprises in Indian country.

To make it interesting and get the students excited about learning, Professor Roberts challenged his class to Jeopardy and Family Feud. Student teams applied their knowledge and reviewed Indian gaming regulatory history while playing Jeopardy and a fast game of Family Feud. 

Jeopardy was neck and neck until the very end. Team 1’s Peter Furlow (2L) and Team 2’s Zaine Ristau (2L) faced off in final jeopardy. Team 1 won Jeopardy by the narrowest of margins: one dollar. Pro tip for those who haven’t played Indian Gaming Jeopardy: if you don’t know the answer, go with “What is the Secretary of the Interior?”

The class ran through two lightening rounds of Family Feud, reviewing the components of HR 1920 and dissenting views of HR 1920; the game ended in a tie. But the class wasn’t all games, they continued on to discuss the Indian Gaming Regulatory Act and its legislative history.

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Theresa Beaulieu
Program Coordinator, Indian Legal Program, ASU Law

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