Category Archives: Alumni

Job Opportunity – Navajo Superior Court Position

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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

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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

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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

Job Opportunity – Intergovernmental Affairs Liaison

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Rapid City, South Dakota

Job Summary:

This position will have both internal and external facing responsibilities to advance the mission of GPTCHB through excellence in regulatory tracking, policy, advocacy, outreach, technical assistance, research and related projects.  This position oversees the interactions of the GPTCHB with tribal, federal and state governments and agencies in addressing all issues affecting health care in the Great Plains Area, and will assist with efforts to advocate for Indian health.  This position will be responsible for tracking and responding to federal health policies and regulations as they impact Indian Country.  The Intergovernmental Affairs Liaison will establish and strengthen ties and relationships with tribal councils, chairpersons, officials, staff, and tribal members in the OHC Service Area. The incumbent must have a strong understanding of health care delivery, the federal trust relationship with Indian Tribes as well as the legal, policy and political frameworks impacting Direct Service and Self-Governing Tribes as well as compacting and contracting Tribes, and this position is expected to understand the intricacies of how tribal political bodies, including the Councils and their Committees, and the tribal executive branches work. 

EDUCATION/EXPERIENCE/CERTIFICATES/CREDENTIALS

  • Minimum education required is graduate or doctorate degree in Law, public policy/government, public administration or other relevant field; Juris Doctorate preferred.
  • A minimum of five (3) years’ of experience in the Indian health care delivery system working with American Indian/Alaska Native tribal governments with demonstrated experience with policy analysis and development, research, project management and community engagement, and federal policy advocacy, working with Congress and the Administration.
  • Demonstrated analytical skills.
  • Excellent verbal and written communication skills with the ability to be detail oriented. Computer and technical skills (including Word, PowerPoint, Excel, Outlook, etc.).
  • Experience that indicates the ability to interact effectively with leaders among American Indian communities, government agencies, scientific and academic communities, medical and health-related organizations, nongovernmental groups and the public at large is required.
  • Must successfully pass a criminal and background check, and a pre-employment drug screen.

Essential Functions:

Specific duties include, but are not limited to:

  • Develop and maintain strong relationships with key partners, networks, coalitions, organizations, and other GPTCHB partners critical to the achievement of the organization’s legislative agenda; convene and regularly communicate with an array of tribes and national, regional, and tribal organizations focused on a broad range of policy priorities.
  • Build relationships with Congressional and Administration contacts that are necessary to further the overall mission and responsibilities of GPTCHB, including interaction with tribal partners, federal partners, national and regional organization partners, constituent inquiries, and correspondence.
  • Attends meetings of groups and individuals affected by the GPTCHB programs and build positive partnerships.
  • Assist in development of strategies for GPTCHB discussions and negotiations with represented tribal governments to create mutually beneficial agreements and partnerships.

The GPTCHB is a tribal organization which follows tribal preference laws. It is our policy to give preference to qualified Indian/Tribal candidates overqualified non-native candidates in hiring decisions, if all other qualifications are equal.

See the full job description and apply here.

Job Opportunity – Associate Attorney

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Hobbs, Straus, Dean & Walker, LLP
Washington, D.C.

Hobbs, Straus, Dean & Walker, LLP, a national law firm with offices in Washington, DC, Portland, OR, Oklahoma City, OK, Sacramento, CA and Anchorage, AK is seeking an Associate Attorney for its Washington, DC office. Hobbs Straus specializes in Federal Indian Law and has worked for almost 40 years to realize positive change in Indian Country. Our attorneys are dedicated to promoting and defending tribal rights, expanding opportunities for tribes, and improving the lives of American Indians and Alaska Natives.

Qualifications for candidates include: (1) superior research and writing skills; (2) strong academic performance; (3) strong communication skills; and (4) a commitment to tribal representation. We are looking for candidates with 0-3 years of legal experience. Prior experience in the field of Federal Indian Law is strongly preferred.

To apply: Interested candidates should submit a cover letter, resume, law school transcript, and writing sample to Ms. Robin Branthover at rbranthover@hobbsstraus.com.

www.hobbsstraus.com

Job Opportunity – Associate Attorney

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Maier Pfeffer Kim Geary & Cohen LLP
Oakland, CA

Apply by: 07/11/2021, 11:30pm MST

Maier Pfeffer Kim Geary & Cohen LLP represents American Indian tribes and organizations. We provide comprehensive services to our tribal clients involving all aspects of tribal government and tribal rights, and provide services on such matters as governmental programs, policies and legislation, business development and financing, real estate and land use, business transactions, protection of Indian children, cultural resources and governmental affairs.

The firm’s partners have devoted their entire careers to the furtherance of Indian and tribal rights and their 150 years of collective experience representing California Indian tribes is highly valued by our clients. In addition to the partners, all of our associates are highly experienced, sophisticated attorneys. We believe in collegiality, mutual respect and maintaining a level of staffing that allows the firm to quickly provide needed services to our tribal clients who utilize us as general counsel for their governmental and commercial entities while at the same time allowing us to maintain a healthy work-life balance. This is an excellent opportunity for an attorney seeking professional growth and stable employment in a practice that will fully utilize their training, knowledge and experience in federal Indian and tribal law.

We are seeking an attorney with experience in representing tribal interests.

Minimum qualifications include:

  • Juris Doctorate degree from an ABA accredited law school;
  • Status as an active member in good standing of the bar of CA or willing to sit for the next CA bar exam;
  • Ability to relocate to the San Francisco Bay Area;
  • Two or more years experience working with Indian tribes or tribal entities;
  • Proven skills in effectively communicating with tribal clients, opposing counsel, and federal/state/local agencies:
  • Excellent analytical, research, and writing abilities;
  • Experience drafting transactional and governmental documents; and
  • Ability to work well independently and as a member of a team.

Duties and Responsibilities include all the duties that typically are required of tribal attorneys

We offer very competitive compensation and full benefits

Interested candidates should send their resumes to: hiring@jmandmplaw.com

Michael Pfeffer
Partner
mpfeffer@jmandmplaw.com
510-919-8503
1970 Broadway Suite 825, Oakland – CA, United States (USA), 94612

Job Opportunity – Purchased/Referred Care (PRC) Manager

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Ak-Chin Indian Community  

Title: Purchased/Referred Care (PRC) Manager

Closing date: 05/19/21 11:59 PM Arizona Time

Under the direct supervision of the Ak-Chin Indian Community Council, the Purchased/Referred Care (PRC) Manager is responsible for the oversight and administration of the PRC program which includes supervision of staff, budget development and accountability, and advocate for all eligible program users.

Examples of duties:

  • Responsible for all PRC program operations, functions and services guided by an adherence to program policies and procedures and manages the program that meet the Ak-Chin Indian Community mission, vision and values.
  • Provides supervision and guidance to all PRC staff including scheduling, performance management, and providing training and opportunities for professional growth.
  • Prepares programmatic, fiscal, and statistical reports and data as requested.
  • Works collaboratively with Tribal leadership and other Tribal/Community entities.
  • Assists with determining provider agreement rates for PRC outpatient and inpatient services.
  • Ensures the processing of Medicare-Like rates for appropriate claims.
  • Develops the annual budget and closely monitors expenditures, variances and high cost/chronic care case management.
  • Provides guidance on day-to-day services including eligibility determination, maintaining billing and payment records, authorizing services, claims processing and identifying alternate resources.
  • Prepares CHEF claims in coordination with the PRC Specialist.
  • Ensures an office culture of respect, enthusiasm to assist program recipients, teamwork and positive attitudes; effectively and efficiently addresses staff and program recipient issues.
  • Maintains strict confidentiality, meets HIPAA compliance and IHS regulatory requirements as well as all other tribal, state or federal applicable regulations.
  • Performs other duties as assigned.
See full job description and apply here.

Job Opportunity – Attorney-Advisor

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DEPARTMENT OF HOMELAND SECURITY
DHS Headquarters
Office of the General Counsel

Open & Closing dates
05/17/2021 to 05/16/2022

Location
Washington, DC

Summary
This position is located in the Department of Homeland Security (DHS), Office of the General Counsel (OGC), Regulatory Affairs Division (RLD), and reports to the Associate General Counsel or Deputy Associate General Counsel. The primary purpose of this position is to support the management and development of the Department’s regulatory actions and by providing legal counsel on DHS and component regulatory matters.

Responsibilities
• Review DHS and component regulatory actions for compliance with the Administrative Procedure Act, the Regulatory Flexibility Act, Executive Orders 12866 and 13563, and related statutes and Executive Orders.
• Ensure that DHS and component regulatory actions are consistent with Departmental policies and procedures.
• Provide written and oral advice to DHS senior leadership on legal issues regarding regulatory actions and initiatives. Etc…

Basic requirements
GS-13:

  1. The first professional law degree (LL.B. or JD); or
  2. The second professional law degree (LL.M.) AND
  3. Specialized professional legal experience in excess of two years that is commensurate with the duties and responsibilities of the position or two years of judicial clerkship.

GS-14 or GS-15:

  1. The first professional law degree (LL.B. or JD); or
  2. The second professional law degree (LL.M.) AND
  3. 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
USAJOBS – Job Announcement

Agency contact info
Lori Pollacci
Phone
2023578668
Email
lori.pollacci@hq.dhs.gov

Job Opportunity – RFP for Outside Legal Counsel Services

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Diné Development Corporation—RFP for Outside Legal Counsel Services

Diné Development Corporation (“DDC”), a corporation wholly owned by the Navajo Nation, is seeking proposals for outside counsel services to serve as general and special counsel to DDC and its subsidiaries. DDC’s headquarters are located in Scottsdale, Arizona.  DDC owns several subsidiaries that conduct federal contracting business in the areas of information technology and environmental services. DDC is soliciting responses for some or all of scope of legal services described in the “Scope of Legal Services” section of the Request for Proposals (RFP). A copy of the RFP can be obtained by emailing Kyla.Dubberstein@KutakRock.com.   The deadline for proposals is 12:00pm on June 1, 2021.  

Job Opportunity

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RFOLD currently has one open position and is seeking applications by COB Monday May 17, 2021. Interested applicants should send a resume and a cover letter stating why you are interested in the position and why you believe you should be selected to Keith Weiner at Keith.Weiner@fema.dhs.gov with a copy to Cynthia Morrison at Cynthia.Morrison@fema.dhs.gov. The duty station for this position is Washington, D.C., however, due to the unique nature of RFOLD, other FEMA fixed facilities may be considered. The DACC for FO-Central will report to Mr. Keith Weiner, Associate Chief Counsel for RFOLD.

(1) IC-15 CORE Deputy Associate Chief Counsel, Field Operations (Central)

The Regional and Field Operations Legal Division (RFOLD) is seeking an extremely organized, competent, personable, and collaborative person to be the next Deputy Associate Chief Counsel for Field Operations – Central (DACC for FO-Central). The DACC for FO-Central will be the first level supervisor to approximately eight Deployable Field Counsel (DFC) attorneys and act as primary POC for the provision of field legal services to about a third of FEMA’s regions. Along with the other DACCs-FO and the OCC Cadre Coordinator, the DACC-FO Central will manage the deployment of our 95-strong cadre to disasters throughout the Nation and its territories.

FEMA’s Deployable Field Counsel team serve as the on-scene, attorneys who deploy to the Joint Field Offices across the Nation from Guam to the United States Virgin Islands. The DFC serve as the principal legal advisors to the Federal Coordinating Officers (FCOs) and field staff. Issues frequently involve complex Public Assistance projects, Individual Assistance, and Hazard Mitigation issues; reviewing documents and correspondence related to major and emergency disaster declarations; reviewing procurement/contracting matters; collaborating with headquarters counsel with respect to personnel law issues; working with headquarters litigators regarding litigation; and serving as an ethics official. The legal issues faced by the DFCs in the field are broad, and include nearly every agency program and operational function. As one of the leaders of this team, the DACC for FO-Central position is faced with unique challenges that are not faced by most OCC supervisors. You must lead and help your team to succeed in an often high stress environment and, yet, rarely have in-person contact.

Candidates must have at least five years of legal experience including at least four years of specialized experience that is directly related to the position being filled.  At least two of the four years of specialized experience must be at a level of difficulty and responsibility equivalent to that of an attorney at the GS-14 level.  This is a CORE position.