2023 Indian Gaming and Tribal Self-Governance program recap

Posted on June 5, 2023 by dwilliams

The mission of the Indian Gaming and Tribal Self-Governance programs (the Programs) at ASU Law is to equip professionals with a background in federal Indian law through meaningful learning experiences, career development and exploration. This year, 25 enrolled students actively engaged in focused curriculum in Indian Gaming, Tribal Self-Governance or Federal Indian Law or Tribal Policy, Law and Government taught by Director Derrick Beetso (’10), Professor Michael Hoenig, Professor Jay Spaan and Professor Paul Spruhan.

In August, to kick-off the academic semester, the Programs hosted the webinar “Indian Gaming in Texas: A Discussion About a Recent Supreme Court Victory.” Beetso joined attorneys Brant Martin, counsel for Ysleta Del Sur Pueblo, and Fred Petti, counsel for the Alabama-Coushatta Tribe of Texas, to discuss the recent 5-4 victory for the Ysleta Del Sur Pueblo in a pivotal gaming dispute with the State of Texas before the United States Supreme Court.

In October, Beetso taught the Indian Legal Program’s (ILP) traveling class Federal Advocacy for the Tribal Client in Washington, DC. The class, held over the fall semester break, introduced 17 students to how federal Indian policy is shaped, moved, and implemented inside the Beltway. Students visited key offices and federal officials during their week in D.C., and local practitioners were gracious enough with their time and stopped by ASU’s Barrett and O’Connor Washington Center to share some practice tips. The fast-paced week ended with an amazing conversation between the students and ASU ILP alumni working in D.C.

On Oct. 22, the Programs helped support the democracy and self-governance of the Navajo Nation by moderating a presidential candidate debate in the W. P. Carey Armstrong Great Hall between the two final candidates running for President of the Navajo Nation: then-President Jonathan Nez and current President Dr. Buu Nygren. Beetso moderated the proceedings while Diné students and staff announced the questions submitted by the public. Many Navajo citizens living in the Phoenix-area attended this event and appreciated the law school’s support for Navajo democracy.

For Indian Legal Clinic Director and Associate Dean of Inclusive Excellence, Patty Ferguson-Bohnee, Beetso, and several ILP students – Clayton Kinsey (2L), Maryam Salazar (2L), Natalia Sells (2L), and Chelsi Tsosie (2L) – the holiday season was synonymous with Indian water rights. Together, the team of Sun Devils filed an amicus brief on behalf of the Diné Hataałii Association in the U.S. Supreme Court case Arizona v. Navajo Nation. This effort required lots of research and writing in a short period of time, as well as visits to the Navajo Nation to discuss the case and the brief’s approach with the Diné Hataałii Association, Inc.

Beetso co-presented with Heather Whiteman Runs Him, director of the Tribal Justice Clinic at the University of Arizona, for a water rights discussion hosted by ASU’s Native American Law Student’s Association and the American Constitution Society that provided an overview of the Supreme Court case.

While teaching Indian Gaming iCourse, Faculty Associate Michael Hoenig was appointed as the new Vice President, Associate General Counsel – Gaming for San Manuel Band of Mission Indians.

“Indian Gaming law is a rather complicated subject,” said recent online MLS graduate Edward Morris (’23). “Professor Hoenig somehow made all of this make sense. Indian Gaming II continued an exploration of the subject matter began in Indian Gaming I. Whereas Indian Gaming I was more of a survey course, in Indian Gaming II we were able to get ‘into the weeds’ of the topic. Specifics of auditing requirements and management contractual issues featured but we also delved into environmental laws and even regulatory efforts related to human trafficking. Professor Hoenig was perhaps the most professional of any of the excellent professors I’ve had at ASU. His opinions never entered the equation. This definitely was a course of law, not politics. That’s important because gambling as a topic and as an industry is very controversial, and the course could have developed in a different way.”

During the spring semester, Beetso had the opportunity to teach his first full-time courses: Indian Gaming and Indian Law and Taxation. “The opportunity to teach these classes hopefully provided more targeted education for our students in these niche areas of practice,” said Beetso. “A strong understanding of Indian gaming law and tax law and policy as applied to Indian tribes can go a long way for future attorneys working on behalf of tribal governments.”

For 2L Maryam Salazar, she liked the hands-on, practical approach to learning. The class toured the Desert Diamond Casino, an enterprise owned by the Tohono O’odham Nation in Glendale, Arizona.

“Having the opportunity to ask the gaming staff our questions, from the executive director to the machine technical staff, was really cool,” said Salazar. “I don’t think I’d get an opportunity like that outside of this class and I really took a lot away from it. Learning more about sports betting was the most interesting part of the trip for me.”

Visiting law student Morgan Gray recounts her first day of Indian Gaming class. “I recall Professor Beetso taking the time to ask me about myself, my interests, and my desire to spend a semester visiting ASU,” said Gray. “This simple gesture may not seem extraordinary to those familiar with the Indian Legal Program, but to a visiting student like me it left a lasting impact. Since then, Professor Beetso has offered me helpful advice, words of encouragement, and initiated connections with other professionals in his network currently working on projects of interest to me. While my experience is in no way unique (given that he provides each of his students such guidance and support) it is simply a testament to his commitment to help support and guide the next generation of advocates committed to serving tribal communities. I consider myself fortunate to have had the opportunity to learn from an advocate and educator as passionate and dedicated to serving his community as Professor Beetso.”

Paul Spruhan, ASU Law’s Faculty Associate and Assistant Attorney General for the Navajo Nation Department of Justice, published his article “Tribal Labor and Employment Law: The Evolution of the Navajo Preference in Employment Act” in the Arizona Attorney Magazine. ASU online learners enrolled in his “Civil Jurisdiction in Indian Country” class, learned about what laws and regulations apply to civil conduct within Indian country. “I obtained perspective and an appreciation for the work he does for the Navajo,” said online MLS student Randy Bouchard. “His teaching method is incredibly engaging. He is a demonstrative lecturer, which leads to humor and engagement with the class.”

With a variety of offerings each year at ASU Law, the Programs offers both online or in-person curriculum. Every week leading up to her graduation, MLS student Mariam Valenzuela joined her online classes from Barrow, Alaska.

She enjoyed both classes – Tribal Self Governance I and Tribal Self Governance II – instructed by Faculty Associate Jay Spaan, Executive Director of the Self-Governance Communication & Education Tribal Consortium. “I appreciate being taught by a Native professor about Indian topics,” said Valenzuela. “Professor Spaan is responsive, easy to understand, and knowledgeable about initiating tribal self-governance. He provides a perspective that encourages self-governance for the betterment of tribes and looks beyond agency barriers for solutions. My experience in Professor Spaans class has been valuable. The material taught in the Indian Legal Program is so relevant to tribes today that I have already applied what I have learned within my community. Quyanaq (Thank you) ILP for offering a Tribal Self Governance course!”

Finally, the spring semester marked the inaugural Yuhaaviatam of San Manual Externship Program. This paid externship program was made possible by the generous support of the Yuhaaviatam of San Manuel Nation and is intended to provide Native law students the opportunity to seek their ideal externship placements without worrying about whether they will be financially compensated by the employer. The first-year cohort included several recent graduates of the ILP: Chad Edwards, Brittany Habbart, Lena Neuner and Ravynn Nothstine. We looked forward to helping provide similar externship opportunities for our students in the near future.

This year, we recently graduated nine students representing 7 tribes: 8 MLS students and 1 LLM student. These students focused on Federal Indian Law, Indian Gaming and Sports Law and Indian Self-Governance. We are proud of our newly minted alums and congratulate them on their successes. This celebratory occasion was the perfect capstone to a great academic year.

All in all, the 2022-2023 academic year was full of productive and meaningful experiences and the Programs thanks the ASU Law community for its unwavering support.

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.

Pivotal gaming case

Posted on September 13, 2022 by dwilliams

Indian Gaming in Texas: Discussing a Supreme Court Victory

On Aug. 23, the Indian Gaming and Tribal Self-Governance programs hosted the webinar “Indian Gaming in Texas: A Discussion About a Recent Supreme Court Victory.” During the Supreme Court’s October 2021 term, the Ysleta Del Sur Pueblo argued a pivotal gaming case challenging the State of Texas and was victorious in a 5-4 decision authored by Justice Neil Gorsuch . The Court’s decision affirms the Tribes’ right to operate Class II gaming in Texas under the Indian Gaming Regulatory Act and their own tribal laws. The webinar discussed the case, the recent decision from the Supreme Court and what’s next for the Ysleta Del Sur Pueblo and the Alabama-Coushatta Tribe of Texas with attorneys Brant Martin, counsel for Ysleta Del Sur Pueblo, and Fred Petti, counsel for the Alabama-Coushatta Tribe of Texas. Martin and Petti shared valuable insight about practicing law on behalf of a tribal client, their experiences arguing before the Supreme Court and participating as amici before the Supreme Court respectively.

If you missed the webinar, you may watch the recording.

We look forward to inviting both attorneys and their tribal clients to the law school in Spring 2023. Keep a lookout for this announcement in the coming months.

Tribal Nations and Abortion Access: A Path Forward

Posted on August 18, 2022 by dwilliams

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

The Aftermath of Castro-Huerta

Posted on July 19, 2022 by dwilliams

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.”

Success at the Ninth Circuit Court of Appeals for the Indian Legal Clinic

Posted on January 21, 2022 by Indian Legal Program

The Indian Legal Clinic represented the appellants in the United States Court of Appeals for the Ninth Circuit (Case no. 21-35230, Newtok Village v. Andy Patrick) in an appeal from the United States District Court for the District of Alaska that involved defending tribal sovereignty from unlawful intrusion by federal courts.

On behalf of their clients, the clinic appealed an adverse permanent injunction issued by the District Court of Alaska and argued that tribal sovereignty to resolve intratribal disputes prevents federal courts from intervening on such matters and that the District Court of Alaska lacked jurisdiction. On December 22, 2021, the Ninth Circuit unanimously agreed with the appellants’ arguments and vacated the district court’s orders. Judge Richard C. Tallman wrote the opinion, concluding, “Continuing to enforce the permanent injunction here risks the federal court’s impermissible involvement in interpreting the Tribe’s constitution and laws.”

Indian Legal Clinic Director Patty Ferguson-Bohnee argued the case before the Ninth Circuit Court of Appeals on November 9, 2021. Watch the recording of the oral argument. Vinnie Amato (3L) assisted with research. Native Vote Fellow Torey Dolan (’19) and Jens Camp (’21) assisted in drafting the briefs before the Ninth Circuit. Dolan provided notes for the oral argument preparation, and Native Vote Fellow Blair Tarman-Toner (’21) and Dolan assisted in preparing and refining Ferguson-Bohnee’s oral argument. The ILC collaborated with co-counsel James J. Davis, Jr. of the Northern Justice Project LLC in Anchorage, Alaska.

McGirt v. Oklahoma Supreme Court Decision: Treaties Upheld

Posted on June 12, 2021 by Indian Legal Program

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

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

Posted on July 10, 2020 by Indian Legal Program

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.