Our year for Indian Gaming & Tribal Self-Governance Programs

Posted on May 31, 2022 by dwilliams

The Indian Gaming and Tribal Self-Governance Programs (“Programs”) at ASU Law had a successful academic year and we congratulate all the 2022 Master of Laws (LLM) and Master of Legal Studies (MLS) graduates.

In August, the Programs welcomed its current director, Derrick Beetso, a 2010 graduate of the Indian Legal Program (ILP). Beetso is a member of the Navajo Nation who previously served as general counsel for the National Congress of American Indians where he co-directed the Tribal Supreme Court Project alongside colleagues at the Native American Rights Fund, and before that he served as attorney-advisor for the Western Region of the Bureau of Indian Affairs and the BIA’s San Carlos Irrigation Project. He brings with him a wealth of knowledge working in and around federal Indian law and policy and said, “the Indian Gaming and Tribal Self-Governance Programs provide practical learning opportunities for all law students, whether they seek a JD, LLM, or MLS degree, and I’m so proud to help guide how the Programs engage with and respond to Native communities in Arizona and throughout the Nation. It has been a pleasure to work with the ILP team to help realize the professional goals of such a dynamic cohort of students dedicated to improving the lives and well-being of Indian Country.”

Two faculty associates also joined ASU Law’s Indian Gaming and Tribal Self-Governance Programs: Jay Spaan, a citizen of the Cherokee Nation, taught Tribal Self-Governance I and Tribal Self-Governance II, and Michael Hoenig taught Indian Gaming I and Indian Gaming II. Faculty Associates Paul Spruhan taught Civil Jurisdiction in Indian Country and Helen Burtis (’07) taught American Indian Law.

MLS student Roicia Banks enjoyed Professor Spruhan’s class. “I appreciated Professor Spruhan’s extensive knowledge of Federal Indian Law,” Banks said. “But it was more important to me that as a man married to a tribal member, Professor Spruhan was very respectful, woke, and straight forward.”

“As a member of a federally recognized tribe, I took many of the deciding court cases that shaped federal Indian law personally in that I felt it was my duty to understand the past to better understand where we are today,” Richard Picard (MLS ’22) said. “Professor Burtis ensured that all relevant Indian law topics were covered thoroughly and that they were understood as clearly and easily as possible.”

Francisco Olea (LLM ’22) worked for Professor Hoenig in 2016 during his internship with the National Indian Gaming Commission in Washington, D.C. and six years later, Olea was glad to be enrolled in his online Indian Gaming II class.

In September, in partnership with ASU Law’s Allan “Bud” Selig Sports Law and Business Program, the Programs hosted a timely webinar entitled “Betting on Arizona: the Future of Indian Gaming and Sports Betting in Arizona.” The webinar was well attended and featured key attorneys that represented Arizona Indian tribes in negotiating recent compacts and state legislation allowing Arizona’s tribes to participate in the State’s recent sports wagering operation directed by the Arizona Gaming Commission. The rollout of sports wagering in Arizona last year has brought many instances of first impression and the Programs’ students and staff are at the forefront of thinking through various issues presented and helping envision what the future holds for tribes in this area nationally. Beetso has provided regular commentary to gaming publications on recent sports wagering developments; updated the Arizona Indian Gaming Association on current legal and policy issues; and helped moderate a sports betting panel for the Federal Bar Association’s D.C. Indian Law Conference and the ILP’s Wiring the Rez conference.

In October, Beetso taught his first course, Federal Advocacy for the Tribal Client, the ILP’s traveling class at ASU’s Washington, D.C. campus during the fall semester break. The course is designed to instruct students on the basic principles behind effective advocacy before federal agencies, Congress, and the Supreme Court.

Students had the opportunity to engage with professionals, congressional staff, and administrative officials to better understand how federal Indian law and policy is shaped and implemented. While in town, the students also had time to tour the Nation’s Capitol and make professional connections with practicing attorneys during networking opportunities.

In November, the Programs had the pleasure of attending the ribbon cutting ceremony for the newly opened Yuhaaviatam of San Manuel Event Center within ASU’s California Center in downtown Los Angeles at the historic Herald Examiner Building. The Programs accompanied ILP faculty, the ILP’s esteemed Salt River Scholars, law school leadership, and representatives from the office of ASU President Michael Crow to celebrate this momentous occasion and important partnership with the San Manuel Band of Mission Indians. The Band has donated generously to the law school’s endeavors to increase its impact in the Los Angeles area and to provide meaningful and practical education opportunities for Native students interested in furthering Indian gaming and tribal self-governance. The Programs are currently planning a community teaching event, to be held at the Yuhaaviatam of San Manuel Event Center this summer, which will showcase the exciting work our students are engaged in, the talent of the law school’s faculty, and the partnerships and community building efforts made possible by substantial investments from the San Manuel Band of Mission Indians, the Shakopee Mdewakanton Sioux Community, the Mohegan Tribe, and other important donors.

Finally, the Programs were honored to host a lunch lecture with Tribal leaders from the Alabama-Coushatta Tribe of Texas to share their unique history and the relevance of the Tribe’s bingo operation to its self-governance. The Alabama-Coushatta Tribe and its bingo operation await a decision from the Supreme Court on a case, Ysleta del Sur Pueblo v. Texas, that will have a direct impact on their self-governance.

The Tribe shared its role in the current litigation before the Court and spoke with students about their interest in Indian gaming and the case specifically. Oral arguments in Ysleta del Sur Pueblo v. Texas were held February 22, 2022 and a decision from the Court is expected soon. The Programs hope to invite tribal leadership from both the Alabama-Coushatta Tribe of Texas and Ysleta Del Sur Pueblo back once the Court’s opinion is published.

Celebrating Tribal Investments

Posted on December 23, 2021 by dwilliams

San Manuel Band of Mission Indians

Last month, the Indian Legal Program celebrated the generosity of the San Manuel Band of Mission Indians at the ASU California Center in downtown Los Angeles, located at the historic Herald Examiner building, for a special ribbon-cutting ceremony and the naming of Yuhaaviatam of San Manuel Event Center within the building. The naming of the space recognizes San Manuel’s $5 million gift for the recent renovation of the ASU California Center, and the tribe’s support for ASU Law’s Indian Gaming and Tribal Self-Governance programs.

San Manuel Chairman Ken Ramirez said it best: “Investing in education that underscores Native American law and tribal sovereignty is among the core values of the tribe.”

“Participating in the unveiling was an honor,” said Derrick Beetso (’10), director of ASU Law’s Indian Gaming and Tribal Self-Governance programs. “The history of the Herald Examiner building, as described by Chairman Ramirez, indicates how special this event was for the San Manuel Band of Mission Indians, and it was a pleasure to share in this experience. The Indian Gaming and Tribal Self-Governance programs look forward to exploring new opportunities for innovative uses for the space, including practical learning experiences for our students.”

Read more in the ASU News article and review ASU Law’s video recap.

We are very happy some of our ILP students joined Professor Beetso, Professor Patty Ferguson-Bohnee, Executive Director Kate Rosier and Professor Trevor Reed in this celebration, including: Ashleigh Fixico (2L), Noah Goldenberg (2L), Clayton Kinsey (1L), Francisco Olea (LLM), Sophie Staires (1L) and David Streamer (3L). During the trip, students documented and shared the experience on our Instagram for Student Takeover.

Thank you, San Manuel Band of Mission Indians, for your continued support!

ILP Family legacy

Posted on November 23, 2021 by dwilliams

Native American Heritage Month

As a team representing 10 tribes at the Sandra Day O’Connor College of Law, the Indian Legal Program aims to educate and celebrate on the ancestral lands of the Akimel O’odham. The program was established 33 years ago by the efforts of two ASU Law students – Gloria Kindig (’89) and LynDee Wells (’89). Over the years, we have excelled and built on that vision and created the Indian Legal Clinic, the Arizona Native Vote Election Protection Project, the Indian Wills Clinic, the Pathway to Law Initiative, the Rosette LLP American Indian Economic Development Program, and the Indian Gaming and Tribal Self-Governance programs.

Kate Rosier (Comanche), ILP Executive Director and Assistant Dean of Institutional Progress
Patty Ferguson-Bohnee (Pointe-au-Chien), ILP Faculty Director and Indian Legal Clinic Director
Professor Robert Miller (Eastern Shawnee), Willard H. Pedrick Distinguished Research Scholar and Director of the Rosette LLP American Indian Economic Development Program
Professor Stacy Leeds (Cherokee), Foundation Professor of Law and Leadership
Professor Trevor Reed (Hopi), Associate Professor of Law
Professor Ann Marie Bledsoe Downes (’94) (Winnebago Tribe of Nebraska), Professor of Practice and Director of the Indian Gaming and Tribal Self-Governance Programs
Professor Derrick Beetso (’10) (Navajo), Director of the Indian Gaming and Tribal Self-Governance Programs
Professor Helen Burtis (’07), Faculty Associate
Professor Lance Morgan (Winnebago Tribe of Nebraska), Faculty Associate
Professor Pilar Thomas (Pascua Yaqui Tribe of Arizona), Faculty Associate
Danielle Williams (Navajo), Program Coordinator Sr
Theresa Beaulieu (Stockbridge-Munsee), Program Coordinator
Honore Callingham (’18), Senior Specialist, Indian Legal Clinic
Torey Dolan (’19) (Choctaw Nation of Oklahoma), Native Vote Policy Fellow, Indian Legal Clinic
Blair Tarman (’21) (Chickasaw), Native Vote Policy Fellow, Indian Legal Clinic

In addition to the JD program, we also offer a Master of Laws (LLM) program and Master of Legal Studies (MLS) program.

Paul Spruhan, Faculty Associate
Jay Spaan (Cherokee), Faculty Associate
Michael Hoenig, Faculty Associate

We’ve expanded our presence in Nebraska, California and Washington, D.C. We are a growing network because law is a growing field. Over 375 ILP students have graduated from ASU Law and over 150 received a certificate in Indian Law.

Today, we are proud to have 72 students representing 36 tribes: 44 JD, 1 LLM and 27 MLS.

To our entire ILP family: Happy Native American Heritage Month!

Impacts of Indian Gaming

Posted on November 22, 2021 by dwilliams

The Indian Gaming and Tribal Self-Governance programs hosted a presentation “Indian Gaming in Texas: Ysleta del Sur Pueblo v. Texas & Alabama-Coushatta Tribe of Texas v. Texas” on Nov.10. Ronnie Thomas, treasurer for the Alabama-Coushatta Tribe, and Fred Petti, attorney for the Alabama-Coushatta Tribe, joined the ILP to discuss the history of Indian gaming in Texas and how Ysleta del Sur Pueblo v. Texas ended up before the Supreme Court. The Alabama-Coushatta Tribe submitted amicus briefs in support of the matter since the holding could result in ground-sweeping changes in how Indian gaming is conducted in Texas.

Lunch was provided at this in-person event, which was also livestreamed so the ILP’s MLS and LLM online students could participate as well. Derrick Beetso (’10), director of the Indian Gaming and Tribal Self-Governance programs, said, “I really enjoyed this event. The representatives from the Alabama-Coushatta Tribe shared important and interesting perspectives on how amici can help further collective litigation goals in Indian Country. I thought it was an important and practical discussion to have that is not always explained in law school courses.”

“I’m inspired by the actions of the Alabama-Coushatta Tribe because the purpose of pursuing legal action was not solely about Indian gaming, but how this activity could serve the tribe for the next seven generations,” said 3L Hilary Edwards . “Mr. Thomas shared how his tribal community has benefitted from the tribal gaming facility, like supporting tribal members to achieve higher education. I was encouraged when Mr. Thomas said, ‘We encourage our tribal students who achieve higher education to get off-reservation experience and then bring that experience back to work for the tribe.’ This is precisely what I strive to accomplish. I desire to be qualified with experience to be able to contribute and serve my tribal community. These events further validate my decision to attend law school and further encourages me to continue on with the fight.”

Indian Gaming and Tribal Self-Governance Programs Welcome Expert Faculty Associates

Posted on September 7, 2021 by Indian Legal Program

Two new faculty associates bring hands-on expertise to the Indian Gaming and Tribal Self-Governance Master of Legal Studies (MLS) Programs, part of the Indian Legal Program at the Sandra Day O’Connor College of Law at Arizona State University. Jay Spaan, a citizen of the Cherokee Nation, teaches Tribal Self-Governance I, and Michael Hoenig teaches Indian Gaming II.

Jay Spaan on Tribal Self-Governance
“Tribal self-governance is always evolving and its implementation is unique for each Tribal Nation,” said Spaan. “We will discuss and learn about the authorizing legislation and regulations, as well as caselaw that provide the framework for self-governance authority, and we will focus on how tribal nations have implemented the authority to best serve their citizens and communities. We also learn about the creative thinking and perseverance of tribal leaders that made self-governance a reality and how that continues to shape the future of self-governance.”

Spaan offered important advice for ASU Law students: “Take initiative, push boundaries and think beyond the confines of the current system. Tribal self-governance was an initiative of tribal leaders who were frustrated with the federal-tribal relationship and wanted to see real improvements in the lives of their citizens and communities. Don’t be scared to think beyond the boundaries of existing legislative frameworks. Anything is possible.”

Spaan is the executive director of the Self-Governance Communication & Education Tribal Consortium. He has more than a decade of experience in program evaluation, primarily as a senior analyst in the U.S. Government Accountability Office’s (GAO) Natural Resource and Environment team. Spaan actively sought opportunities to increase American Indian and Alaska Native representation within GAO and brought in numerous speakers to educate its employees on federal trust responsibility, tribal sovereignty and building effective working relationships with Tribal Nations. Spaan earned a master’s of jurisprudence in Indian Law from the University of Tulsa and a master’s of public affairs from the University of Texas at Dallas.

Michael Hoenig on Indian Gaming
“Indian gaming has had a profoundly positive impact across Indian country,” said Hoenig. “It has created needed jobs and provided funding for vital programs and services. It is also one of the most heavily regulated activities, with tribes, states, and various federal agencies all playing a part. It needs people who understand not only how casino operations work, but also all those legal and regulatory requirements. I decided to teach this course so I could share my knowledge and hopefully ensure that there will continue to be people to fill those important roles.”

The Indian Gaming II course will provide an in-depth understanding of the legal and regulatory requirements of Indian gaming pursuant to the Indian Gaming Regulatory Act (IGRA), National Indian Gaming Commission (NIGC) regulations and other laws that touch on Indian gaming. “As you study Indian gaming,” Hoenig advised students, “keep in mind IGRA’s purpose that tribes must be the primary beneficiaries of their gaming.”

Hoenig is the general counsel at the NIGC, an independent federal regulatory agency. He provides legal oversight, guidance and assistance to the commission in carrying out its responsibilities under the IGRA. He joined the NIGC as a staff attorney in 2006, became associate general counsel in 2014 and general counsel in 2015. Prior to joining the NIGC, Hoenig served as counsel to Chickasaw Nation Ambassador Charles Blackwell and as counsel to Native Affairs Development Group. Hoenig received his law degree from the Creighton University School of Law and a master of laws in American Indian and Indigenous Law from the University of Tulsa, where he graduated with highest honors.

We are thrilled to welcome Professors Spaan and Hoenig to ASU Law.

“The success of the Indian Gaming and Tribal Self-Governance programs could not be possible without the high-quality learning opportunities offered to its students,” said Derrick Beetso (’10), recently named director of the Indian Gaming and Tribal Self-Governance programs. “Professor Spaan and Professor Hoenig bring a wealth of practical experience and subject matter expertise to the programs, and we are delighted that our students are now able to gain insights and lessons from both. We are confident these teachings will serve our students well in their future careers.”

Make learning Indian Gaming Law fun

Posted on June 4, 2021 by Indian Legal Program

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.

____
Theresa Beaulieu
Program Coordinator, Indian Legal Program, ASU Law

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

First Annual Trends in Indian Gaming Conference a Virtual Success

Posted on August 11, 2020 by Indian Legal Program

The Indian Gaming and Tribal Self-Governance Programs hosted its first annual “Trends in Indian Gaming” webinar on July 15-16. Indian Gaming and Tribal Self-Governance Executive Director Larry Roberts welcomed a national audience of nearly 300 attorneys, students, professionals and thought leaders convening to discuss evolving Indian gaming issues. Dean Douglas Sylvester opened the virtual conference acknowledging that ASU sits on the traditional homelands of tribal Nations. He shared ASU Law’s longstanding and enduring commitment to tribal nations and how the Indian Gaming and Tribal Self-Governance Programs are the latest reflection of that commitment. Special Guest Ernie Stevens, Chairman of the National Indian Gaming Association (NIGA), shared NIGA’s enthusiastic support of ASU’s new Indian Gaming and Tribal Self-Governance focused degree programs and provided an overview of how tribes are again leaders in gaming during these difficult times.

The virtual conference opened with a panel focused on how tribes across the country were balancing covid-19 and reopening, which was moderated by Patty Ferguson-Bohnee, Director of ASU’s Indian Legal Clinic and Clinical Professor of Law. Mohegan Tribe Vice Chairwoman Sarah Harris shared details of the Tribe’s reopening as well as its work with Federal and State officials to address the pandemic and reopening. Shakopee Mdewakanton Sioux Community’s General Counsel William Hardacker provided an overview of how the Midwest Tribe navigated legal issues brought about by the pandemic and how the facility was operating in this changed environment. Providing a west coast perspective, Dan Little, San Manuel Band of Mission Indians’ Chief Intergovernmental Affairs and Tribal Affairs representative, shared the Tribe’s forward-leaning efforts to provide a safe entertainment environment and how the Tribe’s leadership in this area was acknowledged as the gold standard for reopening gaming facilities.

Day 1 of the virtual conference closed with a spirited overview of the latest developments concerning Indian gaming compacts. Moderated by Morongo Band of Mission Indians’ General Counsel Kimberly Cluff, ASU Law alumni Brad Bledsoe Downes (’94) and Scott Crowell (’84) provided their views on the current state of play in Arizona and California regarding tribal gaming compacts. Iowa Law Dean Kevin Washburn shared his insights from his time serving as Assistant Secretary of Indian Affairs and the current state of litigation with the Oklahoma Governor and Indian tribes in Oklahoma. Attorney Andrew Caulum, who focuses on tribal gaming issues for the Solicitor’s Office in the Department of Interior, provided a timely overview of how the Department processes its review of tribal-state gaming compacts.

Participants for Day 2 of the virtual conference were welcomed by ASU Law alum Ann Marie Bledsoe Downes (’94), Director of the Indian Gaming and Tribal Self-Governance Programs. Special guest ASU alum A. Gay Kingman, Executive Director of the Great Plains Tribal Chairmen’s Association extended a warm welcome to the attendees and shared her support for ASU Law’s new programs. She noted ASU’s long-standing commitment to serving the educational needs of tribal nations and tribal citizens. Day 2 opened with a panel moderated by Burton Warrington, Indian Ave. Group, focused on the latest trends in online gaming. Pechanga Band of Luiseño Indians’ General Counsel and ASU Law alum Steve Bodmer (’06) provided an update on the latest developments in California and the complexities moving forward. NIGA Executive Director Jason Giles provided a national perspective of how tribes are approaching online gaming with the Congress. Bay Mills Indian Community Chairman Bryan Newland shared how the tribes in Michigan have worked with the State to offer online gaming under existing tribal-state compacts and to offer off-reservation online gaming under state law. Rion Ramirez, CEO, Port Madison Enterprises provided an update on how tribes in the pacific northwest are approaching online gaming and potential future hurdles.

The virtual conference closed with a panel providing updates on actions by the Trump Administration impacting tribal nations, moderated by David Mullon, Partner, Venable LLP. Two ASU Law alumni, Charlie Galbraith (’06), Partner at Jenner & Block, and National Congress of American Indians’ General Counsel Derrick Beetso (’10), shared their insights regarding Interior and White House actions concerning tribal interests. National Indian Gaming Commission (NIGC) Chairman Sequoyah Simermeyer provided an update on NIGC’s efforts to assist tribal gaming operations during covid. Department of the Interior Deputy Solicitor for Indian Affairs Kyle Scherer provided an overview of litigation in which the Trump Administration supported tribes, including defending the Indian Child Welfare Act.

We extend special thanks to the National Indian Gaming Association, the San Manuel Band of Mission Indians, the Shakopee Mdewakanton Sioux Community for their sponsorship of this inaugural event. These sessions will be posted in the coming weeks on ASU Law’s Indian Gaming and Tribal Self-Governance website – we hope you enjoy the content.