Category Archives: Information

Judicial Vacancy Announcement – Tohono O’odham Legislative Branch

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Sells, Arizona
Tohono O’odham Judicial Court

Closing date: Monday, August 2, 2021
Position: Judge (one position)
Term: One term ending January 31, 2023

Length of Employment:
The Nation’s judges are appointed by the Tohono O’odham Legislative Council and serve six-year terms until a successor is appointed and sworn in. A Nation’s judge is eligible for reappointment to additional terms in office.

Qualifications:
1) Possess a juris doctorate degree and be licensed to practice in any state, be a member in good standing with a state bar association, and have at least three years of experience as a practicing attorney;
2) Possess an associate’s degree and be an enrolled member of the Nation, and have served as a judge for at least six years or have at least ten years of work experience and training in a judicial or law-related field.
NOTE: See 6 T.O.C. Chapter 1, Subsection 1103(C) at http://tolc-nsn.gov/docs/Title6Ch1.pdf for additional requirements and disqualifications.

See full vacancy description here.

Application requirements:
Applicants are strongly encouraged to submit materials electronically.
Interested applicants should submit a letter of interest, resume, three writing samples, and three reference letters along with the completed application forms available at http://tolc-nsn.gov/ to:

ATTN: Leander V. Mase, Chairperson
Judiciary Committee
Tohono O’odham Legislative Branch
Post Office Box 837
Sells, Arizona 85634
(520) 383-5260 leander.mase@tonation-nsn.gov

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.  

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

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

Professor Miller and the McGirt case

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It’s almost been a year since the Supreme Court issued its decision in McGirt v. Oklahoma on July 9, 2020 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 created dialogue and research for Indian Country, especially for Federal Indian Law experts like Professor Robert J. Miller. It’s been “all McGirt, all the time,” he says.

2020

On July 12, 2020 Professor Miller was quoted in the Arizona Republic article on the McGirt case. Read article here.

On July 14, Professor Miller along with Professor Larry Roberts, presented on McGirt case to the ILP students.

On July 23, the Indian Legal Program at the Sandra Day O’Connor College of Law at ASU hosted, “The Most Significant Indian law Case of the Century: McGirt v. Oklahoma,” webinar that offered an in-depth case overview, ” which included presenters: Professor Miller, Professor Stacy Leeds, Derrick Beetso (’10), Ambassador, Muscogee Creek Nation Ambassador Jonodev Chaudhuri and moderated by Professor Roberts. View the recording here.

On July 30, Professor Miller gave a two-hour Indian law training for the U.S. DOE Bonneville Power Administration and discussed McGirt case at length.

In July,  Professor Miller 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” during his interview with the Voice of America (VOA) News. Watch full video here.

Professor 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.

On August 4, Professor Miller co-presented a McGirt webinar for the American Indian Community House in New York City.

On August 31, Professor Miller presented on his upcoming paper “The Indian Law Bombshell: McGirt v. Oklahoma” to law school faculty. Co-author Native Vote Fellow Torey Dolan (’19) joined the discussion. Miller and Dolan published their law review draft article, “The Indian Law Bombshell: McGirt v. Oklahoma” in the SSRN. Read the draft article here.

Professor Miller drafted an 800-word blurb on the McGirt decision for the American Association of Law Schools’ (AALS) Indigenous Nations section newsletter.

On September 15, Professor Miller was a guest on the daily radio program Native America Calling to speak about the McGirt case. Listen here.

On September 17, Professor Miller was a panelist on a 90-minute Zoom conference for the Northeast Corporate Counsel Organization Diversity & Equity Committee and he spoke about the McGirt decision and its impact on corporate clients in Oklahoma. 

On October 26, Professor Miller spoke on a panel session about McGirt for Boston College Law School.

On November 4, Professor Miller gave a keynote speech on McGirt for the “American Society for Ethnohistory Annual Conference” at University of North Carolina. 

On November 13, Professor Miller participated in the Oregon State Bar CLE panel and discussed the McGirt case.

On November 19, Professor Miller presented a one-hour speech for the American Philosophical Society on the McGirt case. Watch the recording here.

On December 11, Professor Miller gave a presentation on his current research on the landmark Supreme Court decision in McGirt v. Oklahoma for ASU’s Indigenous Research Roundtable (IRR).

2021

On Febuary 26, 2021, Professor Miller and Dean Elizabeth Kronk-Warner gave a luncheon talk on McGirt at the George Washington School of Law.

Professor Miller and Professor Robbie Ethridge from University of Mississippi signed a contract to write a book on McGirt for the University of Oklahoma Press.

In April, Professor Miller and Torey Dolan (’19) published their law review draft article, “The Indian Law Bombshell: McGirt v. Oklahoma” in the SSRN. Read the draft article here.

Professor Miller published two short essays for the University of Pennsylvania School of Law’s Regulatory Review journal on the McGirt case and private sector economic development on reservations. 

Professor Miller published the 5,500 word cover article “McGirt v. Oklahoma: The Indian Law Bombshell.” in the April edition of the Federal Lawyer magazine for the Federal Bar Association.

Professor Miller and Torey Dolan (’19) accepted an offer to publish their article “The Indian Law Bombshell: McGirt v. Oklahoma” in 101 Boston University Law Review (2021).

Impacting the next gen

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This past semester ILP Executive Director and Assistant Dean of Institutional Progress Kate Rosier and Assistant Dean Ray English of ASU Law’s Office of Career and Employment Service joined forces to co-teach an undergraduate course LAW 394: Law School Foundations. The course was created to provide students with the opportunity to explore and develop the skills necessary to apply to law school and succeed in law school. This diverse roster took part in an intensive LSAT preparation course, and students learned about the law school application process and application strategies. They were also given the opportunity to network with law school administrators, law students, lawyers and judges. 

“I feel like the course provided students with a great foundation upon which to develop their critical thinking skills and to pursue admission into law school,” said English. “My favorite memories surround oral arguments. Students did amazingly well, considering many had never made an oral argument before.”

Over the course of the semester, the students were exposed to legal constructions of the courts in the United States and Arizona, including the function of courts and judges. Students participated in legal analysis exercises, draft legal memorandums and made oral arguments.

“It was a rewarding experience to work with talented and motivated students in the class,” said Rosier. “It was fun to demystify the law school admissions process and direct them with helpful tips.”

The course was initially designed to be in-person but due to a global pandemic, Rosier and English quickly took action and reworked the course to meet the needs of the students. By the end of the semester, they realized the course exceeded their expectations. “Kate and I make a great team! I am looking forward to working with her to improve the course.”

“I think the biggest accomplishment is that all of the students attended every session, even though I made everyone turn on their cameras,” he said. By the end of the semester, two students secured summer internships with Honorable David B. Gass of the Arizona Court of Appeals, Division One.

This course was based on the course previously taught by Jeremiah Chin (’15) and Dr. Bryan Brayboy. We appreciate their great work and forward thinking.    

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.

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

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

Pathway to Law

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Online Sessions

6-weeks | Tuesday, Wednesday, Thursday | 90-minutes

In its seventh year, the Native American Pathway to Law, formerly known as the Pipeline to Law, is proud to host online sessions June 8-16 in lieu of the prior workshop. These sessions offer advice and guidance for those interested in pursuing a legal education to help applicants navigate all the tests, applications and funding, and ease some of the pressure.

In her recent interview with Native News Online, Kate Rosier, ILP director and assistant dean of institutional progress, said: “We basically act like aunties and uncles, helping people figure out what they need, and what they want from a law school.” The article, “Pathway to Law Initiative Offers ‘Auntie’ Mentorship to Native Kids,” is a great capture of the intent of the initiative. In an effort to lessen confusion and redirect the focus of this initiative, the name was changed to Pathway to Law.

We invite future law students to join our qualified presenters and student speakers to learn from experts on how to get into law school.

Applications are due by Monday, May 3.

If you know any of any students interested, have them apply at: law.asu.edu/pathwaytolaw.

 

Download the PDF flyer.

Indian Wills Clinic: Quechan Tribe

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Student attorneys enrolled in the Indian Legal Clinic took part in a two-day Wills Clinic with the Quechan Tribe in March. The clinic was designed to provide Quechan allotment owners with wills that conform to the provisions of American Indian Probate Reform Act. Sixteen Quechan allottees were served in the clinic.

During the first day, each student met with four tribal members in one-on-one counseling sessions. That evening, the students drafted the wills with feedback from ILP Professor Helen Burtis (’07), and Rosette, LLP attorneys Simon Gertler (’18) and Jim Palmer (’04). The following day, the students met again with their clients to review the wills to ensure that each person’s wishes were correctly represented in the documents. The clinic culminated with the students walking each client through a signing ceremony in which the will was executed before witnesses and a notary. The entire process between the students and the clients took place remotely via Zoom. 

“With online learning and not seeing as many people in person, it has been hard to stay cause-connected,” said 2L Vinnie Amato, one of the participating students. “Being able to help draft wills for tribal members over Zoom was a great experience because it refocused me on why I joined the Indian Legal Program. I also gained valuable skills I never would have received otherwise.”

Thanks to Professor Burtis for organizing and leading the Wills Clinic, and to attorneys Simon and Jim for their assistance in the drafting process!

2021 Pipeline to Law: Online Sessions

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The Native American Pipeline to Law Pre-Law team will be hosting Online Sessions this summer. These sessions will help students successfully navigate the law school application process. It doesn’t matter which school you are coming from and which school you choose, we want to help you get there.

  • Develop an effective application, resume, and personal statement
  • Explore law school funding options
  • Receive test prep tips for the LSAT
  • Hear from former and current American Indian law students

Apply by May 3. Spots fill up fast!

Submit your application at: law.asu.edu/pipelinetolaw

Indigenous Research Roundtable

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Connecting Indigenous Scholars across ASU

For several years now, ASU’s Indigenous Research Roundtable (IRR) has connected Indigenous scholars and allies through a monthly seminar featuring new, cutting-edge scholarship conducted with, by and for Indigenous communities. The IRR was originally organized by Dr. Angela Gonzales from ASU’s School of Social Transformation and hosted at Tempe campus. As the ASU Downtown campus has grown to include numerous ASU colleges, schools and programs serving Indian Country—including Social Work, Journalism, Health Sciences, Law and many others—the IRR is, for the first time, being hosted by two downtown campus Indigenous faculty, ASU Law Professor Trevor Reed and School of Social Work Professor Felicia Mitchell.

“As a new faculty member at ASU, IRR provided me opportunities to meet and connect with Indigenous scholars and allies across ASU,” said Professor Mitchell. “The IRR has also been a supportive space to highlight the important work my colleagues and I are involved in throughout Indian Country.”

In the fall semester, the IRR featured two thought-provoking presentations showcasing the diversity of Indigenous research happening at ASU. On Nov. 4, Professors David Manuel-Navarrete and Tod D. Swanson shared their experiences establishing a new field school in partnership with Tribes in the Ecuadorian Amazon. The field school educates university students from around the world about Kichwa approaches to climate science and biodiversity while also providing a stream of sustainable income for Kichwa peoples. On Dec. 9, Professor Matt Ignacio presented the results of his groundbreaking study of harm-reduction interventions aimed at Indigenous youth who may be at risk for alcohol and other drug use. Then on Jan. 27, School of Social Work Professor Shanondora Billiot shared her research on the effects of land-based healing programs on the mental health and wellbeing of Indigenous communities in Louisiana. Ending the roundtable sessions for the academic year,  Professor Robert J. Miller presented his current research on the landmark Supreme Court decision in McGirt v. Oklahoma on March 24. 

For more information about the Indigenous Research Roundtable or to participate in a roundtable next year, please contact Professor Reed at t.reed@asu.edu.