Welcome Professor Stacy Leeds!
Starting out the semester with big news and a big win for Arizona State University!
Job Opportunity – Tribal Attorney – Labor & Employment
Forest County Potawatomi Community
Milwaukee, Wisconsin
Summary: Provides legal analysis and counsel on policy, on all labor and employment issues concerning the business and government operations of the Tribe.
Duties and Responsibilities:
- Provides legal guidance and advice involving various areas of law.
- Reviews, researches, interprets, and prepares both written and oral opinions on a wide variety of legal issues with respect to employment, wage & hour, work safety, harassment and discrimination
- Drafts, reviews, and approves policies and procedures, regulations, bylaws, contracts, leases, and other legal documents; researches legal issues and recommends revisions as necessary.
- Maintains professional and technical knowledge by conducting research, attending seminars, educational workshops, classes and conferences.
- Other duties as assigned.
Requirements (Education, Experience, Knowledge, Skills, Abilities):
- Juris Doctorate from an American Bar Association accredited law school; Licensed to practice law in the State of Wisconsin. At least three years of legal experience in tribal operations preferred.
- Knowledge of corporate and/or governmental management and employment practices with eight years of experience in the field.
- Research and knowledge of federal, state, tribal, and local law.
- Ability to manage a number of priorities simultaneously.
- Ability to work extended hours and various work schedules.
- Seven years of experience preferred.
- Must maintain confidentiality.
- Other duties as assigned.
To apply, click here.
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Job Opportunity – Deputy Associate Chief Counsel
The Resilience-Continuity and Preparedness Legal Division (RPCLD) is seeking an attorney to fill the Deputy Associate Chief Counsel (DACC) position. RPCLD is responsible for providing legal advice to the Deputy Administrator for Resilience, the Associate Administrator for Resilience, the Resilience Front Office Programs, the Grant Programs Directorate, the National Preparedness Directorate, the National Continuity Programs Directorate, and the U.S. Fire Administration. Additionally, RPCLD advises all of FEMA on Intellectual Property law. FEMA Resilience works to fulfill FEMA’s vision of a prepared and resilient nation through its programs and partnerships.
The DACC for RPCLD will report to the Associate Chief Counsel for RPCLD. The DACC will lead a team of 14 attorneys. In addition to leading the team, the DACC will provide advice to multiple SES and Political and Presidential Appointees. Accordingly, the ideal candidate must be able to quickly process a high volume of information and able to:
- Think quickly to respond to a sudden change of information;
- Show initiative and self-reliance to increase the effectiveness of the team; and
- Keep an open mind and show willingness to learn new methods and techniques.
To qualify for this position at the GS-15 level, you must demonstrate:
At least five years of full-time professional legal experience gained after being admitted to the bar. The minimum four-year work experience requirement includes at least two years of specialized experience that is directly related to the position being filled. At least one of the two years of specialized experience must be at a level of difficulty and responsibility equivalent to that of an attorney at the GS-14 level. Specialized experience for this position includes experience in emergency management and/or homeland security law. In addition, knowledge is required in FEMA laws, regulations and policies to provide expert counsel in support of complex disaster protection and national preparedness programs. Knowledge is also required of federal fiscal law, federal procurement law, federal personnel law, as well as demonstrated abilities to assess client risk. The ideal candidate must also possess excellent oral and written communication and interpersonal skills adequate to communicate effectively to Senior Executives. Additionally, supervisory experience is preferred and the ability to hold a TOP SECRET/SCI Security Clearance is required.
Application Instructions:
If you would like to be considered for this position, please send a brief cover letter explaining your interest, resume, and a writing sample no longer than 10 pages to Michelle Lienau at michelle.lienau@fema.dhs.gov by Friday, December 31, 2020.
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Indigenous Research Roundtable
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.
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.
This upcoming spring semester, the IRR will feature presentations by ASU Law Professor Robert J. Miller who will present his current research on the landmark Supreme Court decision in McGirt v. Oklahoma. School of Social Work Professor Shanondora Billiot will share her research on the effects of land-based healing programs on the mental health and wellbeing of Indigenous communities in Louisiana.
For more information about the Indigenous Research Roundtable or to participate in an upcoming roundtable please contact Professor Trevor Reed at t.reed@asu.edu.
Virtual Symposium on COVID-19 and Vulnerable Populations – 12/14
The coronavirus pandemic has powerfully and tragically harmed vulnerable peoples across the United States, from Native Americans in rural communities, to detainees in immigration detention centers and people incarcerated in confined spaces, to individuals with mental and physical disabilities. The Academy for Justice at Arizona State University Sandra Day O’Connor College of Law, in conjunction with the Arizona State Law Journal Online, is hosting a Virtual Symposium on COVID-19 and Vulnerable Populations to examine and challenge the pre-existing, health-harming legal and policy obstacles that are exacerbating the danger of the COVID-19 national health crisis to vulnerable populations.
On December 14, 2020, authors will discuss their ideas and essays in roundtable discussions followed by Q&A sessions open to the public, and a keynote presentation.
More Information and Registration at: https://law.asu.edu/centers/academyforjustice/covid19-vulnerable-populations
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ILC Reflections: Hearty Experiences
Student attorneys are instrumental in the progress and movement of the Indian Legal Clinic. While they work with real clients and real issues, they gain invaluable experience for their law career.
This has been an interesting year for everyone. In their third and last year in law school, it looks very different from their first year at ASU Law. Dustin Rector (3L) and Blair Tarman (3L) open up about their time in the Indian Legal Clinic and shed light on how this experience has better prepared them.
In his words, Dustin Rector writes:
This year, Native Vote faced a unique challenge through the COVID-19 pandemic. I helped Native Vote navigate the difficulties the pandemic created for our volunteers and helped ensure that the virus remains contained during Election Day activities. In addition to the COVID-19 pandemic, a consistent issue I addressed on Election Day were voter registration and provisional ballot issues. Despite these challenges, the moment that stands out to me was having the chance to return to my community in the Fort Apache Reservation and serve other tribal members.
The reason I chose to participate in the Indian Legal Clinic was because I wanted to apply the things I have been learning in my other classes. Before entering the Indian Legal Clinic, I had a loose understanding of what trial work looked like and I did not know how to use the things I learned in my classes in the real world. The Indian Legal Clinic has helped me learn about trial skills and has helped me become more confident and comfortable in using those skills.
If you want to understand what working in a law firm looks and feels like or if you want to work in a law firm that prioritizes Native issues, then I highly recommend enrolling in the Indian Legal Clinic. I also recommend prioritizing your time and being open to new learning experiences, no matter how challenging it is. Lastly, I would like to remind interested students that it is ok to make mistakes because the Clinic Director is there to guide you at all times.
In her words, Blair Tarman writes:
This year, I participated as an Election Protection volunteer answering phone calls for the Native Vote Hotline. It is important to protect Native voting rights because the right to vote is a fundamental right guaranteed to every American, and the First People should not be denied their right to make their voices heard.
I came across several inquiries regarding whether or not there were any transportation services being offered to and from the polls. This goes to show how difficult it can be for voters in tribal communities to travel to their designated polling locations due to lack of personal or public transportation options. Additionally, several callers wanted to know whether it was possible for them to vote online.
I chose to participate in the Indian Legal Clinic because I wanted to gain practical experience working with real clients. This experience has taught me so much about working with tribal clients and serving tribal communities. I cannot overstate how much I have learned from participating in the Indian Legal Clinic.
If I could offer any advice to someone considering enrolling in the ILC, it would be this: Do it. The ILC offers a unique opportunity for students to learn by doing. Being personally responsible for cases and knowing that clients are depending upon you will only render you more motivated to give your best effort.
____
Danielle Williams
Program Coordinator, Indian Legal Program, ASU Law
Arizona Native Vote Changemakers
The Indian Legal Clinic student attorneys, ILP affiliates and volunteers worked on the Arizona Native Vote Election Protection Project (AZNVEP) for months to prepare for the general election on Nov. 3. The number of this year’s Election Protection volunteers made for a great success despite the circumstances! We had 100 volunteers, which is more than in past years, who assisted Native voters at over 60 polling locations in Arizona on Election Day through the Arizona Native Vote Election Protection Project. The ILC team included Native Vote Fellow Torey Dolan (’19) as lead, Brendan Clark (3L), Aspen Miller (3L), Dustin Rector (3L), MacArthur Stant (3L),and Blair Tarman (3L) under the supervision of Professor Patty Ferguson-Bohnee. Student attorneys provided virtual training sessions for volunteers, ran the hotline and interacted with voters on-site.
Through partnerships with the Inter Tribal Council of Arizona (ITCA), the Native American Bar Association of Arizona (NABA-AZ), the Arizona Election Protection Coalition and volunteers, Native Vote served as an important resource for hundreds of Native voters during the 2020 election. Over 250 Native American voters called the Native Vote Election Protection hotline for assistance on Election Day, and many voters called prior to the election to check voter registration and polling locations, and answered questions regarding general election information.
With the extraordinary commitment from volunteers—ILP students, alumni, faculty, staff and friends—an Election Protection volunteer was on-site and available at the following locations: Navajo Nation, Hopi Tribe, Salt River Pima Maricopa Indian Community, Gila River Indian Community, Tohono O’odham Nation, White Mountain Apache, San Carlos Apache, Pascua Yaqui, Yavapai Apache, Yavapai Prescott, Quechan, Cocopah Indian Tribe, Colorado River Indian Tribes, Fort McDowell Yavapai Nation, and the Ak-Chin Indian Community.
We thank our ASU community for the support, which released the ASU Now article on election day that highlighted the greater work of Native Vote as well as the innovative Polling Locator Tool created just this year with US Digital Response. Watch the video to see how this tool was used by Native voters. |
Professor Reed published his article in the SSRN
Professor Trevor Reed has released his article, Fair Use As Cultural Appropriation, to the SSRN.
Abstract: Over the last four decades, scholars from diverse disciplines have documented a wide variety of cultural appropriations from Indigenous peoples and the harms these inflict. And yet, there are currently no federal laws other than copyright that limit the appropriation of song, dance, oral history, and other forms of intangible culture. Copyright is admittedly an imperfect fit for combatting cultural appropriations – it is a porous form of protection, allowing some publicly beneficial uses of protected works without the consent of the copyright owner under certain exceptions, foremost being copyright’s fair use doctrine. This article evaluates fair use as a gate-keeping mechanism for unauthorized uses of culture. As codified in the 1976 Copyright Revision Act, the fair use doctrine’s four-part test is supposed to help fact finders determine whether an unauthorized use of another’s work is reasonable in light of copyright’s goals of promoting cultural production. But, while the fair use test has evolved to address questions about the purpose behind an appropriation, the amount and substance of the work used, and the effects of the appropriation on the market for the work, the vital inquiry about the “nature” of the original work and the impact of unauthorized appropriation on its creative environment has been all but forgotten by lower federal courts. Combining doctrinal analysis, settler-colonial theory, and ethnographic fieldwork involving ongoing appropriations of copyrightable Indigenous culture, this article shows how this “forgotten factor” in the fair use analysis is key to assessing the real impacts unauthorized appropriations have on culturally diverse forms of creativity. Thus, if we are committed to the development of creativity in all of its varieties and natures, a rehabilitation of the forgotten factor is both urgent and necessary.
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Insightful overview of the Herrera U.S. Supreme Court case
On Oct. 28, we hosted the online event “Herrera v. Wyoming: A case discussion and what it means going forward.” This webinar included panelists Rachel Heron, U.S. Department of Justice Environment and Natural Resources Division, Dan Lewerenz, Native American Rights Fund, and Professor Colette Routel, Mitchell Hamline School of Law. The event was organized and moderated by Professor Larry Roberts.
Thank you to all of those who attended and spoke at the event!
A recording of the webinar is now available on the ASU Law’s Indian Gaming and Tribal Self-Governance website.
NAGPRA: Celebrating a 30-year milestone
On Nov. 16, the ILP commemorated the 30th anniversary of the Native American Graves Protection and Repatriation Act (NAGPRA) with a webinar “NAGPRA: 30 Years and Beyond.” The roundtable focused on how the law has empowered Tribes to reclaim their ancestors and cultural items from museums and other federally funded institutions, and what changes are needed in both the law and its implementation to better serve Indian Country.
Suzan Shown Harjo (Cheyenne & Hodulgee Muscogee), writer, curator, policy advocate and president of the Morning Star Institute, shared her insights into the important role NAGPRA plays in reversing the harms done to Indigenous ancestors and culture by researchers, federal agencies, and museums. She also spoke to the need for Tribes and their advocates to fully explore NAGPRA’s potential. James Riding In (Pawnee), founding member and associate professor in the department of American Indian Studies at ASU, spoke about his experiences helping Tribes implement NAGPRA and addressed some of ways Tribes can better negotiate with holding institutions. Shannon O’Loughlin, executive director and attorney with the Association on American Indian Affairs, discussed how NAGPRA should not be another way for museums to gather more data from Tribes to fill in gaps left by poor research—It is an enforceable law museums must respect with repatriation as its end goal. ASU Law’s Dean Emeritus Paul Bender, who facilitated the panel for National Dialogue on Tribal-Museum Relations that led to the passage of NAGPRA, moderated the event.
“The panelists’ insights into the origins of NAGPRA really brought the law into perspective,” said Professor Trevor Reed. “They showed us just how much the law can do for Tribal Nations as we build capacity and push to revise and develop it going forward.”
We’re grateful to these experts for sharing their time and knowledge