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.

Professor Miller and ILP alum Torey Dolay published their article in SSRN

Posted on August 10, 2020 by Indian Legal Program

Professor Robert J. Miller and Native Vote Fellow Torey Dolan (’19) published their law review draft article, “The Indian Law Bombshell: McGirt v. Oklahoma” in the SSRN. Read the draft article here. Feedback is welcome. Please send your comments to ilp@asu.edu.

Kate Rosier shaping the future

Posted on August 5, 2020 by Indian Legal Program

On Aug. 4, Executive Director Kate Rosier was recently appointed as assistant dean of Institutional Progress to focus her efforts on the student experience. Read more in ASU Now article here.

We are inspired by how she leads with empathy and her commitment to fostering diverse talent. Congratulations Kate!

Kate Rosier in ASU Now

Posted on August 4, 2020 by Indian Legal Program

Exciting news! Executive Director Kate Rosier has been newly appointed as assistant dean of institutional progress to focus her efforts on the student experience.

Read ASU Now article here.

McGirt Webinar Recording – Now available!

Posted on July 29, 2020 by Indian Legal Program

Did you miss our recent webinar? Recording of ” “The most significant Indian Law case of the century: McGirt v. Oklahoma” is available here.

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

Job Opportunity – Staff Attorney

Posted on July 29, 2020 by Indian Legal Program

New Mexico Legal Aid
Gallup, NM

The staff attorney will handle cases and matters involving Federal Indian law and Indian tribal law issues, including representation of low income individuals in tribal court. In addition, the staff attorney may be required to handle general poverty law work in non-Tribal forums and to conduct outreach in Indian and non-Indian communities. The attorney will also be active in relevant bar and community activities. The position will be based in Gallup and will concentrate on Native American and non-Native American cases in northwest counties of the state. It may involve up to may involve up to 50% domestic violence casework. The attorney will report to the managing attorney of the Native American Program and the managing attorney of the Gallup office according to the type of casework.

The staff attorney will handle cases and matters involving Federal Indian law and Indian tribal law issues, including representation of low income individuals in tribal court. In addition, the staff attorney may be required to handle general poverty law work in non-Tribal forums and to conduct outreach in Indian and non-Indian communities. The attorney will also be active in relevant bar and community activities. The position will be based in Gallup and will concentrate on Native American and non-Native American cases in northwest counties of the state. It may involve up to may involve up to 50% domestic violence casework. The attorney will report to the managing attorney of the Native American Program and the managing attorney of the Gallup office according to the type of casework.

Send a current resume and a letter of interest explaining what you would like to accomplish if you are selected for this position to: jobs@nmlegalaid.org Salary: DOE, NMLA is an EEO Employer. Deadline: March 31, 2020, or until filled.

For full job description, click here.

Job Opportunity – Temporary Law Clerk

Posted on July 10, 2020 by Indian Legal Program

Navajo Nation Judicial Branch
Crownpoint, New Mexico

Closing Date: July 21, 2020 at 5:00 p.m

Under immediate supervision, performs work of moderate difficulty with responsibility to assist in various aspects of program operations; works under the guidance and direction of professional staff or assigned supervisor; conducts legal or case research for law clerk, justices or court staff; to assist law clerk in preparing cases for adjudication; to assist court clerk during oral arguments or hearings; and performs related duties as assigned. Prepares and assists law clerk with facts of the case and legal issues on appeal; Reviews files and pleadings on appeal; Drafts various court orders; Conducts legal research and verifies legal authority for law clerk and Justices; Analyzes case files to prepare bench memoranda; Recommends disposition of appeals; Performs miscellaneous office and clerical duties;

Qualifications:
Education, Training and Experience: Bachelor’s degree and enrollment in an accredited college of law. Completion of federal Indian Law class, preferred.

See full job posting here.

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.

Prof. Larry Roberts article on today’s McGirt v. Oklahoma Supreme Court decision

Posted on July 9, 2020 by Indian Legal Program

“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,” said Larry Roberts, ASU Law’s Indian Gaming and Tribal Self-Governance Executive Director.

Read the article on ASU’s American Indian Policy Institute’s blog here.

Supreme Court says eastern half of Oklahoma is Native American land

Posted on July 9, 2020 by Indian Legal Program

Good news for Indian Country!

The U.S. Supreme Court held that the Creek Reservation has not been disestablished. The Court held that only Congress can disestablish a reservation, and has not done so. Read full article here.