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.

Honorable Peterson Zah’s advocacy and leadership

Posted on March 10, 2023 by dwilliams

The late Honorable Peterson Zah was a dedicated leader to the Navajo Nation, ASU, the Indian Legal Program and all Native students. Zah was the First President and Last Chairman of the Navajo Nation. What many people do not realize is that Zah served as the Executive Director of the DNA People’s Legal Services for 14 years. Under Zah’s leadership several cases advancing tribal sovereignty went before the U.S. Supreme Court. In the early 1970s when Judge William C. Canby Jr. was teaching Indian Law at ASU and training talented Native students, Zah was fighting in the courts and seeing the need for Native attorneys. Zah worked with and hired some of ASU Law’s first Indian students taught by Judge Canby – Claudeen Bates Arthur (’74), Ben Hanley (’71), Louis Denetsosie (’74) and Herb Yazzie (’75) to name a few.

During Zah’s career he fought for education, helped raise funds for scholarships for Native students and encouraged students to go to law school. Zah was able to work with people at all levels of government to help his Nation. In 1995 Zah continued to use these skills at ASU to bridge the gap between Tribes and ASU. Zah personally helped secure the ASU Law/ Navajo Nation matching funds scholarship program to enable Navajo students to get an affordable legal education at ASU Law.

As a thank you for his service and his advocacy for tribes and tribal people, ASU Law honored President Peterson Zah in 2017 by announcing the naming of the “President Peterson Zah Active Learning Classroom.” The active learning classroom was selected for Zah because the room allows people to work together on projects and strategize to find solutions just as Zah did throughout his life. This room is located on the 3rd Floor of the Sandra Day O’Connor College of Law at ASU’s downtown Phoenix campus.

Honorable Peterson Zah’s advocacy, leadership and friendship will be missed but not forgotten.

Advancing Indigenous innovation and alliances at ASU Law

Posted on February 25, 2023 by dwilliams

On Feb. 21, the Indian Legal Program hosted a meeting between Tribal leaders and representatives and the United States Patent and Trademark Office (USPTO) to develop collaborations to support innovation in Indian Country. Kathi Vidal, Under Secretary of Commerce for Intellectual Property & Director of the United States Patent and Trademark Office (USPTO) attended, along with Lead Judge Georgianna Braden of the Patent Trial and Appeals Board, and Attorney Advisor Susan Anthony of the USPTO Office of Policy and International Affairs. Racquel Black of Change Labs provided they keynote presentation. The Tribes and the USPTO discussed new programs to advance creativity and innovation on Tribal lands while respecting Tribal sovereignty, especially over traditional knowledge, cultural expressions, and genetic resources.

We extend our thanks to the USPTO, the Navajo Nation Division of Economic Development, the Pascua Yaqui Tribe and the McCarthy Institute for their support of the Indian Legal Program’s efforts to promote Indigenous innovation.

ILP alum receives ABA Spirit of Excellence award

Posted on February 11, 2023 by dwilliams

On Feb. 4, Diandra Benally (’05) was awarded the American Bar Association’s 2023 Spirit of Excellence award. This title is awarded annually to legal professionals that demonstrate excellence and commitment to diversity in law.

Diandra is the first female general counsel of the Fort McDowell Yavapai Nation, a former special assistant U.S. attorney and former staff attorney with the Navajo Nation Department of Justice. She has also served on the National Native American Bar Association, the Native American Bar Association of Arizona and the Navajo Nation Bar Association.

In a true show of support, some of your ILP family traveled to New Orleans to celebrate an extraordinary recognition. Congratulations, Diandra!

Inclusion power

Posted on January 26, 2023 by dwilliams

Indian Country's representation

On Jan. 10, the Indian Legal Program hosted a special dinner for students to meet Bryan Newland, Assistant Secretary for Indian Affairs in the Department of the Interior. A full year of serving in a prominent position, Assistant Secretary Newland leans on his experiences and centers tribal community as part of the strategy. He understands the challenges Tribes face and the importance of ensuring Indigenous People are protected, included and represented at every level, for every decision.

We were also joined by Secretary Newland’s team who share that vision: Rose Petoskey, Joaquin Gallegos, Stephanie Sfiridis (’16), Sam Kohn, Senior-Counselor to the Assistant Secretary-Indian Affairs and Katherine Isom-Clause, Deputy Assistant Secretary for Policy and Economic Development, as well as Shannon Estenoz, Assistant Secretary for Fish and Wildlife and Parks and Steve Simpson, Senior Attorney with the Solicitor’s Office. ILP students learned about the work the Department of Interior does on behalf of Tribes and how hard each have worked to be in a position where they can drive change.

“Having Assistant Secretary Bryan Newland and his team visit was such an honor,” said 2L Sophie Staires. “What struck me about all of them was the genuine interest they showed in all of us students—who we are, and what we want to do. Talking with them made it easier for me to picture myself in those roles, and I really needed that. Assistant Secretary Newland really impressed upon me that I am right where I need to be, that I am capable and that I will get to where I want to be.”

“It was nice to know that even though law school can be a real challenge sometimes, the opportunities to do great things for Indian Country outweighs that,” said 2L Chelsi Tsosie. “It was quite motivating to relate to someone in a position as high as his.”

Thank you to the Department of the Interior for this special visit. We appreciate all that you do for Indian Country!

Annual gathering

Posted on November 1, 2022 by dwilliams

2022 Navajo Nation Law CLE

On Oct. 21, we held our annual Navajo Nation Law CLE Conference that brought in more than 90 attendees. The day focused on legal issues that affect the Navajo Nation: employment law considerations, torts, Indian Child Welfare Act (ICWA) legal challenges and upcoming Supreme Court case Haaland et. al v. Brackeen, Oklahoma v. Castro-Huerta Supreme Court decision, the practical aspects of the Local Governance Act, and Navajo Fundamental Law dilemmas.

Thank you to our esteemed speakers: Shawn Attakai (’00), Ted Barudin, Director Derrick Beetso (’10), Rodgerick Begay, Kathleen Bowman (’86), Colin Bradley (’14), Troy Eid, Kate Fort, Katya Lancero, Sage Metoxen, April Olson (’06) and Faculty Associate Paul Spruhan.

Thank you to our sponsor Colin Bradley Law, PLLC. We greatly appreciate everyone for joining us this year!

Empowering democracy

Posted on October 26, 2022 by dwilliams

Navajo Nation Presidential Debate led by Navajo students at ASU Law

On Oct. 22, the W. P. Carey Armstrong Great Hall was filled with tribal citizens eager to hear from the two final candidates running for President of the Navajo Nation: current President Jonathan Nez and Dr. Buu Nygren. Director Derrick Beetso (’10) moderated the proceedings while Navajo students and staff announced the questions submitted by the public.

Outstanding work by our ILP students and staff: Program Coordinator Theresa Beaulieu, Beetso, Shandiin Herrera (1L), ILC Law Fellow Cierra Moore (’22), Natalia Sells (2L), Autumn Shone (3L), Chelsi Tsosie (1L) and Senior Program Coordinator Danielle Williams.

We understand the importance of tribal elections and hosting this event gave Arizona’s urban Navajo voters an opportunity to learn about the candidates and their platforms. The ILP has a special scholarship agreement with the Navajo Nation, which offers full tuition scholarship to Navajo students. Currently we have six Navajo students enrolled at ASU Law. If you know of any prospective Navajo student interested in this awesome scholarship opportunity, reach out to us at ilp@asu.edu.

NALSA recognition

Posted on October 11, 2022 by dwilliams

Students awarded NABA-AZ scholarships

On Oct. 8, twelve ASU Native American Law Students Association (NALSA) students received the Native American Bar Association of Arizona (NABA-AZ) Scholarship for their academic achievement at the “NABA-AZ 13th Annual Seven Generations Awards Event and Silent Auction.”

Congratulations to ILP students: Rachel Carroll (2L), Keely Driscoll (1L), Chad Edwards (3L), Autumn Shone (3L), Alexandra Trousdale (2L), Sadie Red Eagle (1L), Natalia Sells (2L), Sophie Staires (2L), Shandiin Herrera (1L), Maryam Salazar (2L), Brittany Habbart (3L) and Kaleb Lester (2L).

We appreciate the continued support from our partners at NABA-AZ.

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.

ILP presents at ASU’s INSPIRE

Posted on July 26, 2022 by dwilliams

Last month, the ILP partnered with ASU’s Office of American Indian Initiatives for its annual INSPIRE program, which provides high school students from tribal nations in Arizona the opportunity to participate in a week-long college readiness program as well as explore various academic focus areas. During the week, students develop academic and personal success strategies through culturally-relevant learning opportunities alongside ASU’s Native staff and faculty. Students participating in the program have the opportunity to join learning communities where they receive instruction in a variety of areas.

We were happy to welcome over 100 Native American high school students to ASU Law. ILP Executive Director Kate Rosier gave a presentation on the history of Indian law and the opportunities available to students who pursue a law degree. Students did a great job in creating their points and delivering their arguments during mock trial exercises.

Throughout the week, Native Vote Fellow Torey Dolan (’19) and Kris Beecher (’20) taught a Law & Policy class at ASU’s Tempe campus. With 15 students in the Law & Policy learning community, Dolan and Beecher taught the students some of the foundations of Federal Indian Law, discussed the history of American Indian Policy, Tribal Law, and about modern Native political movements.

“It was a privilege to be able to spend time with the INSPIRE students and teach them about law and policy,” Dolan said. “I was inspired by their sense of Justice and their knowledge of their own Tribes’ histories and cultures. They came to class knowing a lot and expressed their own visions of how law and policy should be. Their future is bright, and the future of Indian Country is brighter because of them.”

Beecher, who is an attorney at Dickinson Wright stated, “The students’ questions and answers about the law were very insightful and I am excited to see all the things they will accomplish as the next generation of Native American leaders.”

Students ended the week with a showcase where they demonstrated what they learned through posters, poems, and presentations.

We appreciate the Office of American Indian Initiatives for continuing this treasured experience.