The Arizona Project

RENOWNED PLAYWRIGHT ANNA DEAVERE SMITH TO PRESENT NEW WORK INSPIRED BY SUPREME COURT JUSTICE SANDRA DAY O’CONNOR

“The Arizona Project” has been developed through Future Arts Research, a groundbreaking artist research program at Arizona State University

Debut Performances at the Herberger Theater in Phoenix, November 5, 7 and 8 2008

Tickets:
Premium Seating & VIP Post Show Reception – $100
General admission – $25
Student admission – $7

PHOENIX, September 12, 2008 — Award-winning playwright and performer Anna Deavere Smith will debut a new work this November exploring women’s relationships to justice and the law. The Arizona Project is a one-woman play commissioned by Bruce Ferguson, Director of Future Arts Research (F.A.R.), a groundbreaking new artist-driven research program at Arizona State University in Phoenix. Smith is among the artists inaugurating the F.A.R. program, which launched in 2008. The Arizona Project was inspired by an ongoing series of initiatives of the advocacy group Arizona Lawyers Honoring Justice O’Connor.

As in her well known previous works, Smith presents several interwoven monologues in this one-woman performance, drawing verbatim from a series of interviews she conducted over the course of three weeks in 2008. Her work honors the 2006 naming of Arizona State University’s law school for retired Supreme Court Justice Sandra Day O’Connor–the first U.S. law school to be named for a woman.

“Anna Deavere Smith’s incisive, passionate work overlaps multiple genres, including documentary film, journalism, and biography, thus making The Arizona Project an exciting contribution to the inaugural year of F.A.R.,” said Program Director Bruce Ferguson. “Anna’s interdisciplinary approach parallels that of F.A.R., which re-envisions the traditional artist residency as an opportunity for participants to work with multiple departments throughout the university.”

The Arizona Project presents the stories of Justice O’Connor, as well as those of more than 30 women with relationships to the American judicial system, including prison system employees, incarcerated women, female lawyers, activists and others. Without identifying a specific social agenda, The Arizona Project touches upon several contemporary issues through these diverse personal stories, including immigration, domestic violence, and the challenges faced by women living on Native American reservations.

The naming of the Sandra Day O’Connor College of Law at ASU honors Justice O’Connor’s career-long dedication to public service, her intellectual vigor and her sense of fair-mindedness. During the course of her career O’Connor served in all three branches of the Arizona State government, including two terms in the Senate, one as Majority Leader. In 1981 she became the first woman ever to serve on the United States Supreme Court. Her appointment by President Ronald Regan marked a profound shift in the types of professional opportunities available to women on the national stage. During her tenure, O’Connor helped define the balance of power on many of the issues of broadest concern to the nation, including abortion, affirmative action, the death penalty and religion. She retired from the Supreme Court after 24 years of service in 2005.

About Anna Deavere Smith
Writer, performer and teacher Anna Deavere Smith has been a noted figure in American theater for almost two decades. Throughout the course of her career, she has earned acclaim for her investigations of American identities, as well as for her singular performance style. Through the use of social commentary and stimulation of public dialogue, Smith’s work extends beyond the traditional boundaries of the performing arts.

A recipient of the 1996 MacArthur Fellowship, Smith’s best known works include Fires in the Mirror, examining the racial tension between blacks and Jews which culminated in the 1991 riots in Crown Heights, Brooklyn. She received a Drama Desk Award and a Pulitzer Prize nomination for this work. In Twilight: Los Angeles 1992, Smith examined the civil unrest which resulted from the Rodney King verdict in Los Angeles. She also received a Drama Desk award for this work, as well as two Tony Award nominations. Her most recent work, Let Me Down Easy, explores the fragility and resilience of the human body.

Smith has appeared in several films, including Philadelphia and The American President, and has recurring roles on The West Wing and The Practice. She can be seen Spring 2009 in the film Rachael Getting Married with Anne Hathaway. She is also the author of two books, Talk to Me: Travels in Media and Politics (2001), and Letters to a Young Artist: Straight-up Advice on Making a Life in the Arts-For Actors, Performers, Writers, and Artists of Every Kind (2006). She is a tenured professor at the Tisch School of Arts at New York University and teaches courses on the art of listening at the NYU School of Law. She has also taught at Stanford University and the Yale School of Medicine.

About F.A.R.
A groundbreaking artist-driven research program based in downtown Phoenix, F.A.R. (Future Arts Research) will host 20—24 leading national and international artists, critics and scholars each year. Working with an applied-research methodology, participants will collaborate with various departments within the university and work closely with the surrounding community to explore new concepts, test new ideas, and present the results of their research. F.A.R. is an initiative of the university president’s office, independent of the ASU’s Herberger College of the Arts. In its first phase, F.A.R. participants will focus on three areas important to Phoenix: new technologies in the arts; desert aesthetics; and issues of justice and human rights.

“The Arizona Project” will be presented in three performances on November 5, 7 and 8 at the Herberger Theater in Phoenix. Ticket sales begin Sept 29, 2008.

NABA-AZ Student Mixer

The second NABA-AZ/Student Mixer was a huge success! We had a great turnout and were able to award four book scholarships. A special thank you goes out to Vanessa Martinez, Board Member Sonia Nayeri’s sister, for making a generous donation of $1,000 to our organization. This donation was used in NABA-AZ’s first book scholarship program.

The following students were awarded $250 scholarships:

Jordan Hale, Sandra Day O’Connor College of Law, 3L
Michael Carter, Sandra Day O’Connor College of Law, 3L
Robin Commanda, Sandra Day O’Connor College of Law, 1L
Chris Monatukwa, Phoenix School of Law, 1L

Thanks to everyone for coming out to the mixer last night. We had an even bigger turnout than last year and we hope to have this event every year!
Kerry

Kerry Patterson, Esq.Fennemore Craig, P.C.3003 North Central Avenue, Suite 2600Phoenix, Arizona 85012Phone: 602-916-5491Facsimile: 602-916-5691Email: kpatters@fclaw.com

Navajo Nation conduct hearings at College of Law

The Navajo Nation Supreme Court heard arguments on Thursday, Sept. 18, in a special hearing at the Sandra Day O’Connor College of Law at Arizona State University. The case, Ford Motor Co. v. Kayenta District Court, centered on whether tribal courts should have jurisdiction in the wrongful death case in which a Navajo Nation police officer was killed in a car accident while on duty.

Dean Paul Schiff Berman thanked the Justices for holding the hearing at the College of Law and told the students they were privileged to be able to watch a court in action and ask questions afterward.

The Navajo Nation Supreme Court is the first of several courts that will hold hearings at the College of Law this year. Others include the 9th U.S. Circuit Court of Appeals and the Arizona Supreme Court.

The Navajo Nation Supreme Court is of particular interest, Berman said, because it is the court of a sovereign nation, and there often are jurisdictional questions between tribal courts and state and federal courts. “There are 22 tribes that have lands within the state of Arizona,” Berman said. “Virtually all have their own codes and their own courts.”

Herb Yazzie, Chief Justice of the Navajo Nation Supreme Court, and a 1975 graduate of the College of Law, told students that the modern Navajo courts have evolved since the arrival of the Europeans, and continue to evolve today. “First there was the military occupation, then the treaties, then the Bureau of Indian Affairs courts, and it has evolved into the Navajo court system,” Yazzie said. He explained that each of the Navajo Nation’s 11 districts has both district and family courts, and each district has at least one trial judge, some have two. In addition, the Nation continues to use a traditional way of resolving disputes, called peacemaking, in which all parties agree to work out a solution. The peacemaking system was in place before Europeans arrived. Yazzie said the question of whether tribal courts have jurisdiction is nearly constant. “These questions are happening on a day-to-day basis, in reality, in our relationship with the U.S. government,” Yazzie said.

Asked about the peacemaking system, Yazzie explained that Navajo law mandates the use of traditional law and values in the court system, and that the peacemaking system is practiced daily in cases where all the parties agree to participate. Lawyers who practice on the reservation are expected to know the law, he said. “As they say, ‘When in Rome, do as the Romans do,’ ” Yazzie said, drawing a laugh from the audience.

One student asked which court would preside over a conflict between two tribes, and Yazzie said the dispute would have to be resolved between the two sovereign entities. “The bottom line in the use of courts is that you are going to someone else and asking them to make a decision for you,” Yazzie said. “Human beings ought to resolve things between themselves. The best resolution is one you make, not someone else.” Yazzie was joined by Associate Justices Eleanor Shirley and Louise G. Grant to hear the Ford Motor case.
The Navajo Supreme Court helda hearing at the Sandra Day O’Connor Collegeof Law on Thursday, Sept. 18. The case involved a wrongful death claim brought by the Todecheene family. Their daughter, Esther, an officer with the Navajo Department of Public Safety, died when her Ford Expedition patrol vehicle rolled on a dirt road in the Navajo Nation. The vehicle was one of several purchased by the tribe for the department through a dealership in Gallup, N.M. Ford maintains that Todecheene was not wearing her seat belt; her parents say the vehicle was defective, and the seat belt did not work properly.

However, the question at issue at Thursday’s hearing was not the wrongful death claim, but whether the Navajo courts have jurisdiction to hear the case. Ford argues that the Navajo courts lack jurisdiction. The Kayenta District Court on the Navajo Nation ruled that it did have jurisdiction. Ford took the case to federal district court, which ruled the tribal court did not have jurisdiction. The Navajo Nation appealed and the 9th U.S. Circuit Court agreed with the federal district court, then vacated its own ruling and asked Ford to take the case to the Navajo Nation Supreme Court.

The 9th Circuit wanted the Navajo Nation Supreme Court to decide whether an exception applied that would give the Navajo Nation jurisdiction if the actions of a non-Indian “threatens or has some direct effect on the political integrity, the economic security, or the health or welfare of the tribe.” The Navajo Supreme Court also asked the parties to discuss whether the Treaty of 1868 with the United States allows the Navajo Nation to hear the case, and the effect of a recent U.S. Supreme Court opinion in Plains Commerce Bank v. Long Family Land & Cattle Co. Richard Derevan, attorney for Ford, argued that the only issue before the court should be the exception, and that it shouldn’t apply because an automobile accident didn’t constitute a threat to the tribe. The other issues were not argued in the earlier courts and, therefore, should not be allowed at this point in the proceedings, Derevan said.

Yazzie questioned Derevan over his assertion that the death did not affect the political integrity of the Navajo Nation. “If the death of one police officer is not sufficient, then how many must die before it is?” Yazzie asked. Derevan said the case was not a case that threatened the governance of the tribe, and one that could be handled by state or federal courts. Yazzie also asked about how far the family would have to travel to file a claim if the tribal courts were not open to them. Derevan said that the tribe should ask the state and federal courts to hold proceedings closer and more convenient for tribal members. Edward Fitzhugh, attorney for the Todecheene family, said the case had followed “a long, tortured path” to the Navajo Nation Supreme Court. He argued that a police officer is an obvious government operator and that the case does fit the exception. He also argued that Ford actively promoted the sale of vehicles on the reservation, and that it had used the tribal courts for its own purpose, for example, to assist in repossession of cars, and therefore should be subject to its jurisdiction in this case. The court took the matter under advisement and will post its decision on NavajoCourts.org when it is reached.

Below is a link that will take you the audio of the oral argument.
https://deimos.apple.com/WebObjects/Core.woa/BrowsePrivately/asu.edu.1417530170

Language Conference in Rapid City, South Dakota

George Patton (’05) is one of the conference organizers for this historic event. View the website for more details about the conference and how to get involved.
Uniting the Seven Council Fires to Save the Language
Lakota Dakota Nakota Language Summit
November 11, 12, 13, 2008
Ramkota Hotel & Covention Center
Rapid City, SD

Oceti Sakowin – The Seven Council Fires
The Seven Council Fires are the seven bands that make up the Lakota Dakota Nakota Oyate, known today as The Great Sioux Nation.
Mdewakantunwan
Wahpe Kute
Wahpetunwan
Sinsintunwan
Ihanktunwan
Ihanktunwanna – Includes Stoney/Assiniboine
Tintatuwan

Today members of these bands are located on reservations and reserves in South Dakota, North Dakota, Minnesota, Montana, Nebraska, Alberta, Manitoba, and Saskatchewan.
Tatanka Iyotaka – Sitting Bull

The last major gathering of the Oceti Sakowin was in 1876. It was Sitting Bull that brought the people together to live the traditional way of life that had been given them by their ancestors. During this gathering of the people, George A. Custer and the 7th Cavalry attacked their peaceful camp and were quickly wiped out by men and women as they defended their homes, their children, their elders, and their way of life.

Today, 130 years later we’re asking Tatanka Iyotaka to once again unite the Seven Council Fires to celebrate and defend our way of life by revitalizing our language.

http://www.tuswecatiospaye.org/L_D_N_Language_Summit.html
Click Here to register online now (participant, vendor, sponsor)
Click Here for printable registration forms

To make reservations at the Ramkota Hotel call (605) 343-8550. To get the discount rate of $70.00 per night be sure to let them know you will be staying for the Lakota Dakota Nakota Language Summit

ASU NALSA Golf Tournament

Saturday, November 1, 2008
The Foothills Golf Course
Awahtukee, Phoenix, AZ
7:30 A.M. Shotgun Start

ENTRY FEE: $100 per player
Includes: Green Fees, Cart Fees, Range Balls, 1 Raffle Ticket and Lunch

PRIZES
Longest Drive

Closest to the Pin
Putting Contests
Raffle
Team Placing: Men, Women, And Co-ed

“You’re not really competing with each other; you’re competing against the golf course. . . Golf is a game that is played on a five-inch course – the distance between your ears.” ~Bobby Jones

The Native American Law Student Association (NALSA) at the Arizona State University Sandra Day O’Connor College of Law cordially invites you to participate in its 3rd Annual Golf Tournament to be held on Saturday, November 1st, 2008. The scramble format tourney will take place at The Foothills Golf Course in Awahtukee (Phx.), AZ.

For further information or to request an entry form, please contact:

Brian @ bllewis2@asu.edu

Deadline for entry is Saturday, October 18th, 2008. Players may also enter late up to the day of the event for $120 per player (subject to space availability).

Tournament Sponsorships Available

Register for the IGRA Conference!

Indian Country’s Winning Hand: 20 Years of IGRA
October 16-17, 2008
Radisson Fort McDowell Resort & Casino
Scottsdale/Fountain Hills, Arizona
Visit the conference website to learn more about the conference and registration for the event!
www.law.asu.edu/ILP
Stay the weekend so you can attend NCAI!
65th Annual Convention and Tradeshow
Sunday, October 19, 2008 1:00 PM – Friday, October 24, 2008 1:00 PM
Phoenix Convention Center

Navajo Nation Supreme Court Oral Arguments

Navajo Nation Supreme Court Oral Arguments
Ford Motor Co. v. Kayenta District Court

Thursday, September 18, 2008
10:30 AM — Noon
Great Hall, Sandra Day O’Connor College Of Law

Proper courtroom etiquette must be observed at all times.
Please note that law students have priority seating.

Case Summary
The case concerns Ford Motor Company’s request that the Navajo Nation Supreme Court prevent the Kayenta District Court from hearing a wrongful death case brought by the Todecheene family. The Todecheenes brought the case on behalf of a Navajo police officer who died in a rollover accident on the Navajo Reservation while driving a Navajo Nation police vehicle manufactured by Ford. The Todecheenes allege the vehicle was defective, and seek damages from Ford. The Nation purchased the vehicle from a Ford dealership located in Gallup, New Mexico, a town located outside the Navajo Reservation. The purchase was financed by Ford Motor Credit, a subsidiary of Ford.

Ford argues that the Navajo courts lack jurisdiction to hear the case under Federal Indian law principles. The Kayenta District Court ruled that it had jurisdiction over the lawsuit. Instead of seeking review by the Navajo Supreme Court, Ford filed an action in the federal district court of Arizona to enjoin the Navajo courts from hearing the case. The federal district court ruled there was no jurisdiction, based on United States Supreme Court precedent on the scope of tribal jurisdiction over non-Indians. The Navajo Nation appealed the ruling, and the Ninth Circuit initially affirmed the district court, agreeing that the Navajo courts lacked jurisdiction. However, the Ninth Circuit later vacated that ruling and required Ford to seek review by the Navajo Supreme Court on one issue: whether the Navajo Nation could assert jurisdiction under the second exception of the United States Supreme Court case Montana v. United States, 450 U.S. 544 (1981). That exception recognizes tribal jurisdiction if the actions of a non-Indian “threatens or has some direct effect on the political integrity, the economic security, or the health or welfare of the tribe.” Id. at 566. The Navajo Nation Supreme Court further asked the parties to discuss whether the Treaty of 1868 between the Nation and the United States independently allows the Nation’s courts to hear the case. Finally, the Court requested that the parties brief the Court on the effect, if any, of a recent United States Supreme Court opinion on tribal jurisdiction, Plains Commerce Bank v. Long Family Land & Cattle Co. The Navajo Nation Department of Justice and Susan Rose, a private attorney, filed amicus briefs in the case.

For more information contact:
Kate Rosier at 480-965-6204 or Email kathlene.rosier@asu.edu

Alumni Breakfast – RSVP!

You are invited to attend the ILP’s Alumni and Friends Breakfast!

The breakfast will be held on
THURSDAY, April 10th at 7:30 a.m.
at the Albuquerque Marriott.

This is the first day of the Federal Bar Association’s Indian Law Conference.
Exact location within the Marriott will be announced at a later date. Hope to see you there!

Please RSVP by April 4th to Sunny Larson
at Sunny.Larson@asu.edu or (480) 965-6413.

Indigenous Peoples Consultation – 3/12/08

TONATIERRA Community Development Institute
PO Box 24009
Phoenix, AZ 85074
www.tonatierra.org

February 20, 2008

Dear Relatives,

Good Greetings. On September 13th 2007, the United Nations General Assembly adopted the UN Declaration on the Rights of Indigenous Peoples. A new day has dawned for the Nations of Indigenous Peoples of the world in terms of our legal and political relationship with the government states of the UN system. The Indigenous Peoples of the world are now finally acknowledged for the first time as full members of global society with inherent rights of Self Determination under international law. The passage of the United Nations Declaration on the Rights of Indigenous Peoples by the UN General Assembly addresses both individual and collective rights, cultural rights and identity, rights to education, health, employment, language and Treaty Rights. Some have called this historic Declaration, which came about after decades of work within the UN system by generations of native leaders from around the world working together, as a Magna Carta for the Indigenous Peoples. For the first time, Indigenous Peoples are officially recognized as “equal to all other peoples..” What are the implications of the Declaration in terms of domestic policies of the US government towards Native American constituencies? What are the implications for the Indian Nations and Tribes of Arizona? We invite you to attend an Indigenous Peoples Consultation, which will take place on Wednesday March 12th, 2008 at the Arizona State Capitol from 10:00 AM to 12:00 noon to dialogue on these questions. Present will be Ms. Tonya Gonnella Frichner, Onondaga Nation – Haudenosaunee Six Nations Confederacy. Ms. Gonella Frichner is current regional representative of North America for the United Nations Permanent Forum on Indigenous Issues. A special presentation of the UN Declaration on the Rights of Indigenous Peoples to dignitaries of the State of Arizona is planned during the Indigenous Peoples Consultation. Please consider attending this historic gathering. If you have questions regarding the Consultation, or would like to assist or support in any way with this event, please contact: Mr. Albert Tom, Arizona House of Representatives (602) 926-5862; Shannon Rivers (480) 220-6766; or Tupac Enrique (602) 466-8367. Email: chantlaca@aol.com. Thank you for your kind consideration.

Tupac Enrique Acosta,
YaotachcauhTlahtokan Nahuacalli
TONATIERRA