ILP Alumni & Friends Breakfast – 4/10/08

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.

National NALSA Moot Court – Winners and Thank you!

Thank you all of the judges who volunteered their time and donors who financially supported the students to make this competition a success. We appreciate all you gave us. Thanks again for supporting the students.

16th Annual NNALSA Moot Court Competition
February 21-23, 2008
Hosted by Arizona State University and the University of Arizona

Best Advocate
1st
Kim Garelick and Steven Foster
Oklahoma City University

2nd
Edward Hu and Derek Kauanoe
University of Hawai’i

3rd
Anosh Yaqoob and Scott Hovey
University of Hawai’i

Best Oralist
1st
Anosh Yaqoob
University of Hawai’i

2nd
Alex Hagen
University of South Dakota

3rd
Steven Foster
Oklahoma City University

Best Brief
1st
Moani Crowell and Greg Schlais
University of Hawai’i

2nd
Kim Garelick and Steven Foster
Oklahoma City University

3rd
Novaline Wilson and Alicia Ivory
Michigan State University

A special thanks to Nikki Borchardt for arranging all social events on behalf of this year’s host schools.

Needed: Moot Court Judges

NNALSA needs volunteers to serve as oral argument judges for the NNALSA Moot Court competition being held at ASU Law School on Feb. 21-23. NNALSA is in dire need of judges on Thursday and Friday, but judges are also still needed for Saturday. The competition rounds are listed below. Please sign up for as many rounds as possible. Send your responses to Matt Campbell at mcampbe4@asu.edu. Please forward this request to your coworkers and other attorneys.

16th Annual NNALSA Moot Court Competition Schedule

Thursday:

Registration — 10am-12pm
Orientation — 12:30- 1:30
Round One, Heat One – 2pm-3:30pm
Round One, Heat Two – 3:30pm-5pm
Feast N’ Fest – Night time (Maybe 6 or 7is)

Friday:

Round 2, Heat One – 8am-9:30am
Round 2, Heat Two – 9:30am-11am
Round 3, Heat One – 2pm-3:30pm
Round 3, Heat Two – 3:30pm-5pm
Heard Museum Banquets — 8pm-10pm (Bus Holding 55 leaves Hotel at 7:15pm)

Saturday:

Sweet 16 — 8am-9:30am

Elite 8 — 10am — 11:30am

Final Four — 1pm-2:30pm

Final Argument — 3:30pm-5:30pm

Awards Banquet — 7pm-9pm

NALSA Moot Court Article in Indian Country Today

Arizona Indian law students host 2008 Moot Court Competition
Posted: January 30, 2008
by: Patti Jo King

TEMPE, Ariz. – The National Native American Law Students Association chapters at the Arizona State University Sandra Day O’Connor College of Law and the University of Arizona James E. Rogers College of Law are sponsoring the 16th annual NNALSA Moot Court Competition in Tempe Feb. 21 – 23. The competition gives NNALSA members an opportunity to enhance their student legal expertise. ”Moot” is an Anglo-Saxon term that means ”meeting.” During a town meeting, or moot, matters concerning the town were often debated. Consequently, the word ”moot” came to refer to an arguable or debatable point. Today, moot courts are frequently held to help law students in the practice of presenting oral arguments and written briefs. In a moot court, students argue the intricacies of a point of law of current interest, submitting legal briefs and constructing oral arguments. Practicing attorneys trained in Indian law encounter a wide variety of issues and problems on a daily basis, from domestic matters to business transactions and complex jurisdictional questions. Considering problems that are currently being debated in tribal law today is part of the moot exercise. The problem for the upcoming moot court competition was proposed by then-ASU law and American Indian studies professor Kevin Gover, member of the Pawnee Tribe of Oklahoma and current director of the National Museum of the American Indian in Washington, D.C. The debate deals with a dispute between a tribe and an incorporated municipality that both seek to apply zoning laws to a parcel of free land located within a reservation. Students may enter the competition as individuals or in teams; however, participation is limited to law schools with active NNALSA chapters. Students will compete in six elimination rounds during which they will argue for the appellant petitioner. At the conclusion of each level of rounds, cumulative scores with be assessed. Winners will be selected according to the scores they receive on their participation. Judges will assign scores reflecting the student or teams’ preparation and familiarity with the facts of the case under consideration; the structure of legal arguments and knowledge of pertinent laws; their organization, presentation and speaking ability; and their persuasiveness and courtroom etiquette. Awards will be presented for Best Brief, Best Individual Oralist and Best Advocate. The Native law programs at ASU and UA have been hailed as top programs in the field. The ASU Indian Legal program was established in 1988 to train Indian law students and promote an understanding of the differences between the legal systems of Indian nations and the United States. The Indigenous Peoples Law and Policy program at UA is widely recognized as one of the world’s leading academic centers of learning for the study of indigenous laws and human rights. Both programs seek to prepare student lawyers who are looking for a satisfying career in public service for tribal governments to meet unique Native legal challenges. NNALSA was established in 1970 to support Native students in law school and promote the study of federal Indian law, tribal law and traditional forms of governance. It strives to reach out to American Indian communities, encourage Native people to pursue legal education and educate the legal community about American Indian legal issues. The annual moot court competition is just one of many services the organization provides for its members. Matt Campbell, vice president of ASU’s NNALSA chapter, is the organizer of this year’s competition. He said the moot competition is an important annual event for Indian law students. ”This event will enhance substantive knowledge in the fields of federal Indian law, tribal law and traditional forms of governance, and will bring together students, judges, attorneys and scholars from across the country. It is a wonderful opportunity for Native students to compete, network and share ideas about the dynamic field of Indian law.” According to tribal law scholars Frank Pommersheim and John P. LaVelle, who have written extensively about American Indian law, the competence and maturity of tribal courts have improved considerably in the past 25 years. The critical need for Indian law experts has increased, especially in light of new economic development in Indian country and other legal complexities Native people face today. Accordingly, the number of students entering the challenging field of tribal law has increased as well. Moot court competitions are one way of enhancing student legal expertise. The particulars of the moot problem can be viewed on the NNALSA Web site at www.nationalnalsa.org. For further information about competition registration and application deadlines, e-mail Campbell at mcampbe4@asu.edu.

Washburn public Lecture

American Indians, Crime, and the Law:
Five Years of Scholarship on Criminal Justice in Indian Country

William C. Canby Distinguished Scholar in Residence Lecture

Presented by Kevin K. Washburn

Introduction by the Honorable William C. Canby, Sr. Judge, United States Court of Appeals for the Ninth Circuit.

Commentary by Diane J. Humetewa, U.S. Attorney for Arizona and Jon M. Sands, Federal Public Defender for the District of Arizona.

Reception will follow. If you plan to attend, we would appreciate if you registered at no charge. Thank You.

Arizona State University Sandra Day O’Connor College of Law — Great Hall

McAllister Avenue & Terrace Road, Tempe, AZ 85287-7906

January 24, 2008

4:30 pm — 6:00 pm

Professor Kevin K. Washburn teaches administrative law, gaming law, American Indian law, and other courses at the University of Minnesota Law School. Professor Washburn earned his law degree from the Yale Law School in 1993, where he served as Editor-in-Chief of the Yale Journal on Regulation. Following law school, Professor Washburn clerked for Judge William C. Canby, Jr., of the United States Court of Appeals for the Ninth Circuit. Professor Washburn began his career with the United States Department of Justice, litigating cases involving Indian tribes, mostly in the context of environmental and natural resources law, in federal district and appellate courts throughout the Western United States. He also worked as a federal prosecutor in New Mexico, where he prosecuted (primarily) violent crimes arising in Indian country. In 2000, Professor Washburn became the General Counsel of the National Indian Gaming Commission, the independent federal regulatory agency that regulates Indian gaming nationwide. He served in that role until he joined the University of Minnesota Law School in the Fall of 2002. Professor Washburn is an enrolled member of the Chickasaw Nation of Oklahoma. During the 2007-08 school year he is serving as the Onedia Nation Visiting Associate Professor of Law at Harvard Law School, where he is taching gaming law, first year criminal law and American Indian law.

New Course to help students with Bar Exam

A new course designed to help law students improve their performance on the Arizona Bar Exam has been organized for next semester by Professor Michael Berch of the Sandra Day O’Connor College of Law.

Passage of the grueling Bar Exam is required before law-school graduates are allowed to practice law and is usually taken late in the summer after graduation. “This course was put together in response to requests by the third-year law students,” Berch said. “They have wanted something like this for a long time. We will look at the past five years of bar exams and, when we find a pattern of questions, we’ll be highlighting those patterns.”

The free, non-credit course will be taught by Berch and 16 other law professors and adjuncts. It will meet from 3:30-6 p.m. on Fridays, beginning Jan. 18, and requires no registration. Third-year law students who will graduate in May, first- and second-year students who want a preview of exam preparation, as well as any previous graduates still preparing to take the exam, are all welcome to attend. Each session will give an overview of a section of the bar, including real property, Constitutional law, evidence, community property, torts, criminal procedure/constitutional aspects, criminal law, contracts, professional responsibility, trusts and wills, civil procedure and corporations, partnerships and other business organizations. A four-person panel will discuss studying for the bar. Students can come to one session or all.

Professor Alan Matheson said his session will cover the basics of Arizona community property law, including the difference between community property and separate property for married persons; management and control for each spouse; community debts and separate debts; pensions; insurance; division of assets at death and at divorce; joint tenancy and its relationship to community property; joinder; gifts; duty to spouses; and other issues. “For those who have already taken the community property course, this will be a review,” Matheson said. “For others, it will be an introduction to this important area of the law that is on the Arizona Bar Examination at each offering.”

Professor Bob Bartels will cover evidence. “I think it should be possible to identify and discuss some points about how to approach bar-exam evidence questions that will add to the standard bar-review lectures,” Bartels said.

Professor Gary Lowenthal will cover substantive criminal law. “This is one of the core subjects on both the essay and the multistate portions of the bar exam,” Lowenthal said. “This course will provide students with a valuable framework for the bar exam, and will give them a strategic advantage when they begin to study for the bar during the summer.”

Berch said the course is not intended to replace the more intense bar review courses offered by private companies, but instead would supplement those courses. “The bar-prep courses are often straight lectures, and I hope these will be more interactive, allowing students to ask questions,” Berch said.

The schedule is:

  • Jan. 18 – Civil Procedure – Michael Berch
  • Jan. 25 – Real Property – Jones Osborn
  • Feb. 1 – Corporations, Partnerships & Other Business Organizations – Myles Lynk
  • Feb. 8 – Studying for the Bar Exam –
    Art Hinshaw, Chad Noreuil, Rebecca Berch and Corie Rosen
  • Feb. 15 – Constitutional Law/Arizona and Federal – Paul Bender
  • Feb. 22 – Contracts – Jonathan Rose
  • Feb. 29 – Community Property – Alan Matheson
  • March 7 – Torts – Betsy Grey
  • March 14 – No class – Spring Break
  • March 21 – Criminal Procedure/Constitutional Aspects – Carissa Hessick
  • March 28 – Criminal Law – Gary Lowenthal
  • April 4 – Trusts & Wills – John Becker
  • April 11 – Professional Responsibility – John Tuchi
  • April 18 – Evidence – Bob Bartels
  • A Uniform Commercial Code course offered by Dale Furnish will be announced at a later date.