Category Archives: Professors

ILP students compete in UCLA Moot Court

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ILP students Chad Edwards (3L), Samir Grover (2L), Ryan Maxey (3L) and Chanel Simon (3L) competed in the UCLA Williams Institute Moot Court Competition. The competition is the only moot court competition dedicated exclusively to gender and sexuality that involved competitors from across the country. Students prepared an appellate brief on the constitutionality of a hypothetical ban on conversion therapy and gender affirming care under the first and fourteenth amendments. On March 11, ILP teams had the opportunity to argue both sides of the issue at UCLA.

“Being involved with a moot court competition provides a complementary experience to law school classes,” said Simon. “I would recommend future ILP and NALSA students to participate in the competition because it gives you the chance to apply your writing and public speaking skills, while also learning how to improve those skills with feedback from professors, classmates, and volunteer judges. Moot court competitions also provide the opportunity to travel and meet law students from across the country.”

Thank you to our coaches, Faculty Director Patty Ferguson-Bohnee and Native Vote Fellows Torey Dolan (’19) and Blair Tarman-Toner (’21), and volunteer judges for helping them prepare.

Learning in Alaska

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Partnership expands ILP Traveling Class

For spring break, 29 ASU Law students traveled to Anchorage, Alaska for the ILP traveling class Alaska Native Legal Issues and Solutions. 

ASU Law and the Indian Legal Program (ILP) partnered with the Alaska Native Justice Center (ANJC) and the Cook Inlet Tribal Council, Inc. to offer this course. Alex Cleghorn, ANJC’s senior legal and policy director co-taught the class with Dean Stacy Leeds.

This week-long class exposed students to the culture, environment and unique legal issues of Alaska Native communities. Guest speakers, including ILP alumni Maude Blair (’02), Charlie Galbraith (’06) and Liz Medicine Crow (’05), presented on panels to share their insight and expertise. “What mostly resonated with me was applying a forward-looking approach to changing legislation instead of relying on legislative history to advocate for Native peoples,” said Maryam Salazar (2L).

On top of her course schedule and assignments, Ravynn Nothstine (3L)  documented and shared her experience. 

Read more in this ASU News article: Spring break trip to Alaska provides ASU students with firsthand look at Indigenous law

We appreciate our partners, hosts, presenters and alumni for making this an enriching experience. Thank you to our students, faculty and staff for documenting the first ILP traveling class in Alaska!

Johnson v. M’Intosh

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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.

ASU Indian Legal Clinic filed Amicus Brief

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On Feb. 8, the Indian Legal Clinic (ILC) filed an amicus brief on behalf of the Diné Hataałii Association in Arizona v. Navajo Nation. The U.S. Supreme Court will hear arguments on Monday, March 20, 2023. Congratulations to ILC Faculty Director Patty Ferguson-Bohnee, Director Derrick Beetso (’10) and ILP students Clayton Kinsey (2L), Maryam Salazar (2L), Natalia Sells (2L) and Chelsi Tsosie (2L) for their efforts in drafting the brief. We also appreciate Law Fellow Honore Callingham (’18) for her assistance in preparing the brief for filing.

The brief informs the Court on traditional Diné principles that support the Navajo Nation’s position. The team is humbled the Hataałiis, as the stewards of this sacred knowledge, entrusted the Indian Legal Clinic to represent their interest, and hope the brief helps the Court better understand the Navajo Nation’s treaties with the United States and how the Navajo signatories would have understood them.

“As a Diné law student, this case pertains to an issue that affects my family, my home, and my culture,” said Chelsi. “Knowing that and having the opportunity to assist in preparing an amicus brief that conveys the Diné perspective − the way we view the world and natural law around us − to the Court is an experience that will stay with me forever.” 

Tribal citizens served by the Indian Legal Clinic students

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Student attorneys from the Indian Legal Clinic’s Wills and Probate class recently helped fourteen tribal citizens of the Quechan Indian Tribe with their estate planning needs. Students met with clients one on one to determine each person’s wishes so tailored wills and powers of attorney could be drafted for them. The clients were members of the Quechan Indian Tribe who needed an “Indian will,” which is a will drafted to conform to the American Indian Probate Reforms Act’s requirements for bequeathing trust or restricted land (i.e., allotments). 

 “Participating in the clinic gave me invaluable experience in drafting wills and building client relationships,” said student attorney Joe Wilwerding (2L). “The wills clinics opened my eyes to the large need for those who know how to draft Indian wills to keep Native lands in the hands of the people to which they belong,” added Courtney Kamauoha (3L). 

Collectively, a total of 28 wills and health care powers of attorney were executed during the wills clinic. The student attorneys were supervised by Professor Helen Burtis (’07), and two volunteer attorneys from Rosette, LLP: Jim Palmer (’04) and Daniel Ray.  

ILC’s 10th successful Indian Wills Clinic

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In late September and early October, Professor Helen Burtis (’07), Samir Grover (2L), Erin Jenkins (2L), Courtney Kamauoha (3L), Molly Lathrop (3L), Julia Weiss (2L) and Joseph Wilwerding (2L) traveled to the Temecula Valley, California and met with 16 clients to prepare wills and health care powers of attorney for members of the Pechanga Band of Indians. Altogether, 28 estate planning documents were prepared. At the end of the two-day event, 14 members left with estate documents valid under Pechanga Band, federal, and California law. 

“The wills clinic was such a great way to take our classroom knowledge and translate it into real world experience,” Jenkins said. “I felt like I was really making a difference in the lives of the wills clinic participants.”

Prior to the wills clinic proceedings, Pechanga Band administrators provided a seminar for tribal members about financial planning in general. One of the seminar topics included the importance of having an estate plan.  

After the financial planning seminar, Pechanga Band administrators publicized the wills clinic and signed up members who were interested. The administrators also obtained the necessary Bureau of Indian Affairs paperwork for the client and arranged the logistics for the proceedings.

Attorneys from the Escondido Office of the California Indian Legal Services also assisted by teaching the estate planning section of the Pechanga Band’s financial planning seminar, by reviewing the legal documents for conformance to California law ahead of the clinic, and by assisting with the supervision of the students on site during the clinic. 

The ILC is very grateful for the support and assistance from everyone involved to ensure its success. Finally, many thanks to the notaries and witnesses who made the signing ceremonies for each of the clients possible. This year, we were honored to have Pechanga Band Rangers and Safety Officers among our witnesses! 

The Aftermath of Castro-Huerta

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On July 7, ASU Law’s Indian Legal Program and Indian Gaming and Tribal Self-Governance programs hosted a virtual event – Oklahoma v. Castro-Huerta: Rebalancing Federal-State-Tribal Power. 

Oklahoma v. Castro-Huerta is the most recent federal Indian law case decided by the U.S. Supreme Court and held that states share concurrent jurisdiction with the federal government in prosecuting crimes committed by non-Indians against Indian victims in Indian country. The majority decision, authored by Justice Brett Kavanaugh, departs significantly from earlier principles and precedent in this area and the panel discussed their thoughts on what this decision means on the ground for Indian tribes. 

The event was moderated by Derrick Beetso (’10), Indian Gaming and Tribal Self-Governance Director, and included a fantastic lineup of Native leaders in academia: Kevin Washburn, Dean of Iowa Law School; Professor Stacy Leeds, ASU’s Foundation Professor of Law and Leadership; and Professor Robert Miller, ASU’s Willard H. Pedrick Distinguished Research Scholar and ASU Faculty Director of the Rosette LLP American Indian Economic Development Program.

The ILP and the Indian Gaming and Tribal Self-Governance programs thank each of our panelists for their time and for sharing their views on this case, and we thank all those who tuned in to listen to this discussion. If you missed the webinar, you may watch the recording. 

On this topic, our expert faculty contributed to the national conversation happening in the media.

“Wednesday’s decision removes the jurisdictional boundaries of tribal sovereignty that have kept state and local police from entering tribal lands in some cases,” said Leeds to NBC News. Leeds’ legal expertise was also featured in KOSU, Reuters,Bloomberg Law and U.S. News & World Report.

“It will have an impact in Indian Country, so only the future will tell us if it’s good or not,” said Miller in an Associated Press news article. Miller also spoke to the Arizona Republic, saying: “Supreme Court rulings could weaken tribal jurisdiction and sovereignty.”

“Through this opinion, Kavanaugh rallied his cavalry of five to perform the modern version of slashing and burning peaceful Native communities and their resources and provisions to the ground,” Beetso wrote in his Indianz.com op-ed, “SCOTUS’ Decision in Oklahoma v. Castro-Huerta Departs Wildly from U.S. Constitution.”

Brilliant Success

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Gathering of Indigenous Legal Scholars

On Dec. 8-9, the ILP and the Native Nations Law and Policy Center at UCLA School of Law teamed up and welcomed current and future Indigenous law faculty from across the country to participate in the “Gathering of Indigenous Legal Scholars” at ASU Law. The purpose of this gathering was to cultivate a community of support for current and future legal scholars across the fields of federal Indian law and tribal law.
On the first day, four emerging Indigenous scholars presented their research to the 25 Indigenous law professors in attendance. The faculty then presented a hybrid-format webinar, “Launching Your Academic Career,” to share knowledge, tips and advice for entering the academic job market. On day two, junior and senior faculty in the field shared their current research with one another. 

The overall event highlighted just how robust scholarship in the field of Indigenous law has become, and how important rigorous legal research is to Indigenous peoples and the development of law and legal systems intended to meet their needs. The event built on previous gatherings for emerging Indigenous faculty organized by senior Indigenous scholars, including Professor Robert J. Miller. 

We are delighted that five ILP affiliates participated: Native Vote Fellow Torey Dolan (’19) presented “Reviving the Promises of the Indian Citizenship Act: Congress’ Trust Obligations to Protect the Native Vote,” Professor Patty Ferguson-Bohnee presented “Self-Determination in a Sinking Basin,” Professor Stacy Leeds presented “Essentials of Going on the Legal-Academic Job Market”, Professor Miller served on the roundtable “Developing Your Research Agenda” and Professor Trevor Reed presented “Restorative Licensing.”

We appreciate our co-host the Native Nations Law and Policy Center at UCLA School of Law and all participants for making this a successful event.

We Conquered

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On Oct. 11, we held a free one-hour webinar “Conquering Columbus: Dismantling the Doctrine of Discovery.”

We appreciate our panel experts—Native Vote Fellow Torey Dolan (’19), Sarah Augustine, Douglas Lind and Professor Robert J. Miller—for leading this rising awareness discussion and helping ensure the academic landscape represents Indian Country’s full diversity and history at a national scale.

If you missed the webinar, you may watch the recording.

ILP Family legacy

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Native American Heritage Month

ASU's Native American Law Students Association (NALSA) president and 2L Ashleigh Fixico (Muscogee Creek Nation) rocking her mocs

As a team representing 10 tribes at the Sandra Day O’Connor College of Law, the Indian Legal Program aims to educate and celebrate on the ancestral lands of the Akimel O’odham. The program was established 33 years ago by the efforts of two ASU Law students – Gloria Kindig (’89) and LynDee Wells (’89). Over the years, we have excelled and built on that vision and created the Indian Legal Clinic, the Arizona Native Vote Election Protection Project, the Indian Wills Clinic, the Pathway to Law Initiative, the Rosette LLP American Indian Economic Development Program, and the Indian Gaming and Tribal Self-Governance programs.

  • Kate Rosier (Comanche), ILP Executive Director and Assistant Dean of Institutional Progress
  • Patty Ferguson-Bohnee (Pointe-au-Chien), ILP Faculty Director and Indian Legal Clinic Director
  • Professor Robert Miller (Eastern Shawnee), Willard H. Pedrick Distinguished Research Scholar and Director of the Rosette LLP American Indian Economic Development Program
  • Professor Stacy Leeds (Cherokee), Foundation Professor of Law and Leadership
  • Professor Trevor Reed (Hopi), Associate Professor of Law
  • Professor Ann Marie Bledsoe Downes (’94) (Winnebago Tribe of Nebraska), Professor of Practice and Director of the Indian Gaming and Tribal Self-Governance Programs
  • Professor Derrick Beetso (’10) (Navajo), Director of the Indian Gaming and Tribal Self-Governance Programs
  • Professor Helen Burtis (’07), Faculty Associate
  • Professor Lance Morgan (Winnebago Tribe of Nebraska), Faculty Associate
  • Professor Pilar Thomas (Pascua Yaqui Tribe of Arizona), Faculty Associate
  • Danielle Williams (Navajo), Program Coordinator Sr
  • Theresa Beaulieu (Stockbridge-Munsee), Program Coordinator
  • Honore Callingham (’18), Senior Specialist, Indian Legal Clinic
  • Torey Dolan (’19) (Choctaw Nation of Oklahoma), Native Vote Policy Fellow, Indian Legal Clinic
  • Blair Tarman (’21) (Chickasaw), Native Vote Policy Fellow, Indian Legal Clinic

In addition to the JD program, we also offer a Master of Laws (LLM) program and Master of Legal Studies (MLS) program. 

We’ve expanded our presence in Nebraska, California and Washington, D.C. We are a growing network because law is a growing field. Over 375 ILP students have graduated from ASU Law and over 150 received a certificate in Indian Law. 
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Today, we are proud to have 72 students representing 36 tribes: 44 JD, 1 LLM and 27 MLS. 

To our entire ILP family: Happy Native American Heritage Month!