Robert Clinton Robert Clinton, professor of law and an affiliated faculty member of the American Indian Studies Program at Arizona State University, recently spoke on the history of federal Indian policy at Stewards in Leadership: Timeless Traditions in a Digital World, ASU’s annual conference for newly elected Native American officials.

The conference, held April 15-16, at ASU’s Memorial Union, was sponsored by ASU’s American Indian Newly Elected Officials program and provided experience-based lessons designed for elected and appointed tribal leaders and key tribal government staff.

Presented from a uniquely Native worldview, this program brought together outstanding respected leaders like Ivan Makil, former President of the Salt River Pima-Maricopa Indian Community, and Jacob Moore, Tribal Relations Coordinator, ASU Office of Public Affairs, who shared their experience, stories and wisdom with new generations of leaders.

Participants gained a better understanding of the unique and complex world of responsibilities bestowed on those who bear the mantle of leadership. They also learned how to make traditional cultural values a more effective part of the decision-making process to determine the future of Indian Country in a contemporary world. Participants discussed strategies that can enrich their own lives and the lives of their people and communities.

Clinton also serves as Chief Justice of the Winnebago Supreme Court and as an Associate Justice of the Cheyenne River Sioux Tribal Court of Appeals, the Colorado River Indian Tribes Court of Appeals, the Hualapai Tribal Court of Appeals, and the Hopi Court of Appeals. He also has served as a temporary judge or arbitrator for other tribes and as an expert witness or consultant in Indian law and cyberlaw cases.

He teaches and writes about federal Indian law, tribal law, Native American history, constitutional law, federal courts, cyberspace law, copyrights, and civil procedure.

Carl Artman Carl J. Artman, director of the Economic Development in Indian Country Program, has contributed a chapter, “Attorney as Facilitator: Working Through Economic Development, Energy, and Environmental Issues,” to the recently published book, Emerging Issues in Tribal-State Relations, 2010 ed.: Leading Lawyers on Preserving Tribal Sovereignty, Responding to New Regulations, and Improving the Tribal-State Relationship (Inside the Minds).

“The book provides an authoritative, insider’s perspective on recent trends and developments in tribal law and the role of the attorney in interactions between sovereign nations and the government,” according to a synopsis.

“Featuring partners and shareholders from some of the nation’s leading law firms, this book offers a broad yet comprehensive overview of the most common disputes between Native American tribes and state and local governments and the strategies being utilized to resolve these issues.

“Through analyses of recent and pending case decisions, these leaders review the most controversial issues and new regulations in tribal law today, including law enforcement on tribal lands, tribal sovereign immunity, acquisition of land in trust, protection of natural resources, taxation issues, and Indian gaming.

“The authors weigh the impact of the recent economic crisis on tribes and local governments alike and suggest opportunities for partnership. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to improving tribal and government relationships.

“Inside the Minds provides readers with proven business intelligence from C-Level executives and lawyers (Chairman, CEO, CFO, CMO, Partner) from the world’s most respected companies and firms nationwide. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession, or topic is heading and the most important issues for the future. Each author has been selected based upon their experience and C-level standing within the professional community.”

Artman served as the 10th Assistant Secretary – Indian Affairs for the U.S. Department of the Interior and as the Department’s Associate Solicitor for Indian Affairs. An enrolled member of the Oneida Tribe of Indians of Wisconsin, Artman has worked for his tribe as Director of Federal Affairs, Chief Legal Counsel, and as Chief Operating Officer of an Oneida Tribe-owned telecommunications venture.

Two works by Rebecca Tsosie have recently been published.

“Climate Change, Sustainability, and Globalization: Charting the Future of Indigenous Environmental Self-Determination,” published in a symposium issue of the Houston Environmental & Energy Law & Policy Journal, focuses on one important consequence of global climate change: the possibility that entire cultures and communities could be wiped out or forced to relocate. However, in the same way that policy-making cost-benefit analyses often ignore the claims of future generations, Rebecca argues that they also tend to ignore rights or duties related to the survival of indigenous communities. Accordingly, she explores reforms to nation-state and international governance structures to effectuate such interests, while noting that many traditional ethical constructs associated with native populations–seeking continuity over time, emphasizing preservation of heritage, focusing on stewardship of the earth, protecting the existence of future generations, and so on–should be core components of a contemporary system of environmental ethics.

Cultural heritage is also the topic of “Who Controls Native Cultural Heritage?: ‘Art,’ ‘Artifacts,’ and the Right to Cultural Survival,” a chapter in a new book, “Cultural Heritage Issues: The Legacy of Conquest, Colonization, and Commerce” (edited by James A.R. Nafziger & Ann M. Nicgorski). Here Rebecca observes that native peoples’ cultural claims are often viewed by the legal system as less cognizable than those that are at least sometimes protected under the rubrics of “religious freedom” or “cultural property.” According to Rebecca, this differential treatment stems in part from very different conceptions of ideas such as “art,” “culture,” “history,” and “discovery.” Thus, she argues for a more pluralist framework for understanding cultural claims, one that would see federal courts and tribal courts working in tandem to articulate and define the scope of cultural rights.

Lawmaker: Restrict profit from tribal ceremonies
By JONATHAN J. COOPER and FELICIA FONSECA
The Associated PressTuesday, January 19, 2010

PHOENIX – An Arizona lawmaker introduced a bill Tuesday to regulate the use of traditional Native American practices after three people died last year in a northern Arizona sweat lodge ceremony.The measure from Sen. Albert Hale, D-St. Michaels, seeks to sanction the use of Native American ceremonies off tribal land for profit without permission.Self-help guru James Arthur Ray charged people more than $9,000 each to attend his five-day “Spiritual Warrior” retreat near Sedona that culminated in a sweat lodge ceremony on Oct. 8. Participants said they trusted that Ray, who touted training under a Native American shaman, knew what he was doing.Three people died and 18 others were hospitalized after becoming overwhelmed in the 415 square-foot sweat lodge that was covered with tarps and blankets. The deaths and illnesses sparked outrage among American Indians, who drew distinctions between what Ray did and what would be considered a traditional Native American sweat lodge.Hale, a member and former president of the Navajo tribe, said the bill is partly an effort to protect people from false advertising.”This process has been a perversion of our traditional ways,” he said. “The dominant society has taken all that we have: Our land, our water, our language, and now they’re trying to take our way of life.”The Yavapai County sheriff’s office has focused a homicide investigation on Ray, who has made millions of dollars by convincing people his words will lead them to spiritual and financial wealth. Ray has hired an investigative team to find out what happened, and his lawyer said the deaths were the result of a tragic accident, not criminal negligence.Hale’s proposed restrictions would not apply to ceremonies taking place on tribal land or with the authorization of a tribal government.It’s unclear exactly how the law would be enforced. The bill leaves those details up to the Arizona Department of Health Services and the Arizona Commission of Indian Affairs, but Hale said a violation would likely be a civil offense similar to a traffic ticket.

Carl Artman, an Indian law professor at Arizona State University, said the bill opens the door for protections similar to those for Native American arts and artifacts. Any regulations should be a balance between a tribe’s culture, spirituality and history, and an individual’s First Amendment rights, he said.”If passed, it will be how the regulations are written that we’ll see if it has staying power and benefits for the tribes,” he said. If nothing else, Artman said the bill would force a discussion on the issue.

Sweat lodges are commonly used by Native American tribes to cleanse the body and prepare for hunts, ceremonies and other events. They typically hold no more than a dozen people, compared with more than 50 people inside the one led by Ray. The ceremony involves stones heated up outside the lodge, brought inside and placed in a pit. The door is closed, and water is poured on the stones, producing heat aimed at releasing toxins in the body. In traditional ceremonies, the person who pours the water is said to have an innate sense about the conditions of others inside the sweat lodge, many times recognizing problems before they physically are presented.”We need to be respected,” Navajo Nation President Joe Shirley Jr. said. “Our ways cannot be abused.”

Carl Artman testified at an oversight hearing on Wednesday, December 9th.

Where’s the Trustee? Department of Interior Backlogs Prevent Tribes from Using their Lands View Webcast

WitnessesPanel 1MR. GEORGE SKIBINE Acting Principal Deputy Assistant Secretary for Indian Affairs, U.S. Department of the Interior, Washington, DC Accompanied by: MS. VICKI FORREST, Deputy Bureau Director for TrustServices, Ll.S. Department of the Interior, Washington, DC

Panel 2MR. CARL J. ARTMAN Esquire, Professor of Practice, Sandra Day O’Connor College of Law, Arizona State University, Tempe, Arizona

THE HONORABLE DEREK BAILEY Chairman, Grand Traverse Band of Ottawa and Chippewa Indians, Peshawbestown, Michigan

Robert Clinton Professor Robert Clinton was quoted in The New York Times and The Arizona Republic in articles about the historic multi-billion dollar settlement of a 13-year-old lawsuit filed over mismanagement of the American Indian trust funds.

The Dec. 9 article in The New York Times, by reporter Charlie Savage, called the lawsuit “one of the largest and most complicated class-action lawsuits ever brought against the United States.” It involved hundreds of thousands of land trust accounts that date to the 19th century.
The lawsuit would pay $1.4 billion to compensate Indians for claims of historical irregularities, and use $3 billion to buy back portions of land that have been fractionalized over several generations.

As Savage explained in his article, one 40-acre parcel today has 439 owners, most of whom receive less than $1 a year in income from it. The parcel is valued at about $20,000, but costs the government more than $40,000 a year to administer those trusts.

Savage quoted Clinton as saying that the settlement alone will not resolve the trust problem because many of the heirs who own tiny interests in parcels may not be willing to sell them.
Read The New York Times article here.

On November 4th, Professor Patty Ferguson-Bohnee testified before the U.S. Senate Committee on Indian Affairs, at an oversight hearing on “Fixing the Federal Acknowledgment Process.” She did an outstanding job and everyone here at the Indian Legal Program and Indian Legal Clinic is extremely proud to have her as a colleague. Watch her testimony at http://www.law.asu.edu/?id=2102