Category Archives: Professors

Progress, Power, Purpose: Patty Ferguson-Bohnee

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Women's History Month

In celebrating “Women’s History Month,” we turned to some of the women of the ILP to shed light on Native women legal professionals and advocates in this Progress, Power, Purpose series. Indian Legal Program Faculty Director, Indian Legal Clinic Director and Professor of Law at ASU Law Patty Ferguson-Bohnee is of the Pointe-au-Chien tribe from Louisiana. In addition to teaching, this formidable force is most known for her continued work on the Arizona Native Vote Election Protection Project, which did Indian Country a great service in the 2020 presidential election, moving closer to a democracy that honors and values Native voters. While the pandemic was not an ideal circumstance, Native Vote took to digital media by storm with interviews, trainings, presentations, collaborations and most notably, the newly created Polling Locator Tool. Read more in Arizona Native Vote Changemakers.

When she’s not leading the charge in Native Vote, Patty is preparing students in her Indian Legal Clinic and promoting diversity and inclusion.

Q: What does your current position entail?
A: I serve as the Director of the Indian Legal Clinic and Faculty Director of the Indian Legal Program at the Sandra Day O’Connor College of Law at ASU.  I am so blessed to be able to work with leading scholars and practitioners in Indian law and Tribal law and motivated students who really care about serving Indian Country.  In the Indian Legal Clinic, the students practice under my bar license.  We work on matters in tribal, state, federal, and international forums.  The cases range from probate, family, criminal and civil litigation, voting rights, code drafting, environment, climate, and status clarification of tribes. My goal is that the students learn useful practical skills and develop a passion for service, while also serving unmet needs for Indian Country.

Q: Were you always interested in this kind of work? 
A: I became interested in law when I participated in mock trial in high school.  However, I became interested in Indian law as an undergraduate student.  I was able to take a Federal Indian Law class as a freshman, and I never looked back. 

Q: What advice do you have for Native American women who want to work in this area? 
A: The sky is the limit!  Although Native American women are the most underrepresented group in the legal profession, Native American women are doing phenomenal work.  Keep in touch with your law school classmates and build a community of support.  Join your local Native American Bar Association and the National Native American Bar Association.   

Q: What is your proudest career moment? 
A: Assisting Four Louisiana Tribes in securing state recognition. 

Q: Is there anything you’ve learned after graduating law school that you wished you learned in class? 
A: Many law students do not learn that there are three sovereigns—the state, the feds, and tribes.  While this might not be harmful in some states, in the southwest, it could lead to malpractice.  It also means that as Native lawyers and practitioners of tribal law and Federal Indian law, we are always teaching—the judges, opposing counsel, co-workers, clients, and others.  At ASU, it is great to have Indian law professors teach first year courses so that they can provide this lens in which to analyze the law.  It makes us all better attorneys and advocates.  Everyone should learn Indian law basics because it transcends all areas of law. 

Q: What is the most valuable lesson you learned in the classroom that has helped you in your career? 
A: I took a few practical courses that served me well. One was environmental litigation, which included drafting briefs and an appellate argument.  The other was mediation clinic, which taught me to listen and provided me tools to help resolve disagreements.   

Q: Who are three Native American women law professionals and/or advocates who should be on our radar right now?

  • Hilary Tompkins: a strong Native American woman, a leader, the first Native American to serve as the Solicitor of the Interior, and someone who has remained humble and genuine.  She is expanding her knowledge base and using this an opportunity to rethink and reframe Indian law issues.  She gave a thoughtful and powerful lecture at last year’s annual Canby Lecture, and I appreciated the time she spent with our students.   
  • Deb Haaland: If confirmed, Deb Haaland will be the first Native American ever appointed to a cabinet position.  Her views on climate change are important to the future of Tribal communities, and the whole country.   
  • Doreen McPaul (’01): Doreen has served in numerous positions – academia, private law firms, tribal in-house counsel, counsel to tribal leadership, and now, Attorney General of the Navajo Nation. Through this journey, she has volunteered, served on numerous boards and bar leadership, speaks on numerous panels, and coordinates educational programs about Indian law and tribal law. She is also the president and founding board member of the Tribal In-House Counsel Association – a much needed forum to support tribal in-house attorneys and advocates. 

Review Patty’s publications:

  • Received the American Bar Association’s 2020 Spirit of Excellence award
  • “How the Native American Vote Continues to be Suppressed” article published in the ABA Vol. 45, No. 1: Voting Rights.
  • Co-authored with James Tucker article “Voting During a Pandemic Vote-By-Mail Challenges for Native Voters”
  • “The History of Indian Voting Rights in Arizona: Overcoming Decades of Voter Suppression” SSRN article
  • “The Impacts of Coastal Erosion on Tribal Cultural Heritage” article published in the SSRN.

Stay tuned for our next Progress, Power, Purpose series.

________

Danielle Williams
Program Coordinator, Indian Legal Program, ASU Law

Progress, Power, Purpose: Diane J. Humetewa (’93)

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Women's History Month

In celebrating “Women’s History Month,” we turned to some of the women of the ILP to shed light on Native women legal professionals and advocates in this Progress, Power, Purpose series. The ILP Family, more specifically, the Native women student population has grown year-to-year and that is in no small part due to Native women representation like ILP alum, Professor of Practice at ASU Law and the U.S. District Court Judge for the District of Arizona, Honorable Diane Humetewa who is the first Native woman to serve on a federal district court.

Q: What does your current position entail? 
A: I am a district court judge presiding over civil and criminal cases filed in federal district court.

Q: Were you always interested in this kind of work?
A: No. It was only after working in the federal court system as a victim’s advocate, and encouragement from attorneys in the U.S. Attorney’s office that I eventually applied to law school. 

Q: What advice do you have for Native American women who want to work in this area?
A: If you want to be a litigator or eventually, a judge, find a way into court (city, state, federal, or tribal court).  That is, by either practicing in a firm or office that enables you to file pleadings, or to appear in court, or to provide pro bono services in court.  That is really the only way to learn the rules, processes and what the expectations of court practitioners are.    

Q: What is your proudest career moment?
A: Watching Senator John McCain introduce my nomination to the Arizona district court on the floor of the United States Senate.  Then watching the vote. 

Q: Is there anything you’ve learned after graduating law school that you wished you learned in class? 
A: That the study of law and actual practice of law are two different things.

Q: What is the most valuable lesson you learned in the classroom that has helped you in your career?  
A: My opinions and experiences were just as valuable as everyone else’s.  So, I should not hesitate to share them.

Q: Who are three Native American women law professionals and/or advocates who should be on our radar right now?
A: There are more than just three. Each year, I learn of women breaking barriers as law school deans, in administrative agencies or in the public or private sector who are doing tremendous legal work and being great mentors.  It is so great to see such growth and opportunity over my lifetime.

Q: Your favorite law school memory.
A: Finding new and lasting friendships. Attending the fajita cook-off or going country dancing after a long school week. To this day, I count some of my 1L classmates as among my dearest friends. 

Q: You are a Native American woman making history and have been the “first” in prominent areas throughout your career—first Native American woman federal judge, first Native American woman to serve as United States Attorney—Did you ever feel like the lone Native American voice in the room? How did you overcome those adversities? For that girl/woman who is finding her rhythm and trying to carve out a space to thrive, what advice would you give her?
A: I did feel alone because I was alone. That is, I was usually the only “Native” in the office, the courtroom, or seated at the conference table.  For me, the only way to overcome the insecurities and the demands of such situations was to focus on the work at hand and to think about who may benefit from it. 

The advice I would share is to be patient with yourself and with others. Law school teaches you how to “think” like a lawyer, but like everything else in life, you have to actually learn the law and practice it before you become proficient.

Review Honorable Humetewa’s publications:

  • Judge Humetewa talks with Arizona PBS about “Native American women and the 19th Amendment“
  • Featured in the ASU Law article “19th Amendment a historic milestone that continues to make huge impact.”
  • Beloved ILP alum Judge Humetewa provided her inspiring address to the ILP graduating class of 2020.
  • In her interview, Judge Humetewa recounts her fond memories of the late Senator McCain and talked with Arizona PBS.

Stay tuned for our next Progress, Power, Purpose series.

________

Danielle Williams
Program Coordinator, Indian Legal Program, ASU Law

Indigenous Research Roundtable

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Connecting Indigenous Scholars across ASU

For several years now, ASU’s Indigenous Research Roundtable (IRR) has connected Indigenous scholars and allies through a monthly seminar featuring new, cutting-edge scholarship conducted with, by and for Indigenous communities. The IRR was originally organized by Dr. Angela Gonzales from ASU’s School of Social Transformation and hosted at Tempe campus. As the ASU Downtown campus has grown to include numerous ASU colleges, schools and programs serving Indian Country—including Social Work, Journalism, Health Sciences, Law and many others—the IRR is for the first time being hosted by two downtown campus Indigenous faculty, ASU Law Professor Trevor Reed and School of Social Work Professor Felicia Mitchell.

In the fall semester, the IRR featured two thought-provoking presentations showcasing the diversity of Indigenous research happening at ASU. On Nov. 4, Professors David Manuel-Navarrete and Tod D. Swanson shared their experiences establishing a new field school in partnership with Tribes in the Ecuadorian Amazon. The field school educates university students from around the world about Kichwa approaches to climate science and biodiversity while also providing a stream of sustainable income for Kichwa peoples. On Dec. 9, Professor Matt Ignacio presented the results of his groundbreaking study of harm-reduction interventions aimed at Indigenous youth who may be at risk for alcohol and other drug use.

Prof. Matt Ignacio's IRR presentation

This upcoming spring semester, the IRR will feature presentations by ASU Law Professor Robert J. Miller who will present his current research on the landmark Supreme Court decision in McGirt v. Oklahoma. School of Social Work Professor Shanondora Billiot will share her research on the effects of land-based healing programs on the mental health and wellbeing of Indigenous communities in Louisiana.

For more information about the Indigenous Research Roundtable or to participate in an upcoming roundtable please contact Professor Trevor Reed at t.reed@asu.edu.

Arizona Native Vote Changemakers

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The Indian Legal Clinic student attorneys, ILP affiliates and volunteers worked on the Arizona Native Vote Election Protection Project (AZNVEP) for months to prepare for the general election on Nov. 3. The number of this year’s Election Protection volunteers made for a great success despite the circumstances! We had 100 volunteers, which is more than in past years, who assisted Native voters at over 60 polling locations in Arizona on Election Day through the Arizona Native Vote Election Protection Project. The ILC team included Native Vote Fellow Torey Dolan (’19) as lead, Brendan Clark (3L), Aspen Miller (3L), Dustin Rector (3L), MacArthur Stant (3L),and Blair Tarman (3L) under the supervision of Professor Patty Ferguson-Bohnee. Student attorneys provided virtual training sessions for volunteers, ran the hotline and interacted with voters on-site.

Through partnerships with the Inter Tribal Council of Arizona (ITCA), the Native American Bar Association of Arizona (NABA-AZ), the Arizona Election Protection Coalition and volunteers, Native Vote served as an important resource for hundreds of Native voters during the 2020 election. Over 250 Native American voters called the Native Vote Election Protection hotline for assistance on Election Day, and many voters called prior to the election to check voter registration and polling locations, and answered questions regarding general election information.  

With the extraordinary commitment from volunteers—ILP students, alumni, faculty, staff and friends—an Election Protection volunteer was on-site and available at the following locations: Navajo Nation, Hopi Tribe, Salt River Pima Maricopa Indian Community, Gila River Indian Community, Tohono O’odham Nation, White Mountain Apache, San Carlos Apache, Pascua Yaqui, Yavapai Apache, Yavapai Prescott, Quechan, Cocopah Indian Tribe, Colorado River Indian Tribes, Fort McDowell Yavapai Nation, and the Ak-Chin Indian Community. 

We thank our ASU community for the support, which released the ASU Now article on election day that highlighted the greater work of Native Vote as well as the innovative Polling Locator Tool created just this year with US Digital Response. Watch the video  to see how this tool was used by Native voters.

Two of our ILC students Miller and Stant who traveled to Hopi and Navajo Nation were highlighted in an Arizona Republic article. 

Ferguson-Bohnee was quoted in the Center for Public Integrity article and Arizona Republic articles here and here. 

On Nov. 11, Dolan was interviewed by Native America Calling to give a recap about Native Vote. She was also quoted in The State Press articles here and here. 

Find more coverage from Ferguson-Bohnee, Dolan and Brian Garcia (’20) in this VICE article, which included Arizona Native Vote assisting with extension hours to a polling site. 

We appreciate our partners and all who volunteered across Indian Country to ensure Arizona’s tribal communities and tribal members had access to the polls!

NAGPRA: Celebrating a 30-year milestone

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On Nov. 16, the ILP commemorated the 30th anniversary of the Native American Graves Protection and Repatriation Act (NAGPRA) with a webinar “NAGPRA: 30 Years and Beyond.” The roundtable focused on how the law has empowered Tribes to reclaim their ancestors and cultural items from museums and other federally funded institutions, and what changes are needed in both the law and its implementation to better serve Indian Country.

Suzan Shown Harjo (Cheyenne & Hodulgee Muscogee), writer, curator, policy advocate and president of the Morning Star Institute, shared her insights into the important role NAGPRA plays in reversing the harms done to Indigenous ancestors and culture by researchers, federal agencies, and museums. She also spoke to the need for Tribes and their advocates to fully explore NAGPRA’s potential. James Riding In (Pawnee), founding member and associate professor in the department of American Indian Studies at ASU, spoke about his experiences helping Tribes implement NAGPRA and addressed some of ways Tribes can better negotiate with holding institutions. Shannon O’Loughlin, executive director and attorney with the Association on American Indian Affairs, discussed how NAGPRA should not be another way for museums to gather more data from Tribes to fill in gaps left by poor research—It is an enforceable law museums must respect with repatriation as its end goal. ASU Law’s Dean Emeritus Paul Bender, who facilitated the panel for National Dialogue on Tribal-Museum Relations that led to the passage of NAGPRA, moderated the event.

“The panelists’ insights into the origins of NAGPRA really brought the law into perspective,” said Professor Trevor Reed. “They showed us just how much the law can do for Tribal Nations as we build capacity and push to revise and develop it going forward.”

We’re grateful to these experts for sharing their time and knowledge

Welcome: Meet People of the ILP

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Kate Rosier (Comanche) 
Executive Director, Indian Legal Program
Assistant Dean of Institutional Progress
She completed her undergrad at Capital University with a concentration in Business Management. Kate is responsible for recruitment, student retention, fundraising, alumni development, jobs, grant writing, CLEs and programs. 

Fun facts about me: 1) I am an Ironman! In 2010 in honor of my 40th birthday I swam 2.4 miles, biked 112 miles, and ran 26.22 miles. 2) I was voted Homecoming Queen in high school. 3) My husband, sister-in-law, and brother-in-law all are ASU Law grads and participated in ILP. I am the only one who didn’t. (sad face) 

Patty Ferguson-Bohnee (Pointe-au-Chien Indian Tribe) 
Faculty Director, Indian Legal Program
Director, Indian Legal Clinic.
She completed her undergrad at Stanford University with a concentration in Native American Studies with an Emphasis in Policy and Law. Patty directs and teaches the Indian Legal Clinic and advanced research seminars on Native Vote – Election Protection and Climate Impacts affecting Tribal Cultural Heritage.

Fun facts about me: 1) I spent time in France as an undergrad, law student, and spent an academic year doing research.  I love France!  2) I help to organize a culture camp for Pointe-au-Chien youth every summer. 

Robert J. Miller (Eastern Shawnee Tribe of Oklahoma) 
Professor of Law 
He attended Eastern Oregon University and received his B.S. in 1988. Professor Miller teaches Federal Indian Law I and II, and Economic Development in Indian Country.  

Fun facts about me: 1) I was born and raised in Portland Oregon which is a LOT cooler than Phoenix. 2) I worked in my dad’s used car business for 19 years before I went to college [I know how to repossess cars, so I must be really tough!] 3) I played soccer for 30 years and we won the Portland city championship three times! 

Trevor Reed (Hopi) 
Associate Professor of Law 
He completed his undergrad at Brigham Young University with a concentration in Music composition. Professor Reed teaches Federal Indian Law II, Property, and Intellectual Property

Fun facts about me: 1) I love hiking and mountain climbing and once summited Mt. Rainier.  2) I’m a bass player and music nerd who loves everything from classic rock to symphony. 3) My favorite foods right now are Noqwivi (Hopi stew) and Harumi Sushi. 

Larry Roberts (Oneida Nation (WI)) 
Professor of Practice and Executive Director of the Indian Gaming and Tribal Self-Governance Programs 
Professor Roberts teaches Indian Gaming Law and Administrative Law. He completed his undergrad at the University of Wisconsin – Madison concentrating in Political Science and Sociology. 

Fun facts about me: 1) I’ve run 8 marathons, including NYC, DC and Chicago. 2) I briefed President Obama in the Roosevelt Room. 3) the first concert I ever saw was the Police during their Synchronicity tour – the ticket was $17.50.     

Ann Marie Bledsoe Downes (Winnebago Tribe of Nebraska) 
Professor of Practice and Director, Indian Gaming and Tribal Self-Governance Programs 
She attended Wayne State College with a concentration in Social Sciences Education. Professor Bledsoe Downes works on development of curriculum for the Indian Gaming and Tribal Self-Governance programs, oversight and administration of the programs, as well as recruitment and retention of students in the MLS and LL.M. Degrees.  

Fun facts about me: 1) I love to run and do yoga. 2) I always use pencils instead of pens.  3) My husband Brad and I were the first ILP marriage. 

Helen Burtis 
Faculty Associate  
Professor Burtis completed her undergrad at Kansas State University with dual majors in Business Management and General Humanities. She teaches Advanced Legal Writing in Indian Law and the online master’s American Indian Law. Professor Burtis also helps with the Indian Legal Clinic, including the Indian Wills Clinics, the Tribal Court Trial Skills College, and supervising students working on business formation cases.  

Fun facts about me: 1) I am a grateful grandmother of two really fun grandsons. 2) I am an avid hiker and hill climber, venturing out several times each week. 3) After a lifetime of eating meat, I became a vegan in early 2020.  

Tamara Herrera 
Associate Dean of Academic Affairs  
Professor Herrera completed her undergrad at Grinnell College with a concentration in English. She co-teaches the Indian Legal Research course with Beth DiFelice. 

Fun facts about me: 1) I was the first person in my family to go to college (and, obviously, law school). 2) I love amusement parks and rollercoasters. 3) I worked on a soap opera after college as an apprentice production assistant. 

Beth DiFelice 
Assistant Dean and Director, Ross-Blakley Law Library 
Professor DiFelice completed her B.A. in English at Centenary College of Louisiana. She co-teaches the Indian Legal Research course with Tamara Herrera. She oversees the law library and has created the Indian Legal Research Guide, which is very useful.

Fun facts about me: 1) I have a cat who we call Puppy. 2) My hobby is Olympic Weightlifting. 3) I am a former yoga teacher. 

Danielle Williams (Navajo) 
Program Coordinator 
She completed her undergrad at Arizona State University with concentration in Photography and minors in Justice Studies and Anthropology.  She plans and coordinates events, processes business claims, manages ILP social media and monthly newsletter, and all things marketing. 

Fun facts about me: 1) I love dancing and led a virtual powwow fitness session. Balancing health and wellness are super important! 2) I’m a photographer and love documenting—Nell’s Photography. 3) I don’t really like chocolate, but I love (and make a great) tiramisu.  

Theresa Beaulieu (Stockbridge-Munsee) 
Program Coordinator 
She graduated from ASU and UA. She works on ILP events, marketing and processing information for the program. 

Fun facts about me: 1) I lived in Arizona off and on since 1963. 2) I’ve visited all 50 of the United States. 3) And I have webbed toes. We are playing two truths and a lie, aren’t we? 

Bari Barnes 
Program Coordinator 
She completed her undergrad at Phoenix College with concentration in Fashion Merchandising and the Paralegal Certificate Program. Bari works closely with Professor Ferguson-Bohnee in the ILC providing support and assisting Clinic students. 

Fun facts about me: 1) I’ve tandem skydive. 2) I once participated in an Inipi ceremony 3) I am a huge fan of the Jason Bourne series. 

Torey Dolan (Choctaw Nation of Oklahoma), JD ’19 
Native Vote Fellow 
She completed her undergrad at the University of California, Davis in 2016 with concentration in History and Political Science – Public Service. Torey also works closely with Professor Ferguson-Bohnee in the ILC and handles all things Native American Election Protection Vote. 

Fun facts about me: 1) I graduated from ASU and ILP in 2019. 2) My favorite hike in metro-Phoenix is the Javelina Trail at South Mountain. 3) I grew up in Bakersfield, California.   

Ben Zinke, JD ’18 
Law Fellow 
He graduated from Grand Canyon University with concentration in Justice Studies. Ben assists the ILP and faculty with research projects and providing content for reports. 

Fun facts about me: 1) I love Basketball 2) I love Star Wars 3) I have four dogs 

Ah’sha Notah (Navajo)
Office Aide
She is currently working on her undergraduate degree with the ASU’s College of Liberal Arts and Sciences concentration in American Indian Studies. Ah’sha processes business claims, tracks expenses and assists with events.  

Fun facts about me: 1) I make jewelry. 2) I dance (powwow) in my free time. 3) I usually travel to Canada during the summers.

____
Danielle Williams
Program Coordinator, Indian Legal Program, ASU Law

Prof. Miller interviewed on McGirt v. Oklahoma Supreme Court decision

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Professor Robert J. Miller who teaches Federal Indian Law at ASU Law was interviewed by Voice of America – VOA regarding the recent McGirt v. Oklahoma Supreme Court decision. 

“The Court is upholding this 1832 treaty that the Creek Nation signed with the United States and is holding the United States to those promises.”

Watch the full interview here.

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