Leeds discusses sovereignty in Canby Lecture

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Leeds discusses sovereignty in Canby Lecture

02/01/2013
Stacy L. Leeds

Stacy L. Leeds, Dean of the University of Arkansas School of Law, explored how foundational principles of tribal sovereignty have developed domestically and how those principles may evolve in the future, in the Sixth Annual William C. Canby Jr. Lecture, “Whose Sovereignty? Tribal Citizenship, Federal Indian Law, and Globalization.”

The Lecture, named for Canby, a founding faculty member and judge on the 9th U.S. Circuit Court of Appeals, was held on Jan. 24 in the Great Hall of Armstrong Hall.

Leeds said that in many historical cases, international law played a role in redefining tribal sovereign status in the United States, including issues of internal and external government accountability, interaction with other nations, and enforcement of tribal rights.

“Indian law relied on international customary law for its origin and involves the interpretation of treaties between two sovereigns,” Leeds said. “But it is still considered a matter of domestic federal law only.”
For a period of about 175 years, beginning in the early 1830s, the domestic Indian law discussion was silent, according to Leeds. Then in 2010, President Obama announced support for the United Nations’ Declaration on Rights of Indigenous Peoples.

“We were told Indian law was somehow different because the United States would never bind itself or even make reference to international law or norms,” Leeds said.

For years, the U.S. government has refused to recognize tribal sovereign powers while simultaneously endorsing and supporting similar powers in newly created sovereigns around the globe, Leeds said. However, she noted, we are starting to see positive change as international law plays a greater role within the United States.

“Tribes were always considered pre-constitutional or extra-constitutional, yet Congress is somehow allowed to exercise preliminary authority to legislate limitations on internal tribal government powers,” Leeds said.

According to Leeds, there are potential allies and advocates all over the world who want to see tribal sovereignty and, in particular, tribal courts recognized on par with other sovereigns. However, she said, the biggest obstacle might be whether tribes are willing to play by the same international rules if granted international statue.

“Enhanced global recognition of tribal government stature is finally being realized to some extent,” Leeds said in an earlier interview. “But it will necessarily open tribes up to more internal and external scrutiny, and communities have to be ready for that.”

Professor Myles Lynk, Faculty Fellow for the Center for Law, Science and Innovation, in introducing Leeds, said that the subject of her lecture could not be more timely or important.
“The subject of tribal citizenship was a deciding issue in a recent decision by the United States Court of Appeals for the Ninth Circuit,” Lynk said.

Robert Clinton, Foundation Professor of Law, said Leeds has been a pioneer as a Native American scholar and author, and her contributions to the field of Indian law are widely respected.

“Stacy has long been a leader in education and tribal government,” Clinton said. “At a time when the Cherokee Freedman controversy was heating up at the Cherokee Nation, her courageous opinion for the Cherokee Nation’s Supreme Court was widely heralded, although controversial.”

Before arriving at the University of Arkansas, Leeds was Interim Associate Dean for Academic Affairs at the University of Kansas School of Law and director of the Northern Plains Indian Law Center at the University of North Dakota School of Law. She has taught law at the University of Kansas, the University of North Dakota and the University of Wisconsin School of Law.

Leeds was the first woman and youngest person to serve as a justice on the Cherokee Nation Supreme Court. She teaches, writes and consults in the areas of American Indian law, property, energy and natural resources, economic development, judicial administration and higher education.

As part of the larger discussion, Leeds touched briefly on the Cherokee Freedman Controversy, a political and tribal dispute between the Cherokee Nation and descendants of the Cherokee Freedmen regarding tribal citizenship.

Webcast Archive at: online.law.asu.edu/events/2013/canby 

Distinguished professor and executive director hired for Indian Legal Program

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Distinguished professor and executive director hired for Indian Legal Program

01/31/2013
Robert Miller
Gregory Hill
Douglas Sylvester

The College of Law has hired Robert J. Miller, one of the nation’s leading scholars in Indian Law, and Gregory L. Hill, who will serve as Executive Director of the Indian Legal Program.

“We consider our Indian Legal Program the nation’s leading organization devoted to improving the legal systems that affect tribal governments,” said Dean Douglas Sylvester. “The addition of Bob and Greg underscores our commitment not only to providing unique opportunities and experiences to students that relate to Indian law, but also to furthering the Program’s other key objectives, including maintaining and expanding our close relationships with American Indian nations and other native governments and organizations.”

Miller will join the faculty in the fall of 2013. As a professor at Lewis & Clark Law School in Portland, Ore., since 1999, Miller has taught various courses, including Federal Indian Law, American Indians and International Law and Civil Procedure.

He worked at the Stoel Rives law firm from 1992-1995 and practiced Indian law with Hobbs, Straus, Dean & Walker from 1995-1999. An enrolled citizen of the Eastern Shawnee Tribe of Oklahoma, Miller is Chief Justice of the Court of Appeals of the Grand Ronde Tribe and sits as a judge for other tribes.

He is the author of two books, “Native America, Discovered and Conquered: Thomas Jefferson, Lewis and Clark, and Manifest Destiny” and “Reservation Capitalism: Economic Development in Indian Country.” He is also co-author of “Discovering Indigenous Lands: The Doctrine of Discovery in the English Colonies.”

“I am very excited about joining the College of Law and its outstanding Indian Legal Program,” Miller said. “I am looking forward to working with the ASU students, faculty and staff and to enjoying many rewarding intellectual and professional experiences at the College.”

Hill, a practicing attorney for 18 years, has held various leadership positions in the legal profession since 1995. A member of the Oneida Nation, Six Nations of Indians, he most recently served as a capital attorney in the Office of the Public Defender in Tampa, Fla., where he provided legal services to indigent clients.

He is a former deputy director of Stetson University College of Law’s National Clearinghouse for Science, Technology and the Law. Additionally, Hill served as Assistant Attorney General in the state of Florida, ran a solo legal practice earlier in his career, and clerked for the general counsel of the Seneca Nation while in law school.

“I am honored to be selected to serve as the executive director of the Indian Legal Program,” Hill said. “The chance to contribute to such a distinguished program, to help our students become better prepared for the future they will encounter, and to directly support the Indian communities will create opportunities that I am eager to pursue.”

The Indian Legal Program was established in 1988 to provide legal education and generate scholarship in the area of Indian law and to undertake public service to tribal governments. It trains students to effectively engage the representation of Native peoples and seeks to promote an understanding of the differences between the legal systems of Indian nations and those of the state and federal governments. The Program is among the most renowned of its kind, and its graduates work at all levels of tribal, state and federal government, as well as in private practice. The Program provides a unique set of academic and clinical opportunities for students and is committed to maintaining strong partnerships with American Indian nations and other native governments and organizations.

Job Posting: Law Clerk/Staff Attorney Ho-Chunk Nation Trial Court

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Law Clerk/Staff Attorney

Ho-Chunk Nation Trial Court (Black River Falls, WI)

Position Type: Judicial Clerkship
Practice Area(s): Indian/Native American
Geographic Preference: Midwest (KY, WV, OH, IN, MI, IL, MO, IA, MN, WI)
Description: The Ho-Chunk Nation Trial Court is currently seeking a Law Clerk/Staff Attorney to assist

judges with conducting research, drafting opinions, maintaining the Judiciary’s website,

preparing monthly bulletins, and answering procedural questions from the general public.

A full job description is available at http://www.ho-chunknation.com/?PageId=107.

The position’s start date is negotiable, and Spring 2013 graduates are encouraged to

apply. Ho-Chunk Nation/Native American Preference will apply during the application process.
Desired Class Level: 3L, RECENT GRADS, Alum 0-3 yrs exp, LLM
Posting Date: January 28, 2013
Expiration Date: March 1, 2013
contact: Ms. Mary Thunder

Clerk of Court

W9598 Highway 54 East Black River Falls, Wisconsin 54615 United States

http://www.ho-chunknation.com/?PageId=28
Resume Receipt: Other (see below)
How To Apply: Please mail a resume, cover letter, transcript, writing sample not to exceed ten (10) pages,

and list of three (3) references with contact information to the following location:

Ho-Chunk Nation Trial Court
P.O. Box 70
Black River Falls, WI 54615

Alternatively, applicants may send the requirement documentation in the form of a single,

consolidated PDF file to the following e-mail address:

Mary.Thunder@ho-chunk.com

Regardless of submission method, all documents must be received before March 1, 2013 at

4:30 p.m. CST to receive consideration.
Additional Documents: Cover Letter, Unofficial Transcript, Writing Sample, Other Documents
id: 22035

 

Tribal citizenship in a globalized world to be examined at College of Law’s annual William C. Canby Jr. Lecture

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01/16/2013

Stacy L. Leeds
 
 William C. Canby Jr.

Stacy L. Leeds, Dean of the University of Arkansas School of Law, will deliver the Sixth Annual William C. Canby Jr. Lecture on Thursday, Jan. 24, at the College of Law. The title of Leeds’ talk is “Whose Sovereignty? Tribal Citizenship, Federal Indian Law, and Globalization.”

The lecture, presented by the Indian Legal Program (ILP) at the College, is scheduled to begin at 4:30 p.m. in the Great Hall of Armstrong Hall on the Tempe campus. It is free and open to the public, and will be followed by a reception in the Steptoe & Johnson Rotunda. Click here for free tickets.

The lecture honors Judge William C. Canby Jr. of the United States Court of Appeals for the Ninth Circuit, a founding faculty member of the College of Law. Judge Canby taught the first classes in Indian law there and was instrumental in creating the ILP.

Leeds, the first American Indian woman to serve as dean of a law school, has worked with tribes for more than two decades, interpreting tribal law and serving as a judge for many tribes, including the Cherokee Nation.

“I will discuss how foundational principles of tribal sovereignty developed domestically and how those principles may evolve in the future, including issues of internal and external government accountability, interaction with other nations, and enforcement of tribal rights,” Leeds said.

She said it is important to understand the context in which Native American tribes have defined citizenship in the past in order to predict how it will be defined in the future.
“We are witnessing a global awakening currently with respect to indigenous sovereignty,” Leeds said.

The question is whether tribal sovereignty will be affected by globalization, she said. If this is the case, it could mean a much more complex relationship between the federal government and tribal governments in the future.

For years, the U.S. government has refused to recognize tribal sovereign powers while simultaneously endorsing and supporting similar powers in newly created sovereigns around the globe, Leeds said. However, she noted, we are starting to see positive change as international law plays a greater role within the U.S.

“Enhanced global recognition of tribal government stature is finally being realized to some extent,” Leeds said. “But it will necessarily open tribes up to more internal and external scrutiny, and communities have to be ready for that.”

Doug Sylvester

“We are delighted to welcome Dean Leeds to the College of Law to deliver our Canby Lecture,” said Dean Douglas Sylvester. “Her expertise in tribal sovereignty, as well as her accomplishments in the Native American community and in legal academia, make her an ideal fit for this important program.”

As part of the larger discussion, Leeds said she will touch briefly on the Cherokee Freedman Controversy, a political and tribal dispute between the Cherokee Nation and descendants of the Cherokee Freedmen regarding tribal citizenship. As a judge for the Cherokee Nation, she in 2006 wrote the majority opinion in Allen v. Cherokee Nation Tribal Council that ruled the Freedmen, a group of African-American descendents of former slaves of the Cherokee, were entitled to full citizenship in the tribe.

“Stacy has long been a leader in education and tribal government,” said Robert Clinton, Foundation Professor of Law at the College of Law. “At a time when the Cherokee Freedman controversy was heating up at the Cherokee Nation, her courageous opinion for the Cherokee Nation Supreme Court was widely heralded, although controversial.”

Clinton added that Leeds has been a pioneer as a Native American scholar and author, and her contributions to the field of Indian law are widely respected.

“I am very honored to be a part of this lecture series and to contribute to the world-class work of the Indian Legal Program at ASU,” Leeds said. “The program has a fantastic reputation and a vibrant Indian law curriculum.”

Before arriving at the University of Arkansas, Leeds was Interim Associate Dean for Academic Affairs at the University of Kansas School of Law and director of the Northern Plains Indian Law Center at the University of North Dakota School of Law. She has taught law at the University of Kansas, the University of North Dakota and the University of Wisconsin School of Law.

Leeds was the first woman and youngest person to serve as a Justice on the Cherokee Nation Supreme Court. She teaches, writes and consults in the areas of American Indian law, property, energy and natural resources, economic development, judicial administration and higher education.

Job Posting – Counselor to the Assistant Secretary-Indian Affairs

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Counselor to the Assistant Secretary-Indian Affairs
Department:Department Of The Interior
Agency:Office of the Secretary of the Interior
Job Announcement Number:AG-13-PQ824547 (DEU)

SALARY RANGE:

 $105,211.00 to $136,771.00 / Per Year

OPEN PERIOD:

 Monday, January 14, 2013 to Friday, January 18, 2013

SERIES & GRADE:

 GS-0301-14

POSITION INFORMATION:

 Full Time – Permanent

PROMOTION POTENTIAL:

14

DUTY LOCATIONS:

 1 vacancy in the following location:
Washington DC, DC United StatesView Map

WHO MAY APPLY:

 United States Citizens

JOB SUMMARY:

Indian Affairs is the lead agency for the United States in carrying on a government-to-government relationship with the tribal nations. A challenging and dynamic place to work, it enhances the quality of life, promotes economic opportunity, and carries out the responsibility to protect and improve the trust assets of American Indians, Indian tribes and Alaska Natives.


This position is located in the Office of the Assistant Secretary – Indian Affairs in Washington, DC.  The mission of the Office of the Assistant Secretary – Indian Affairs is to enhance the quality of life, to promote economic opportunity, and to carry out the responsibility to protect and improve the trust assets of American Indians, Indian Tribes and Alaska Natives.  The incumbent of this position serves as a Counselor to the Assistant Secretary – Indian Affairs, focusing on maintaining liaison with other offices and bureaus that encompass the Indian Affairs organization.  The incumbent will consult with tribal leaders and communities, departments, congressional committee staffs and others within the private sector to carry out duties.  The role of the incumbent is that of an advisor in policy determining issues and related matters of a confidential and administrative support nature. 

This position is being advertised concurrently with (AG-13-PQ824548) using Merit Promotion procedures.  Status applicants who wish to be considered under both merit promotion and competitive examining procedures must apply directly to each announcement.__________________________________________________________________________________

Who May Apply

  • U.S. Citizens

KEY REQUIREMENTS

  • U.S. Citizenship required
  • This position is subject to a pre-employment background investigation
  • Relocation expenses may be paid.
  • Travel may be required.

DUTIES:

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 The major duties of the position include, but are not limited to the following:

  • Coordinates assigned activities to ensure compliance with the Administration’s policies.  Provides coordination, liaison and initial review on matters pertaining to the program areas under the supervisor’s purview.
  • Assignments are complex, important and diversified in scope and may be within any jurisdiction of the Indian Affairs programs.  Assignments may be of a nonrecurring nature, and the incumbent is responsible for research and conducting special studies or surveys of problems, projects, or program implementation.
  • Produces briefings, decision memorandum and background papers on a wide variety of issues, problems or matters.  Develops strategies on sensitive and controversial issues and serves in a confidential capacity on organizational and internal matters.
  • Works with Departmental program and staff officials to assure that projects assigned are coordinated to meet the objectives of Indian Affairs and are ready for action or endorsement by the Assistant Secretary.  Participates in meetings called for the purpose of briefing key officials when assignments will require coordination between two or more program offices.
  • Participates in staff conferences and meetings called by the supervisor.  Contributes to program discussion and developments by citing current status of program involvement.  Notes and follows up on assignments made by the supervisor during these conferences and meetings.
  • Working closely with the top leadership staff of the Indian Affairs organization, the incumbent develops, coordinates, resolves and implements a variety of special projects which may be highly sensitive, confidential and of national importance.  Completes in-depth analysis of issues of importance to top leadership staff within Indian Affairs, which is frequently needed in very short time frames.
  • Follows legislative matters of interest to the Indian Affairs organization and programs to keep the supervisor informed of their status and progress.  Utilizes knowledge of the supervisor’s viewpoints in the general review of proposed legislation in order to highlight and bring to his/her attention those portions of bills which conflict with current Indian Affairs policy.  Recommends policy alternatives to be incorporated as needed.

QUALIFICATIONS REQUIRED:

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 GS-14:  All applicants must possess at least one full year of specialized experience equivalent to at least the next lower grade level (GS-13), which includes: 1) analyzing proposed legislation and evaluating the impact such legislation may have on one’s organization; 2) preparing, presenting, and defending proposed recommendations, policies, or regulations; 3) developing and delivering verbal presentations to high level officials on sensitive or controversial topics; AND 4) serving as spokesperson or representative for an organization or senior official.

All qualification requirements must be met by the closing date of this announcement Friday, January 18, 2013.   Additional information on the qualification requirements is outlined in the OPM Qualifications Standards Handbook of General Schedule Positions. It is available for your review in our office, in other Federal agency personnel offices, and on OPM’s web site at http://www.opm.gov/qualifications.

Applications will be reviewed after the closing date of Friday, January 18, 2013.  Qualified applicants will be rated based on their possession of the knowledge and experience requirements identified under the “Qualifications” section.  Candidates rated as best qualified will be referred to the hiring manager for further consideration.

Category Rating will be used in the ranking and selection process for this position.  The categories are Best Qualified, Well Qualified, and Qualified.  Veterans’ preference rules for category rating will be applied.

  • Analytical Ability
  • Communication
  • Knowledge of legal research procedures, methods, and sources

Selective Service:  If you are a male applicant who was born after 12/31/1959 and are required to register under the Military Selective Service Act, the Defense Authorization Act of 1986 requires that you be registered or you are not eligible for appointment in this agency.


Public Interest Indian Law Fellowship Program

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Public Interest Indian Law Fellowship Programs

Berkey Williams LLP (Berkeley, CA)

Position Type:  Fellowship

Practice Area(s): Indian/Native American

Geographic Preference(s): West (CA, HI, NV, UT, CO, MT, WY)

Description: Berkey Williams Public Interest Indian Law Fellowship

Berkey Williams LLP (BW) established the Public Interest Indian Law Fellowship Program in 2005. The aims of the Fellowship are to encourage recent law graduates to work in the field of Indian law and to provide the Fellows with an opportunity to pursue public interest projects in Indian country. The Fellow is encouraged to develop innovative legal strategies for projects which may not traditionally be feasible endeavors for a private law firm. The Firm’s intent is to provide bright, creative law graduates with the time and resources to tackle public interest, social justice, and related issues in Indian country. The Fellowship intends to contribute to the development of public interest Indian law leaders of the future, whatever their career paths might be.

About Berkey Williams

The firm is a private, for-profit partnership with a significant public interest focus. The firm has three attorneys and two paralegals in Berkeley, California, one attorney in Washington, DC, one attorney in Bozeman, Montana, two attorneys in New York, and one attorney in New Mexico. The firm works exclusively for Indian tribes and tribal organizations, and currently has clients throughout the United States. Natural resources protection, environmental justice, water and fishing rights, recovery of ancestral lands, tribal sovereignty, self-governance, economic development, Indian child welfare, employment, and health care are representative areas of work. The Firm’s work is funded primarily by its fee-paying tribal clients, as well as generous contributions from private foundations. More information may be found at the firm’s web site: www.berkeywilliams.com.

 About the Fellowship

The one-year Fellowship offers a competitive salary, full benefits, training, flexibility in balancing work and a private life, and the opportunity to work with experienced attorneys in an established firm focused exclusively on serving Indian tribes and tribal organizations. The Fellow will work in the California office. The Fellowship begins in September, 2013, with some flexibility depending upon the candidate’s schedule. Berkey Williams is committed to recruiting attorneys who will bring a variety of experiences to the firm’s clients, and to supporting them by providing the resources necessary to building a strong career in Indian law.

The projects on which a Fellow might work are subject to the creativity of the Fellow and the needs or demands of a particular client tribe or tribal organization. In the past, the Berkey Williams Fellow has worked for organized but unrecognized California tribes seeking to protect cultural sites threatened by land development, and tribes whose children are subject to state juvenile dependency proceedings. The Firm’s public interest and pro bono work includes projects intended to protect cultural sites, promote Indian-organized educational institutions, connect Indian communities to electric and telecommunications grids, recover ancestral lands, expand economic development opportunities for tribes, and others.

Qualifications and Selection Criteria

Applications are encouraged from recent law graduates with a demonstrated commitment to Indian law. Preference is given to candidates, both Indian and non-Indian, who demonstrate personal or professional experience and identification with Indian communities. High academic achievements are certainly considered, but they are weighed with other equally significant factors: personal accomplishments, professional goals, cultural competence, and the capacity to work conscientiously and independently as needed. Candidates with interest in specific public interest projects are encouraged to bring their proposals to the firm. Candidates are encouraged to seek their own funding as well, as the firm’s ability to offer the fellowship is contingent on funding. Membership in the California Bar, or the Bar of another state, though not essential, is a significant factor in the firm’s evaluation of candidates.

Applying for the Fellowship

Interested law graduates should send a resume and a writing sample to Gloria Coronado, Administrative Assistant, at gcoronado@berkeywilliams.com. If you have any questions, please email. Deadline to apply is January 31, 2013.

Desired Class Level:  RECENT GRADS

Posting Date: December 17, 2012

Expiration Date: January 31, 2013

Contact: Gloria Coronado, Administrative Assistant

2030 Addison Street Suite 410 Berkeley, California 94704 United States

Sample Page

Resume Receipt:  E-mail, Other (see below)

Default email for resumes.: gcoronado@berkeywilliams.com

How to Apply:

Interested law graduates should send a resume and a writing sample to Gloria Coronado, Administrative Assistant, at gcoronado@berkeywilliams.com. If you have any questions, please email. Deadline to apply is January 31, 2013.

Additional Documents:

Writing Sample, Other Documents

 ID: 21907