ILP Advisory Council Member Appointed to the Bench

Governor Jan Brewer Announces Appointment of Superior Court Judges in Maricopa County

PHOENIX — Arizona Governor Jan Brewer today announced the appointment of Daniel J. Kiley and Thomas L. LeClaire to the Maricopa County Superior Court.

Dan Kiley is an attorney with the law firm Sherman & Howard, LLC, where he practices in the areas of commercial litigation, corporate, municipal and criminal defense law. He worked for the firm Mohr, Hackett, Pederson, Blakley and Randolph from 1997 to 2009 and served as an Assistant Attorney General from 1988 to 1997. He has been admitted to practice law in Arizona since 1988. He graduated from the Arizona State University College of Law in 1988 and received his undergraduate degree from Harvard University in 1985.

“Dan has had an impressive career in public and private practice,” said Governor Brewer. “His wide breadth of legal practice experience makes him well qualified to be a superior court judge.” This appointment was made to fill the vacancy created by the retirement of the Honorable Cathy Holt.

Tom LeClaire is an attorney with the LeClaire Law Firm. He began practicing law in Colorado in 1981 and spent several years with the United States Navy and the Department of Justice. He has been admitted to practice law in Arizona, Colorado, Connecticut, Washington, the District of Columbia, as well as numerous tribal courts. He is a recognized expert in Indian law and taught criminal law and procedure at American University. He graduated from Cornell Law School in 1981 and received his undergraduate degree from the University of Connecticut in 1978.

“Tom’s accomplishments during his nearly three decades of practicing law are impressive and noteworthy,” said Governor Brewer. “He has given many years of service to his country and helped numerous Native American tribes with legal matters over the course of his career. Tom is truly a model of legal excellence and will be an outstanding judge.” This appointment was made to fill the vacancy created by the retirement of the Honorable Richard Trujillo.

“It is an honor to appoint Dan Kiley and Tom LeClaire to the Maricopa County Superior Court,” said Governor Brewer. “These are two outstanding attorneys who will serve the citizens of Maricopa County well.”

JOB: Rosette & Associates

ASSOCIATE ATTORNEY FOR IMMEDIATE HIRE

Indian Law firm seeks attorney for associate position for its Phoenix metropolitan area office. Rosette & Associates is a boutique law firm specializing in the representation of Indian tribal governments, particularly in the areas of economic diversification and casino development. We offer competitive salaries and benefits. Our offices are located in Chandler, Arizona, San Francisco and Sacramento, California and Lansing, Michigan. More information about our firm is available at www.rosettelaw.com.

QUALIFICATIONS AND REQUIREMENTS:

– Bar admission.
– Strong academic and professional background.
– Transactional experience required.
– Strong organizational skills, interpersonal skills, and attention to detail.
– Skilled in the use of the MS Office Suite of software (Word, Outlook, PowerPoint and Excel).
– Excellent communication skills, both written and verbal.
– Excellent proofreading skills.
– Employee must be able to respect and adhere to the most rigid and strict rules of confidentiality.

APPLICATION INFORMATION:

To apply, please submit your resume, a writing sample, references and a cover letter to rosetteSF@yahoo.com. If you graduated within the last seven years please include your transcript. Attachments should be in WORD or PDF format only. Principals only, please.

Sincerely,

Mary Hastings, Legal Secretary

Rosette & Associates, PC
565 W. Chandler Blvd, Suite 212
Chandler, Arizona 85225
480.889.8990 — Office
480.889.8997 — Fax

mhastings@rosettelaw.com
www.rosettelaw.com

Clinton paper published in "Law Journal"

Robert Clinton An article by Professor Robert Clinton entitled “Enactment of the Indian Gaming Regulatory Act of 1988: The Return of the Buffalo to Indian Country or Another Federal Usurpation of Tribal Sovereignty?” will be published by the Arizona State Law Journal.

The article is one of seven papers the Journal will publish from the October 2008 conference, Indian Country’s Winning Hand: IGRA at 20, which was held at the Fort McDowell Resort and Casino.

Tsosie serves on Native Women and Intersectionality panel

Rebecca Tsosie Rebecca Tsosie, executive director of the College of Law’s Indian Legal Program, recently served on the Native Women and Intersectionality panel at the Fourth Annual CRS Symposium, “Intersectionality: Challenging Theory Reframing Politics Transforming Movements, Critical Race Studies Program.”

The symposium was held March 11-13 at the UCLA School of Law.

Tsosie is a Willard H. Pedrick Distinguished Research Scholar, a Faculty Fellow in the Center for Law and Global Affairs, and Affiliate Professor, American Indian Studies Program. She teaches in the areas of Indian law, Property, Bioethics, and Critical Race Theory, as well as seminars in International Indigenous Rights and in the College’s Tribal Policy, Law, and Government Master of Laws program. Tsosie, who is of Yaqui descent, has worked extensively with tribal governments and organizations and serves as a Supreme Court Justice for the Fort McDowell Yavapai Nation.

Clinton Speaks at "Stewards in Leadership" conference

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.

Artman Chapter included in "Emerging Issues" book

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.

JOB: Quinault – AG

Date: 4/30/2010 2:02:38 PM

Contact: Cheri Potter, Human Resource Specialist
Employer: Quinault Indian Nation
Address1: 1214 Aalis Dr.
CityStateZip: Taholah, Wa 98587
Email: cpotter@quinault.org
Website: www.quinaultindiannation.com
Phone: (360) 276-8215 ext. 577
AcceptingCalls: Yes

JobTitle: Attorney General
Salary: DOQ
Hours: 40 hours per week
Description: The Quinault Indian Nation is recruiting for an experienced federal Indian law practitioner to serve as the in-house Quinault Attorney General responsible for the implementation and administration of legal services to the Quinault Tribal Government and it?s entities. This fulltime position is within the 7 member team comprising the Office of Reservation Attorney, under the executive branch of the Quinault government. Our office is located next to the confluence of the Quinault River into the Pacific Ocean on the pristine Quinault Reservation. To apply, please call Human Resources Specialist, Cheri Potter(360) 276-8215 ext. 577 or contact via cpotter@quinault.org. The Nation is a tribal member and Indian preference employer. Applicants are encouraged to apply early, and to explore the Nation?s website at: quinaultindiannation.com.
  
Experience: Current Bar Members
Submit: Resume,Cover Letter,Writing Sample
SubmitOther: Interested applicants must submit an application, letter of interest, resume and writing sample to cpotter@quinault.org.
SendBy: Mail,Email
Deadline: May 18, 2010

Tsosie’s recent publications

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.

Conference to explore tribal role in future energy development

Conference to explore tribal role in future energy development
(Optional byline: By Judy Nichols)

A conference focused on energy development and the role of tribes, now and in the future, is scheduled for March 25-26 at the Ventana Ballroom at Memorial Union on the Arizona State University campus in Tempe.

“Tribal Energy Economies: Investing in a Sustainable Future” is sponsored by the Indian Legal Program at the Sandra Day O’Connor College of Law at ASU and the American Indian Policy Institute at ASU. The conference fee is $375 (by March 22), and $450 at the door. Register at www.regonline.com/tribalenergy.

The conference will assemble experts in project financing and energy development and will promote the exchange of ideas between tribal leaders, federal and state policymakers, attorneys, financiers and academicians.

“The College of Law is a national leader on both Indian Law and Law and Sustainability,” said Paul Schiff Berman, Dean of the College of Law. “With this conference we will become a key player in the creation of energy and development strategies in Indian Country, and we will provide the intellectual resources so that mutually beneficial deals can be struck.”

The Indian Legal Program is proud to sponsor the conference on the future of energy development in Indian Country, said Professor Rebecca Tsosie, Executive Director of the Indian Legal Program and an Affiliate Professor in ASU’s American Indian Studies Program.

“The issue is of global and national importance, given the major shifts in energy policy that are likely to occur in response to climate change,” said Tsosie, a Willard H. Pedrick Distinguished Research Scholar at the College of Law. “Indian nations are poised to become global leaders in this discussion, as they explore whether and how to develop renewable and alternative energy resources, in addition to conventional forms of energy production. Many tribal communities possess deeply embedded cultural norms of sustainability that can inform tribal energy policies, as well as national energy directives. We look forward to an active and inspirational set of presentations, and we are honored to host these leaders at ASU.”

Energy production offers great potential for sustainable economic development in Indian country, said Professor Carl Artman, Director of the College of Law’s Economic Development in Indian Country Program.

“The foundation of a tribal energy economy will be the land and infrastructure of the tribe, but success will be built on the imagination and determination of the leadership,” Artman said. “This conference, the first of a series that will focus on tribal economic development, will bring together leaders from Indian country, policy development, business, and finance. It will provide a platform for veterans of traditional energy development to trade experiences with those on the precipice of new forms of production, while simultaneously providing both networking and learning opportunities.”

The conference is the first opportunity people will have to speak with and question the authors of new federal energy legislation, the Indian Energy Promotion and Parity Act of 2010. U.S. Sen. Byron Dorgan (D-ND), Chairman of the Senate Committee on Indian Affairs, recently released a discussion draft of the bill, which seeks to address many of the challenges facing Indian tribes as they try to establish a foothold in the larger energy development industry. The proposed legislation contends with rights-of-way across Indian lands, inclusion of tribes in regional and state infrastructure planning, and financing matters.

Conference panels include: A Brief Look Back to the Past with and Eye to the Future, Federal Initiatives that Will Help Define the Future; The Impact of Current Legislation on Indian Country Energy Economies, The Business of RPS, Carbon Markets, and Indian Country, Renewable Energy on Indian Lands, Alternative Energy on Indian Lands, Logistics and Transmission, Financing of Energy Projects and Tribal Infrastructure and Sustainability.

Larry EchoHawk, Assistant Secretary of Indian Affairs, and other invited panelists include tribal, governmental, financial and corporate experts, including representatives of the Osage Nation, the Navajo Nation, the Mandan, Hidatsa, and Arikara, Quinault Indian Nation, the Agua Caliente Band of Cahuilla Indians, the Campo Kumeyaay Nation, National Congress of American Indians, and the Gila River Indian Community.

Rep. Christopher Clark Deschene (D-St. Michaels), a panelist on the session, “The Impact of Current Legislation on Indian Country Energy Economies,” said he is anticipating a productive and informative discussion of U.S. House and Senate energy policy development as it pertains to current energy projects in Indian Country.

“As Indian Country progresses into the 21st century, energy policy must be considered as a vital component to building economies and strengthening tribal sovereignty,” Deschene said. “I believe tribes, corporations and utilities all recognize the importance of energy development in Indian Country.”
Participating energy entities include Ta-Té Topa (Four Winds) Energy Corp., TectaSolar, Oneida Seven Generations Corp, Warm Springs Power & Water Enterprises, Diné Power Authority, APS, Citizen’s Wind, Solventerra LLC, and NativeEnergy. There also will be representatives of the Bureau of Indian Affairs, U.S. Department of the Interior, the Arizona Legislature, the U.S. Senate Committee on Indian Affairs, the Bureau of Land Management, and the Department of Agriculture for Rural Development, as well as numerous financial and legal experts.

Tracey LeBeau, a tribal energy attorney and Director of the Indian Country Renewable Energy Consortium (ICREC), will moderate the conference panel, “Logistics and Transmission, which will examine the critical importance of, obstacles and opportunities for energy infrastructure growth.

“All the energy generation in the world is only as good as our ability to get it to market,” said LeBeau, Senior Managing Director at Sonnenschein Nath & Rosenthal LLP in Phoenix. “A heretofore untapped critical mass of renewable resources is in Indian Country. Indian Country needs transmission and infrastructure investments and is ready to step up as partners, rather than simply hosts, for projects and for infrastructure.”

The conference will offer the tools for Indian energy entrepreneurs to chart a course for tribes to increase their leverage now and create sustainable energy economies for the future. Participants will discuss strategies to promote investment and prepare tribes for a transition into sustainable energy economies, and examine the economic and cultural issues associated with large-scale build-outs on tribal lands.

“I hope participants will learn to look at energy, not just as a single event opportunity, but a chance for Indian communities, and those communities surrounding Indian Country, to look at the entire energy value chain — infrastructure, manufacturing, renewable generation, green jobs, clean technology development,” said ICREC Board President James Gray, Principal Chief of the Osage Nation, who will deliver the conference’s introductory remarks. “And Indian Country isn’t going anywhere. The jobs Native American tribes and corporations create will stay native to America.”

The conference is designed for tribal leaders, directors, attorneys, and council members; bankers and financiers working in Indian country or in the traditional or renewable energy sector; energy engineering consultants and providers of technical professional services in architecture, building, engineering design and planning. For more information, contact Darlene Lester at 480-965-7715, or darlene.lester@asu.edu.

The Sandra Day O’Connor College of Law, renamed for the retired U.S. Supreme Court Justice in 2006, is pursuing a bold and transformative model for public legal education in the 21st century, a model we call “legal education in the future tense.” This model re-imagines the law school as a multifaceted legal studies center serving law students, professionals from other fields, and undergraduates seeking broad-based exposure to legal issues. At the core of this expansion is a dedication to making the law school a valuable resource for addressing major regional, national, and international problems of law and public policy. The College is the leading law school in the Phoenix area, boasts an Indian Legal Program that is arguably the best in the nation, houses the Center for the Study of Law, Science & Innovation, the oldest, largest and by far the most comprehensive law and science center in the country, and the new Center for Law and Global Affairs. Beyond the traditional J.D., the College offers several concurrent degrees, including a J.D./M.D. program with the Mayo Medical School, a J.D./M.B.A. with the W. P. Carey School of Business at ASU, a J.D./Ph.D. in Law and Psychology with the ASU Department of Psychology, and a J.D./Ph.D. in Justice Studies with the ASU School of Social Transformation’s Justice and Social Inquiry Program. It also offers graduate degrees in Biotechnology and Genomics and in Tribal Policy, Law and Government. A Master of Legal Studies program gives non-lawyers an opportunity to develop needed legal skills to help students advance in their professional careers.

Early Bird Rate and CLE credits! Tribal Energy Conference

Early Registration extended through March 22nd.
Take advantage of the low rate! ($375 for 10 CLE credits!)

CLE Credit for AZ, CA, and pending in NM, and WI.

** It has come to our attention that many have lost CLE budgets due to the economy. Please contact me personally if you would like to attend but need a scholarship. **

Join the Indian Legal Program at the Sandra Day O’Connor College of Law at Arizona State University for the “Tribal Energy Economies: Investing in a Sustainable Future” conference on March 2…5-26, 2010. Visit the conference website to see the agenda and learn more about this timely and important topic in Indian Country. The conference website address is www.Regonline.com/TribalEnergy.