Wednesday, May 30, 2007

Roxann Gallagher ('02)

Roxann Gallagher ('02) has joined Ballard Spahr Andrews & Ingersoll, LLP in Phoenix, Arizona.

Breakfast at the AZ State Bar Convention

Alumni Breakfast at the Arizona State Bar Convention 2007

Catch up with other alumni of the Sandra Day O'Connor College of Law at a breakfast reception during the 2007 State Bar of Arizona Convention. The reception is 8-9 a.m. on Thursday, June 28, in the Greenway Room at the Westin Kierland Resort & Spa, 6902 E. Greenway Parkway, Scottsdale, AZ.

Visit to RSVP

Job - General Counsel & 3 Attorney positions for Washoe Tribe


The Washoe Tribe is hiring for the position of General Counsel. A description is available at,com_jobline/Itemid,54/task,view/id,66/

The application is available at:

For further information about the Washoe Tribe please see our website at

The Tribe is located in the beautiful Carson Valley adjacent to Lake Tahoe. The Tribe offers amazing benefits, 401(k) and there is no state income tax. There are also three other attorney positions available. Please see the listing posted on 4/25/07. If you have any questions, please contact our Human Resources Department: Washoe Tribe of Nevada and California 919 US Highway 395 South Gardnerville, Nevada 89410 Telephone: 800-769-2746 ext. 1118

Tuesday, May 22, 2007

Class of 2007!

Congratulations to the Class of 2007!

Graduates include:

Steven Bott
(1st recipient of the LL.M in Tribal Policy Law & Government)

Jasmine Andreas (Bishop Paiute)

Helen Burtis

Cherie Espinosa (Navajo)

Carlen Fuller

Kaniatari:io Gilbert (Mohawk)

Denise Hosay (Fort McDowell Yavapai Nation)

Genevieve Nicholson

Robbi Smith (Skokomish)

Ann Denise Taylor (White Mountain Apache)

Ayesha Vohra

Indian Law 101 - Register Now!

Indian Law 101

Friday, June 22, 2007
8:30 a.m. to 5:00 p.m.
Seattle, Washington

Seattle University’s Law School
Sullivan Hall – Room C5

Presented by:
Indian Legal Program, Sandra Day O’Connor College of Law at Arizona State University

Sponsored by:
The Institute for Indian Estate Planning and Probate at Seattle University School of Law

Learn Indian law from the experts! Indian Law 101 will cover the basic areas of Indian law. This Continuing Legal Education Program is an introductory course for attorneys and non-lawyers or a refresher course for attorneys who have already taken Indian Law. The ILP encourages attorneys, tribal judges, state court judges, federal judges, tribal leaders, tribal department heads, law students and members of the public to attend.

To register visit: Early Registration is $175 if received by May 22nd. If you register after May 22nd, the fee is $200.00. Scholarships are available.

  • History of Federal Indian Law
    Robert Clinton, Foundation Professor of Law
    Sandra Day O’Connor College of Law at Arizona State University
  • Jurisdiction
    Rebecca Tsosie, Pedrick Distinguished Research Scholar
    Professor of Law & Executive Director of the Indian Legal Program
    Sandra Day O’Connor College of Law at Arizona State University
  • Public Law 280
    LynDee Wells, Partner
    Dorsey & Whitney LLP
  • Treaty Rights
    Doug Nash, Director of the Institute for Indian Estate Planning and Probate
    Seattle University School of Law
  • Tribal Courts
    Robert Anderson, Professor of Law
    Director, Native American Law Center
    University of Washington School of Law
  • Indian Gaming
    Kevin Gover, Professor of Law
    Sandra Day O’Connor College of Law at Arizona State University

For more information contact:

Kate Rosier, Director
Indian Legal Program
Sandra Day O'Connor College of Law
Arizona State University
Phone: (480) 965-6204Fax: (480) 965-2427

Kevin Gover Presents National Paper

Kevin Gover Kevin Gover, a professor with the Sandra Day O'Connor College of Law at Arizona State University, presented a major paper at the National Native American Economic Policy Summit held at the Hyatt Regency Phoenix on May 15. The paper, "Legal Infrastructure and Economic Development," explores the creation of rules that will allow investors, entrepreneurs and other businesspeople to operate with tribes and on reservations. Gover states that very little has been written about the impact of legal reforms on economic development, that much of the literature deals with developing countries, and that tribes must deal with jurisdictional issues that nation-states do not experience. "The diversity of Indian Country is vast, and reforms that might work - and even those that have worked - for one tribe may tell very little about what will work for another tribe," Gover writes. He concludes that tribes must anticipate rules needed for expected business, must fully fund legal systems to implement and enforce laws, and should consider alternatives such as permitting state courts to hear reservation disputes. Read the paper here. Gover appeared on a panel on legal infrastructure along with Diane Enos, president of the Salt River Pima-Maricopa Indian Community, and Shawn Real Bird, tribal operations specialist for the Crow Tribe. The goal of the Summit was to identify federal policies that have successfully stimulated tribal economies as well as persistent barriers that can be addressed through policy enhancements. Eddie Brown, director of the American Indian Studies Program at ASU, was the facilitator for a session on Economic Policy, along with Jacqueline Johnson, executive Director of the National Congress of American Indians. The Summit was co-sponsored by several tribal and government entities, including the U.S. Department of the Interior, Bureau of Indian Affairs, the National Congress of American Indians, and the ASU American Indian Leadership & Policy Development Center, a transdisciplinary effort supported by the Sandra Day O'Connor College of Law, the ASU College of Liberal Arts and Sciences and the Mary Lou Fulton College of Education.

Job Opening with the Hopi Tribe

The Hopi Tribe - Assistant General Counsel - Office of General Counsel

The Hopi Tribe is seeking an attorney for its Office of General Counsel. The Assistant General Counsel works on a wide variety of legal issues in the course of advising the Hopi Tribal Council in carrying out its legislative and other governmental responsibilities. The attorney will assist the Office of General Counsel in meeting the Tribe's litigation, economic development, administrative, and sovereignty objectives. The attorney must have substantive experience in Federal Indian law and have the ability to work effectively with tribal leaders and community members. The Tribe prefers that applicants have five or more years of experience, but will consider all applicants. Litigation, environmental, natural resources, or legislative experience will be helpful as would knowledge of such areas of the law as ICWA. Exceptional research and writing skills are essential. You must be a motivated self-starter with a strong work ethic and good organizational skills. The salary for the position is negotiable depending upon experience. You must be a member of the Arizona State Bar or able to become a member within one year of taking the position. The Hopi Tribal headquarters are located at Kykotsmovi, Arizona, 85 miles northeast of Flagstaff, Arizona.This position will remain open until filled or withdrawn.

To apply, please send letters of interest with a resume and a self-edited writing sample to: Lynelle Hartway, Office of General Counsel, The Hopi Tribe, P.O. Box 123, Kykotsmovi, AZ 86039. Electronic submissions in Word format will be accepted and can be sent to For any questions, the Office of General Counsel can also be reached at: 928-734-3140; fax: 928-734-3149.

Ninth Circuit news

On Friday, a great panel of the Ninth Circuit (Paez, Thompson, and Nelson) issued a decision in US v. Smiskin, No. 05-30590 (May 18, 2007). Relying on the Yakama Nation's "right to travel" treaty provisions, the Court upheld the dismissal of indictments against tribal members for violations of the Federal Contraband Cigarette Trafficking Act.

Here is a link to the opinion:$file/0530590.pdf?openelement

Thursday, May 17, 2007

Patty Ferguson Bohnee Joins the ILP Faculty

Patty Ferguson Bohnee will join the ILP faculty and staff as the new Director of the Indian Legal Clinic.
Ms. Ferguson-Bohnee received her Bachelors degree with Honors in Native American Studies with an Emphasis in Policy and Law from Stanford University and her Juris Doctorate from Columbia University School of Law with a certificate in Foreign and Comparative Law. During law school, Ms. Ferguson-Bohnee served on the Editorial Board of the Columbia Human Rights Law Review, participated in the Human Rights Internship Program, and participated in the Mediation Clinic. After law school, Ms. Ferguson-Bohnee clerked for the Honorable Betty Binns Fletcher of the Ninth Circuit Court of Appeals. Ms. Ferguson-Bohnee was an Associate in the Indian Law and Tribal Relations Practice Group at the law firm of Sacks Tierney P.A.

Ferguson-Bohnee has substantial experience in federal and state tribal recognition matters and recently assisted four bayou tribes in obtaining recognition from the state of Louisiana. She has conducted historical research projects on Louisiana Indians and served as Fulbright Scholar to France, where she researched French colonial relations with Louisiana Indians in the seventeenth and eighteenth centuries.

Ferguson-Bohnee has represented tribal clients in administrative, state, federal, and tribal courts, as well as before state, city, and county governing bodies. Ms. Ferguson-Bohnee recently proposed revisions to the Real Estate Disclosure Reports to include tribal provisions. Ms. Ferguson-Bohnee has extensive experience in voting rights and election law matters. Ferguson-Bohnee has assisted in complex voting rights litigation on behalf of tribes, and she has drafted state legislative and congressional testimony on behalf of tribal clients with respect to voting rights issues. In addition, Ms. Ferguson-Bohnee has assisted tribes and tribal entities in government relations, drafting appellate briefs, drafting grievance decisions, drafting codes and constitutions, and analyzing environmental compliance issues.

Ms. Ferguson-Bohnee is a member of the Pointe-au-Chien Indian Tribe.

Congrats to Professor Gover

We are delighted to announce the good news that Kevin Gover will be a tenured Professor of Law as of July 1. Congrats!

Indian Law Online CLE


Indian Law Continued Legal Education
Online CLE Conferences & Self Study DVD's

Recent CLE Conferences sponsored by Arizona State University'sSandra Day O'Connor College of Law - Indian Legal Program, have been professionally videoed and now available in:
  • online webstreaming seminars (1 - 2 day conferences), or
  • online selected lectures (segments of the 1 - 2 day conferences), or
  • DVD set format for the entire 1 - 2 day conferences

Now you can enjoy Indian Legal Program CLE conferences, complete with PowerPoint presentations and materials, in the comfort of your own home and/or office. Study at your own pace!

  • earn full interactive CLE credits, or self study CLE credit with DVDs
  • save valuable time away from your home or office, no travel required
  • take breaks when you want - study at your own pace
  • share the DVD's among your office, staff, colleagues, and friends
  • keep the DVD's in your library as a valuable reference resource

Faculty includes: Rebecca Tsosie, Robert N. Clinton, Kevin Gover, Don Warne and many more..... Please visit


For further information about these conferences and DVDs, please visit our website, telephone Kathlene Rosierat (480) 965-6204 or email:

CLE programs, including ethics credits, available for $50.00 and up. All proceeds benefit the ASU Foundation Indian Legal Program Scholarship Fund.

College of Law On-line Store

The new Sandra Day O’Connor College of Law online Store is now Open! Visit the College of Law’s home page to see what is available.

Opportunity for the Native Legal Community

Below is an upcoming opportunity that I would like your help in disseminating to the native legal community. As we have discussed in our prior bar formation meetings, once the Native Bar Association is formed, that would be the ideal forum to share this type of information with the native legal community.

As you may be aware, the State Bar Board of Governors approved the creation of a Bar Leadership Institute (BLI), designed as an annual educational seminar for attorneys from diverse groups. It will foster professional growth and enhance leadership skills. The Task Force proposed that up to 15 attorneys attend the institute each year, with selection through an application process. The Bar Leadership Institute will be selecting its first class during the summer of 2007. The BLI Committee is currently selecting its Advisory Board and should have that completed very soon. After the Advisory Board is in place, the Board will review and approve the selection process and associated forms. Once the Board approves the process, the BLI marketing information and application forms will be distributed and applications will be accepted.

This initiative is on a fast track and we do not want interested members of the native legal community to miss out on this opportunity. As applications become available, I will send to you electronically. See the attached link for more information:

For additional information, please contact Mari Valenzuela, chair of the BLI Committee at, Herb Zinn or Sal Rivera, DTF co-chairs, and

If I can be of any help, don't hesitate to call me. Thanks.
Linda J. Benally Attorney Pinnacle West Capital Corporation Law Department 400 N. 5th Street - MS 8695 Phoenix, AZ 85004

Kerry Patterson ('01)

Kerry Patterson ('01) has recently accepted a position at Fennemore Craig in Phoenix, Arizona.

Meredith Drent ('00)

Meredith Drent ('00) accepted a staff attorney position with the San Manuel Band of Mission Indians in Highland, California (Riverside/San Bernardino area). She also continues to serve as a Justice for the Osage Nation Supreme Court.

Ninth Circuit Court of Appeals

The Ninth Circuit Court of Appeals, in a decision written by Judge Thomas, affirmed the district court's decision finding that a 2004 Biological Opinion jeopardy analysis (whether the proposed actions would reduce the survival and recovery of the species) was structurally flawed and incompatible with the Endangered Species Act. This decision was favorable to treaty tribes seeking to preserve their treaty fishing rights.

Get the decision:$file/0635011.pdf?openelement

Indianz.Com. In Print.

Court rejects Bush salmon plan on Columbia RiverTuesday, April 10, 2007Filed Under: Environment Law

A federal appeals court rebuked the Bush administration on Monday for failing to consult tribes with treaty rights in the Pacific Northwest. The Nez Perce Tribe of Idaho, the Umatilla Tribes of Oregon, the Warm Springs Tribes of Oregon and Yakama Nation of Washington signed treaties in 1855 to preserve their fishing rights on the Columbia and Snake rivers. But they say four hydroelectric dams have harmed the salmon that is so important to their way of live. In hopes of preserving the fish and their cultures, the tribes have sought removal of the dams. Their campaign was dealt a blow in December 2004, when the Bush administration issues a biological opinion that rejected breaching as a means of protecting endangered and threatened salmon runs.

In May 2005, a federal judge threw out the biological opinion, saying it was based on flawed science, and ordered the administration to consult with the treaty tribes. Government attorneys appealed the decision and said the consultation directive was out of bounds. The 9th Circuit Court of Appeals, however, rejected those arguments. In a unanimous decision, the court said the biological opinion "amounted to little more than an analytical slight of hand" and violated the Endangered Species Act.

The court further agreed that the consultation requirement was reasonable, given the history of the case. At one point, near the end of the Clinton administration, the federal agencies in charge of the dams said breaching was an option. But when President Bush took over in January 2001, the landscape changed and dam removal was taken off the table. "We hold that on this record, requiring consultation with states and tribes constitutes a permissible procedural restriction rather than an impermissible substantive restraint,' Judge Sidney R. Thomas wrote for the majority.

The decision doesn't mean the government must remove the dams but advocates said there is no other choice in order to save the salmon. "Our region needs a scientifically sound, economically viable solution, and that solution includes removing the four dams on the lower Snake River," said Steve Mashuda, an attorney with Earthjustice, one of the many groups involved in the case. The four Columbia River treaty tribes participated in the case through friend of the court brief. In February of this year, the tribes reached an agreement with the government to cover operations for 2007.

A fifth tribe, the Kootenai of Idaho, intervened in the case as a defendant on the side of the government but has supported efforts to protect salmon and has called on federal agencies to include tribes in their efforts in the Pacific Northwest. The court's decision also requires the federal agencies to consult the Spokane Tribe of Washington and the Colville Tribes of Washington. Separately, the Yakama Nation won a court decision to require the government to keep operating the Fish Passage Center, which counts salmon on the Columbia River. Sen. Larry Craig (R-Idaho) inserted a rider into an appropriations bill aimed at killing funding for the center in direct response to the case.

Construction in Indian Country

The Del E. Webb School of Construction & the Office of American Indian Affairs at ASU

are proud to present

4th Annual “Construction in Indian Country” (CIIC) Conference
May 22-23, 2007
Radisson Fort McDowell Resort
Fort McDowell, AZ

4th Annual “Construction in Indian Country” (CIIC) Golf Mixer
May 21, 2007
Talking Stick Golf Club
Scottsdale, AZ



The “Construction in Indian Country” (CIIC) Conference promotes positive construction and development in Indian Country by providing educational workshops on current construction issues concerning Tribal communities. The CIIC Conference provides valuable networking opportunities for Tribal leaders and representatives, construction professionals, Federal, state, and local agencies to continue building relationships and begin creating solutions for current and future construction issues. Proceeds from the conference maintain an educational endowment for American Indian students attending Arizona State University’s Del E. Webb School of Construction.

Conference Topics:

· Legal Issues
· Regulatory Issues
· Project Successes
· Budgets
· Finance
· Infrastructure
· Alternative Project Development
· Planning & Pre-Construction
· Housing Forum
· New! Hands-On Training

Speakers Include:
· Honorable Raphael Bear, Fort McDowell Yavapai Nation
· James Ernzen, Arizona State University
· Honorable Jamie Fullmer, Yavapai Apache Nation
· Urban Giff, Gila River Indian Community
· Lance Morgan, Ho-Chunk Inc.
· John O’Neil, Yavapai Apache Nation
· Peterson Zah, Navajo Nation

Conference & Golf Registration Fees:

American Indian:
$375 per person by 5/4/07
$425 per person on site

Industry & Agency:
$485 per person by 5/4/07
$535 per person on site

$125 per player for Conference Registrants
$1,200 Corporate Sponsor package (golf foursome and corporate hole signage)

Hotel Information:

Radisson Fort McDowell Resort
10438 N. Fort McDowell Road
Fountain Hills, AZ 85264

Reservations can be made by calling 480.836.5300. In order to receive the special discounted room rate of $109 per night, you must refer to the “Construction in Indian Country Conference” when making reservations. Reservations must be made by April 21, 2007, to get the preferred rate.

Conference Sponsors:

$10,000 Turquoise Sponsors
Arizona Department of Housing (ADOH)
Bureau of Indian Affairs (BIA)
Salt River Project (SRP)

$5,000 Coral Sponsor
D.L. Withers Construction
Navajo Engineering & Construction Authority (NECA)
W.E. O’Neil
Chanen Construction Company, Inc.
Major Contributor
Leo A Daly

Golf Sponsors:

We are excited to announce, Salt River Materials Group (SRMG) as Title Sponsor of this year’s Golf Mixer as well as their recent pledge of $100,000 over the next four years, all of which is going toward our educational endowment for American Indians in Construction Management within the Del E. Webb School of Construction at Arizona State University.

$25,000 Title Sponsor
Salt River Materials Group (SRMG)

$5,000 Lunch Sponsor
Desert Diamond Casino

$3,500 Breakfast Sponsor
Maricopa Readymix

$1,200 Corporate Sponsor
Au’ Authum Ki, Inc.
Brown & Associates
Gila River Gaming Enterprise, Inc.
Hanson Aggregates Arizona, Inc.
Key Bank Native American Financial Services
Navajo Engineering & Construction Authority (NECA)
Salt River Project (SRP)

Sponsorship & Exhibitor Opportunities:

Sponsorship opportunities are available for the Conference and Golf Mixer. For more information visit our website at or contact our coordinator, Kimberly Silentman-Kanuho at or 480-727-3105.

Exhibitor spaces are available. Showcase your company to leaders, contractors, and decision-makers in Indian Country. Contact Anita Challis at or 480-965-7506.