Tuesday, December 23, 2008

Indian Law Clinics Conference

June 7-9, 2009

Third Annual Indian Law Clinics and Externship Programs: Symposium and Workshop

Southwest Indian Law Clinic UNM School of Law
University of Denver Sturm College of Law

The Tribal Law Practice Clinic Washburn University School of Law
Arizona State University Sandra Day O’Connor College of Law

Where: Isleta Casino & Resort, Pueblo of Isleta (located just south of Albuquerque, New Mexico)
Web site: www.isleta-casino.com

For: Professors, Directors, Clinicians and Staff of Indian Law, Poverty Law, Economic Justice and Community Lawyering Clinics and those interested in carefully considering their work with Communities through the provision of legal representation.

Goal: To dedicate time and space for Indian law clinics and other clinicians working with minority populations to work in solidarity on Poverty Law and Community Lawyering issues, to discuss our shared mission and differing perspectives, and to support new ideas

We look forward to your participation in our Exciting Symposium Program.
Watch for more Program details Coming Soon.

Professor Christine Zuni Cruz Professor Aliza OrganickProfessor Barbara Creel Tribal Law Practice Clinic
Southwest Indian Law Clinic Washburn University School of Law
UNM School of Law 785-670-1664
505-277-5265 (P)

For registration information contact:
Mitzi Vigil
(505) 277-0405

Friday, December 19, 2008

Legal Considerations in Today's Financial Markets

Katosha Belvin Nakai ('03) has written an article that was featured on page 10 of the December/January issue of Native American Journal. The article is titled "Legal considerations in Today's Financial Markets".

Katosha is an attorney with Lewis and Roca, LLP. Her practice focuses on government regulation, infrastructure and resource development in Indian Country.

Congrats Katosha!

Thursday, December 11, 2008

CLE in Colorado before NNALSA Moot Court Competition

Native Americans, Race and the Constitution
Friday, February 27, 2009
8:30 - Noon

University of Colorado Law School
Wolf Law building - Room 204
2450 Kittredge Loop Road
Boulder, CO

Tuition $100
3 Gernal and .5 CLE applied for

To register and for more information visit:
or contact Jill Tompkins
(303) 492.8126

Presented by the CU and DU Chapters of the Native American Law Students Association

Thursday, December 04, 2008

Reception for Regent Leonard

The first Native American appointed to the Arizona Board of Regents said she’s honored to serve on the board, but it comes with a great challenge. “It’s being a part of history, but it’s also a great responsibility to represent not only Native Americans but also rural Arizona,” said LuAnn Leonard, a member of the Hopi Tribe.

The Indian Legal Program at the Sandra Day O’Connor College of Law hosted a reception Wednesday to honor Leonard, who joined the board in March. Gov. Janet Napolitano chose to nominate Leonard in a push to find experienced leaders in education from counties with fewer than 800,000 people, Leonard said.

“When I got the call from the governor’s office … I knew that if I didn’t try and say yes to going forward with the nomination that we might miss an opportunity for Native Americans,” she said.
“Napolitano knew there had never been a Native American regent, and she wanted to change it.”
Leonard said she has made it her goal to increase awareness of Native communities at the state universities. She said she has invited President Michael Crow to visit her community next summer. NAU President John Haeger and UA President Robert Shelton have already visited. "It was really eye-opening to them,” she said. “Our way of life in rural communities is very different.”

Peterson Zah, former president of the Navajo Nation, said Leonard is an important addition to the board because of her experience in unique Native education systems. “They are not doing very well retention wise,” said Zah, who also works at ASU as an adviser on American Indian affairs. “They have a significant problem. They have unique problems only someone like Regent Leonard can identify.”

Zah said Leonard would be able to show her experience at the ABOR meeting Thursday, when regents are set to vote on a tribal consultation policy would require each university to designate tribal liaisons and submit annual reports regarding relations with Native American tribes. "Regent Leonard would be able to bring the regents’ attention to that [relationship],” he said.

Rebecca Tsosie, executive director of the Indian Legal Program, told Leonard her appointment is a great step forward for Native American education. “It was like a dream that someone like you could be able to represent our people,” she said. “We are in a time of transformation, but your leadership will lead us through.”

Ross Meyer, a student regent from ASU, said Leonard adds to the diverse spectrum of ABOR, which helps ensure accessibility to education and financial aid. “It’s great to get that perspective on the board,” said Meyer, a second-year law student. “She’s a great addition.”

Leonard said she is looking forward to being a part of shaping the future of the university system at Thursday’s ABOR meeting, but she would not comment on how she will vote on the tuition proposals.

To conclude the ceremony, members of the Indian Legal Program gave Leonard an ASU stationery set. Leonard said anyone attending the ASU-UA football game can expect to see her showing it off. “I’ll be flashing the ASU pen,” she said.

Reach the reporter at adam.sneed@asu.edu.

Tuesday, December 02, 2008

Professor Clinton's Presentations

Professor Robert N. Clinton of the Indian Legal Program spoke on a panel, "One Country, Separate Sovereigns: Emerging Issues in Indian Law," at the Appellate Judges Education Institute this weekend. The conference brought together federal and state appellate judges, appellate staff attorneys and appellate lawyers, was held at the Doubletree Paradise Valley Resort in Scottsdale on Nov. 13-16. Also on the panel with Clinton was Judge William Canby Jr. of the 9th U.S. Circuit Court of Appeals and a founding faculty member of the College of Law, Judge Joseph Thomas Flies-Away of the Hualapai Tribal Court, and Elizabeth Rosenbaum, an Indian law practitioner. The panel was moderated by Charles G. Cole of Steptoe & Johnson. Retired U.S. Supreme Court Justice Sandra Day O'Connor spoke at the annual dinner on Nov. 15.

Professor Clinton will be presenting “The Return of Indian Treaty Making” at the University of Kansas on Friday, February 13, 2009. The 2008-2009 Tribal Law and Government Conference will focus on “Innovations in Tribal Governance”

Professor Tsosie's Presentations

Tsosie at ALA Conference
Rebecca Tsosie presented at the Cultural Heritage and Living Culture Conference in Washington DC. In November the American Library Association’s Office of Information Technology Policy hosted a thoroughly stimulating conference on Cultural Heritage and Living Culture: Defining the U.S. Library Position on Access and Protection of Traditional Cultural Expression. The conference aimed to discuss and debate the present and historical role of archives, libraries, and museums in preserving and providing access to the “traditional cultural expressions” (TCE) of indigenous people and traditional communities worldwide. The conference further aimed to begin forming ALA positions on TCE, including how the rights of native people in their own TCE interact with conventional Western concepts and codifications of intellectual property. ALA will be able to carry forth these positions to discussions with global organizations such as UNESCO and the United Nation’s World Intellectual Property Organization (WIPO). WIPO’s Intergovermental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore (IGC), addresses protections for TCE, which affect and are affected by international copyright treaties and U.S. copyright law.

Tsosie at ITCA Conference
In October, Professor Tsosie presented at the Inter Tribal Council of Arizona’s conference “Future Directions of Tribal Health Research in Arizona” on Intellectual Property and Cultural Property.

JOB: Gila River Prosecuter (2 positions)


$58,892 per annum (DOE)
(2 vacancies)


Law Office 2009-092 December 2, 2008 to December 16, 2008
(Criminal Division, 151 S. Bluebird, Sacaton)

The Prosecutor I position involves representing the Community in the litigation of criminal complaints, civil petitions and juvenile offender matters in the Community courts as plaintiff or petitioner; represents the Community in Court at arraignments/initial hearings, pretrial/status conferences, review and evidentiary hearings and trials/adjudications; legal research and writing; intimately familiar with professional responsibilities as an Attorney; and will likely be assigned to Children’s Court.

· Conduct legal research, analysis and document production related to the litigation of criminal and civil cases in the Community courts.
· Draft legal pleadings for the Community courts.
· Gather and analyze evidence in criminal and civil cases.
· Maintain case files, calendars and database for criminal and civil cases.
· Assist in the development, revision and codification of the Community’s laws, resolution and ordinances.
· Assist in representing the Community at meetings, court proceedings and other functions.
· Perform other related duties as assigned.

· Background and knowledge of criminal law with some practical experience in criminal case preparation and litigation preferred;
· Knowledge of and experience in application of the principles of jurisprudence and legal analysis, including a background in and knowledge of Federal Indian Law;
· Ability to work both independently and intensive concern with others;
· Ability to clearly and succinctly articulate ideas and logical analysis both orally and in writing;
· Ability to maintain effective working relationships with other employees, Community Officials and the general public;
· Ability to perform all physical requirements of the position; agree to maintain a Drug-free workplace.

Juris Doctorate degree from an ABA accredited school of law with current membership in good standing with the Arizona State Bar or must take and pass the Arizona Bar of Exam within one (1) year of employment.

Valid state driver’s license with proof of driving record for the past 39 months will be required to qualify for a tribal driving permit. Proof of driving record must be submitted with application.

Reports to General Counsel or designee

Preference in filling vacancies is given to qualified Indian candidates in accordance with the Indian Preference Act (Title 25, U.S. Code, Section 472 and 473). The Gila River Indian Community is also committed to achieving the full and equal opportunity without discrimination because of Race, Religion, Color, Sex, National Origin, Politics, Marital Status, Physical Handicap, Age or Sexual Orientation. In other than the above, the Gila River Indian Community is an Equal Opportunity Employer.

If you are claiming Preference Points in one or more of the following categories please attach a copy of the required documentation to the completed Employment Application.

· Six (6) preference points for Community Members (with proof of enrollment)
· Three (3) preference points for Native Americans (must meet membership requirement of an established Tribe)
· One (1) preference point for Spouse of Community Member (with proof of spouse enrollment)
· One (1) preference point for Veteran (must meet statutory requirements)

DEADLINE: Employment Applications are available at all District Service Centers, the Human Resources Department and online at www.gilariver.org. Employment Applications must be received in the Human Resources Department by 5:00 pm on the closing date.


Gila River Indian Community, Human Resources Department
Post Office Box 97
Sacaton, Arizona 85247
Fax: (520) 562-9809

Thursday, November 20, 2008

Diane Humetewa article ('93)

Diane Humetewa (Class of 1993), the first Native American to serve as U.S. Attorney for the District of Arizona, was one of a handful of Native students in her law-school class, only half of whom graduated despite tremendous support from the Indian Legal Program.

"It made me realize the importance of helping other Native students succeed," said Humetewa, who has stayed connected to the program and has served as a mentor.

"These students come from Indian communities, smaller towns, and don't have the huge university experience," she said. "Often they wonder, 'How will this education matter to the community I'm going to go back to?' "The program has helped fill in the gaps with mentors, and engaged students in the local community through clinics and summer programs."

Law school was not something Humetewa had planned on. She worked in the U.S. Attorney's Office in 1986 as one of the first victim-witness advocates in the federal criminal Justice system and helped develop a victim advocacy model that was replicated nationally. "Several of my colleagues encouraged me to go to law school," she said.

Both Humetewa's parents went to Indian boarding schools, her father in Santa Fe and her mother at Phoenix Indian High School. They expected their children to go to college, but were surprised and pleased when Humetewa decided on law school. "They saw the passion I had for working with crime victims, making sure their needs were addressed, and for handling what can be emotionally draining cases, and they appreciated that," she said.

Judge Stephen M. McNamee of the U.S. District Court of Arizona, told her to choose a local law school. "He said, 'You're most familiar with the legal environment in Arizona, your primary focus is to come back and be a prosecutor here in Arizona, and you'll have more localized opportunities for mentoring and summer work that will matter for your long-term goal,' " Humetewa said.

The Indian Legal Program at Arizona State University was welcoming and supportive, said Humetewa, who met Siera Russell, then-director, and Paul Bender, who taught Indian law. "I literally had no knowledge of Indian law as it is known today," Humetewa said. "But it felt like a nurturing place. The individuals there were just as interested in my success as I was." Support included study groups and tips on how to survive the first year. "They also assigned us mentors," Humetewa explained. "One of mine was Diane Enos, who is now president of the Salt River Pima-Maricopa Indian Community, dealing with some of the most sophisticated issues in Arizona."

And she learned of an internship on Arizona Sen. John McCain's staff. "Taking that internship, spending a semester in Washington, D.C., helped me put a practical background to the federal Indian law I was learning," Humetewa said. "It all jelled."

Humetewa said the Indian Legal Program had a profound impact on her. "The concentration of faculty and their foresight that federal Indian law touched on so many aspects of society, economically and politically, provided me a great opportunity to understand," Humetewa said. "What made the program so successful was the leadership of the law school and their recognition that there is a unique opportunity to expand the educational horizon that traditional law schools weren't providing for. "They were able to find, and tap into, Indian experience in water law, gaming law, federal Indian law. What has made the program stand out is that they really paid attention to the quality of the subject matter and the quality of the individuals they brought in to explain that subject matter. "I'm grateful to be a very small part of it."

Humetewa served as counsel in the U.S. Department of Justice office of Tribal Justice, and as counsel for McCain before rejoining the U.S. Attorney's Office in 1996 as a Special Assistant U.S. Attorney, then Assistant U.S. Attorney. She prosecuted violent crime cases including child sex crimes, homicides, assaults, bank robberies, and theft of cultural patrimony cases. She also worked in the civil section defending lawsuits brought against the United States under the Federal Tort Claims Act, and represented the United States' interests in Bankruptcy Court.

In 2001, she was promoted to Senior Litigation Counsel/Tribal liaison and was responsible for relationships between the 21 Indian tribal governments and the U.S. Attorney's Office and for oversight of the Victim/Witness Program. She is considered a national expert in Indian Country issues and has instructed law enforcement and prosecutors in federal criminal procedure, jurisdiction, child abuse, federal victims' rights, and laws protecting Native American patrimony, artifacts and grave sites.

She said she never thought about becoming a U.S. Attorney. "In my view, I had accomplished what I set out to do, to become a prosecutor who could advocate for victims of crime and enforcement of laws. I was very content.

"Being a prosecutor is the best job in this office, because you deal with so many issues: archaeology, geography, and the variety of populations we have in Arizona that have different and distinct needs. "You're constantly learning not just about law enforcement in the area, but the application of that law and helping to shape that law, with convictions that are challenged and go up to the Ninth Circuit. It was the best job I ever had because I was constantly growing with each case."

Humetewa has interns in her office who learn the variety of cases a federal prosecutor can take on. "Some have gone on to be law clerks for tribal nations or trial attorneys in a tribe's general counsel office," she said. "In reverse, tribal leaders look to ASU for development and sharing information, like writing tribal codes and legal research."

Humetewa said there has been a sea change for Native law. "The doors have swung open," she said. "Universities have developed Indian law programs because of the recognition that tribes are economic players, and tribes are encouraging their young people to get law degrees because they believe that will help them receive fair representation."

Tuesday, November 18, 2008

Clinton on panel at Appellate Judges Educational Institute

Clinton on panel at Appellate Judges Educational Institute

Robert N. Clinton Professor Robert N. Clinton of the Indian Legal Program will speak on a panel, "One Country, Separate Sovereigns: Emerging Issues in Indian Law," at the Appellate Judges Education Institute this weekend. The conference, which brings together federal and state appellate judges, appellate staff attorneys and appellate lawyers, will be held at the Doubletree Paradise Valley Resort in Scottsdale on Nov. 13-16. Also on the panel with Clinton will be Judge William Canby Jr. of the 9th U.S. Circuit Court of Appeals and a founding faculty member of the College of Law, Judge Joseph Thomas Flies-Away of the Hualapai Tribal Court, and Elizabeth Rosenbaum, an Indian law practitioner. The panel will be moderated by Charles G. Cole of Steptoe & Johnson. Retired U.S. Supreme Court Justice Sandra Day O'Connor will speak at the annual dinner on Nov. 15. Clinton teaches and writes about federal Indian law, tribal law, and Native American history, constitutional law, federal courts, civil procedure and copyrights. He also serves as Chief Justice of the Winnebago Supreme Court, as Associate Justice of the Cheyenne River Sioux Tribal Court of Appeals, as Associate Justice for the Colorado River Indian Tribes Court of Appeals, and the Hualapai Nation Court of Appeals, and as a temporary judge for other tribes.

Thursday, November 13, 2008

Lance Morgan to teach Economic Development In Indian Country

Lance Morgan, CEO of Ho-Chunk, Inc, is scheduled to teach an Economic Development in Indian Country Seminar at the College of Law in January. This one week winter intersession class is open to all law students and graduate students. (If you are not a law student, please check with your College to see how you can register.) I have listed the course information and an article about Lance Morgan below. Please share with anyone you think might be interested.

Economic Development in Indian Country Seminar

SLN #: 90175 Course Prefix: LAW-691 Course Section: 004 Credit Hours: 2Course

Description:This seminar will focus on a wide range of contemporary tribal economic development issues. Historical and relevant federal Indian case law will be used as background material, but the primary purpose of the seminar will be to describe the practical political, legal, economic, structural, and cultural issues faced by tribes when trying to develop their economies. Additional emphasis will be placed on how these tribal initiatives can conflict with federal case law, state jurisdiction, and federal policies towards tribal economic development. The seminar's focus will be on helping identify and implement creative tribal-based solutions. Although the relevant federal Indian case law will be discussed when necessary, having taken a course in Federal Indian law will be helpful.

Class will meet Monday, January 5, - Friday, January 9 from 9 a.m. - 12 p.m. and 1 p.m. - 3 p.m. The Final Exam will be held at 9:00 am on Monday the 12th.

Additional Information:Credit Hours: 2 Graduation Writing Requirement: No Seminar Writing Requirement: No Skills Requirement: No Final Exam Given: YesFinal Exam Type: In-Class Blackboard Course Site: Yes

Building Homes on the Range
Lance Morgan '93 helps the Winnebago Tribe shape its future
by Margie Kelley (printed in Harvard Law Bulletin, Fall 2005)

When Lance Morgan '93 looks out his office window, he sees a collision between the past and the future: A herd of buffalo passes on a hilly expanse nearby, while just beyond it an entire town is beginning to take shape.

"We really are walking in a couple of different worlds--trying to figure out how to be a modern entity and still be Indian," said Morgan, the founder and CEO of Ho-Chunk Inc., an economic development corporation that is reshaping the future of the Winnebago Tribe of northeastern Nebraska.

A decade ago, this 134,000-acre reservation nestled in the hills along the Missouri River was quickly becoming a ghost town. There was no town center--just scattered rows of government housing, a gas station and a grocery store. Winnebago families had been leaving the impoverished reservation for years in search of work, and the community was suffering.

Morgan was raised in Omaha, though he and his family spent summers and holidays on the reservation. Growing up poor, he dreamed of becoming financially independent. He joined the military to pay for college at the University of Nebraska-Lincoln and then attended Harvard Law School.

After HLS, Morgan went to work at a Minneapolis law firm that represented Indian tribes. When his own tribe's casino venture was threatened by new competition, the tribal council approached him for help diversifying its revenue stream. "I basically couldn't let it go," said Morgan, who'd written his third-year law paper on economic development. "I left my job to come do this."
Using revenue from the WinneVegas operation, the tribe's lone casino, Morgan founded Ho-Chunk Inc., a startup that has invested in businesses on the reservation that provide the community with goods and services and, more important, jobs and job training.

Since its launch in 1994, Ho-Chunk (loosely meaning "the people") has gone from $400,000 in annual revenue to a projected $115 million this year. It employs 499 people in 11 companies focused on everything from housing construction and banking to hotels, tobacco sales and the Internet. One of its Web sites, Indianz.com, is, according to Morgan, the most popular Native American destination online.

But perhaps most critical to the tribe's future has been another HCI venture, the nonprofit Ho-Chunk Community Development Corp., which is building a town from scratch on a 28,000-acre stretch of the reservation bought from the federal government.

Ho-Chunk Village will include the reservation's first-ever town center, with commercial and government buildings surrounded by single-family homes and townhouses that Morgan says will be sold to tribal members at affordable prices.

"Right now about 70 percent of housing on the reservation is government-owned," said Morgan. Under this system, he explains, even those who are doing well can't own their homes, and the lack of tax revenue makes it hard for the community to thrive.

HCI's impact on the Winnebago Tribe can't be overstated. Already, it has given more than $30 million back to the community in jobs, scholarships, expansion of the tribal college, and job training programs. It has also had a major role in building a new high school and a hospital.

Ho-Chunk Inc.'s success has been noticed by other tribes. Morgan has already consulted with 74 tribes seeking to replicate his model for economic development. He is also a consultant to the federal Bureau of Indian Affairs and lectures around the country on the state of reservations.
Morgan envisions an end to the archaic reservation system that is rooted in long-outdated assumptions about the inability of tribes to manage their own affairs.

"We've been living under this system for so long we've forgotten the underlying reasons for it," he said. "Every other person in this country can control his own land, but we can't. Now, we're taking control of our destiny, and it makes me proud."

New Federal Regs - Info from Institute of Indian Estate Planning and Probate

Good Morning -

The final federal regulations for 25 CFR Parts 15, 18, 179 and 43 CFR Parts 4, 30 were published this morning. You will find them on our front page - www.indianwills.org

Also on our front page is an Adobe combined text comparison document of the August 6, 2006 published draft and the final regulations dated November 13, 2008.

Best to you. Cecelia

Cecelia E. Burke
Deputy Director
Institute of Indian Estate Planning and Probate
Seattle University School of Law
901 12th Avenue, Sullivan Hall
P.O. Box 222000
Seattle, WA 98122
(206)398-4277 phone
(206)398-4036 fax
(206) 786-1012 Mobile

Save the Date: ILP Alumni and Friends Reception

Title: ILP Alumni & Friends Reception
Date: Thursday Apr-02, 2009
Time: 5:30 PM - 7:00 PM
Location: Buffalo Thunder Resort & Casino, Santa Fe, NM

NEW TIME! NEW LOCATION! Please RSVP to Sunny Larson: Sunny.Larson@asu.edu (480) 965-6413

Event Description:The Sandra Day O'Connor College of Law's Indian Legal Program invites you to a reception, being held in conjunction with the Federal Bar Association's Indian Law Conference on Thursday, April 2, 2009. The reception will be held at the Hilton Santa Fe Golf Resort and Spa at Buffalo Thunder from 5:30 p.m. to 7:00 p.m. in the Chapel Room. For more information, please contact Kate Rosier at 480-965-6204. For more info on the Resort, click on this link: http://www.buffalothunderresort.com/index.html

Monday, November 10, 2008

Clinic helps Navajo grandmoter restore right to vote

Agnes Laughter holdsher new ID card.

As people around the globe reflect on the historic presidential election in America Nov. 4, one elderly Navajo grandmother in northern Arizona celebrated her re-established right to cast her ballot, an act made possible with the help of Patty Ferguson Bohnee, director of the Indian Legal Clinic. Agnes Laughter, 77, who speaks only Navajo, had voted all her adult life using her thumbprint as her identification. But she was turned away from the polls in 2006, when new voter identification laws went into effect in Arizona. "I started voting early," Laughter explained through an interpreter. "When I voted, I always used my thumbprint. That represents me.

"When I was told it was not valid, I went through much sorrow, much heartbreak," Laughter said, her eyes filling with tears. "Many times I was not able to sleep because I was so concerned about people discrediting who I am." Laughter was born in a hogan and has no birth certificate. She doesn't drive and has no driver's license. She doesn't own a car, or have utility bills or any of the other items that most people use to prove their citizenship.

Her case became part of a lawsuit that was settled in May 2008 when the Department of Justice pre-cleared an expanded list of the types of identification that Native Americans can use to satisfy the new identification requirements at the polls. This was especially important for Navajo Nation members who do not have tribal identification cards. Native Americans were recognized as citizens under the Indian Citizenship Act of 1924 but faced significant legal barriers to voting.

The right to vote was secured in 1948 for some Arizona Native Americans, but it was not until literacy requirements were banned in 1970 under the Voting Rights Act that most Arizona Native Americans secured voting rights in federal and state elections. Even since 1970, voter intimidation, redistricting, lack of language assistance, and ID measures have challenged the Native American right to vote.

By coordinating Election Protection efforts and by taking other proactive measures, the Indian Legal Clinic hopes to ensure that Native Americans have an equal opportunity to participate in the electoral process. "Ms. Laughter is a strong, inspiring woman," Ferguson-Bohnee said. "She faced ridicule and embarrassment after she was denied a ballot in 2006, but she was determined to continue the fight on behalf of Navajo people."

After the lawsuit, Laughter was determined to receive a State Identification card, but failed in several visits to tribal and state offices. So just days before the 2008 election, Laughter left her home in the windswept mesas of the Navajo Nation, to travel through the maze of government regulation that would allow her to once again express her electoral opinion. Her work-worn hands rubbed the crook of her cane as she patiently waited … at the Tuba City office of the Arizona Department of Motor Vehicles which did not have a machine to immediately issue the ID, at the Navajo Area Office where she had to obtain an Affidavit of Birth, on the drive to the DMV office in Flagstaff, in the plastic chairs beneath the lighted sign that would eventually display her number … waiting for the elusive identification card that would allow her to vote.

When the moment finally arrived, she stood proudly in front of a purple wall, drawing her 5-foot frame up straight, adorned in her family's turquoise jewelry, and smiled as the industrial camera recorded her image. And when she held the shiny, laminated Arizona identification card, staring at herself staring back, she cried. "All of my heartache has changed as of this day," she said. "I have an identity now. My thumbprint will stand. I feel fulfilled."

Laughter said she feels that she made a difference through her involvement in the lawsuit. "I believe I've made a difference, not only for myself, but for many people," she said. "Not only Native Americans, but for all the five-fingered people, people of different colors. I have stood for their voting rights. I have made that difference. I've made a difference for all."

The Indian Legal Clinic also organized observers to monitor polling places on and near reservations around the state where, in the past, there had been complaints about intimidation or people having trouble voting, and organized a phone line where Native American voters across the State could call in with any questions regarding voting problems on Election Day.

Derek Beetso, a Navajo second-year law student, sat in a folding lawn chair outside the polling place in Sacaton, near the Gila River Indian Community. "We're here to give information in case people are told they're not allowed to vote," Beetso said. "I believe people have a right to vote and that shouldn't be obstructed by misinformation or intimidation."

Laughter, reflecting on the efforts of the clinic, expressed her thanks. "My grandchildren, those of you studying to become attorneys, I am filled with so much happiness," she said. "Today, you've made me feel as if I am standing up high on the mountaintop, to feel that I am somebody, that I am able to vote, that I can have an identification. I thank you from the bottom of my heart. "I want you to know, all of you studying to be attorneys, that it is for the defenseless individuals like myself, the elderly, that you are studying to make a difference in their lives. This is your destiny. A difference has been made in my life."

Genomics, Governance and Indigenous Peoples Workshop

Scholars participating in the Genomics, Governance and Indigenous Peoples workshop at the Sandra Day O’Connor College of Law at Arizona State University included, seated from left, Nadja Kanellopoulou, Jenny Reardon, Pilar N. Ossorio, Rebecca Tsosie, Brian Wynne, Laura Arbour, and, standing from left, Phillip S. “Sam” Deloria, Brett Lee Shelton, Nanibaa Garrison, Terry Powell, Paul Oldham and Kim TallBear.

Scholars use discussion to explore governance of indigenous genomics

A dozen scholars from across the globe met recently at the Sandra Day O’Connor College of Law to discuss the promise and perils of current efforts to transform indigenous people’s governance of genomic research.

“This is a select group capable of drawing on their past experiences to envision the future,” said Rebecca Tsosie, Executive Director of the Indian Legal Program at the College of Law, who is principal investigator of the National Science Foundation grant funding the workshop, “Genomics, Governance, and Indigenous Peoples.”

“Many people are writing about this issue, but you are actually doing things, putting things into practice,” Tsosie told the group as the two-day workshop began on Thursday, Nov. 6.
Tsosie and her two fellow organizers – Kim TallBear, assistant professor of Science, Technology, and Environmental Policy at the University of California, Berkeley, and Jenny Reardon, Assistant Professor of Sociology and Faculty Affiliate in the Center for Biomolecular Science and Engineering at the University of California, Santa Cruz – said they invited participants who were not afraid to seriously engage the issues.

The “no-powerpoint” format of the workshop had participants share written responses to several questions before convening, and then participate in several recorded dialogues that will be used to produce a written document.

TallBear said the format was inspired by work she did on a book, This Stretch of the River, in response to the celebration of the Lewis and Clark Expedition. In that book, several Lakota and Dakota writers taped their discussions of the subject.

“The conversations produced knowledge and experience that was not present in our written work,” TallBear said.

And the work to edit and compile the project meant the learning continued beyond the conversations, she added.

Discussion topics at the genomics workshop included: cultural harm and transforming the legal system; charitable trusts, biobanks and partnership governance of genetic research; and tribal-genetic research agreements, indigenous research, and governance implications.

Participants included experts in human genetics and the social, legal, and ethical aspects of genomics in different national and cultural contexts. They have experience working within existing regimes of governance and see a need for policy innovation and change in relation to genomic research. Some participants are already engaged in experimental efforts to create change. The workshop, first conceived as being focused on the United States and "tribal" governance of genomics, was broadened to include scholar practitioners working in other parts of the world in recognition that strategies for governing genomic research cannot be contained by national borders.

In addition to Tsosie, TallBear and Reardon, participants included:
Laura Arbour, Associate Professor in the Department of Medical Genetics and the Island Medical Program at the University of British Columbia based in Victoria BC;
Philip S. (Sam) Deloria, Director of the American Indian Graduate Center and former director of the American Indian Law Center, Inc., for more than 35 years;
Nanibaa’ Garrison, a Ph.D. Candidate in the Department of Genetics at Stanford University working on the genetics of human pigmentary variation;
Nadja Kanellopoulou, an academic lawyer who specializes in medical law, intellectual property and bioethics based at the Arts & Humanities Research Council Research Centre for Intellectual Property and Technology Law at the University of Edingurgh in Scotland;
Paul Oldham, a social anthropologist and researcher at CESAGen a research center based at Lancaster University in England;
Pilar N. Ossario, Associate Professor of Law and Bioethics at the University of Wisconsin at Madison who also serves on the Director’s Advisory Council for the National Human Genome Research Institute and as an advisor for the 1000 Genomes Project, the Human Microbiome Project, and for NHGRI-related tissue banking activities at Coriell;
Terry Powell, a member of the Alaska Area Institutional Review Board, whose interests include research ethics, health care research, and bioethics;
Brett Lee Shelton, a partner in the law firm Shelton and Ragona, LLC, of Louisville, Colo., and who sits on the Oglala Sioux Tribal Research Review Board in Pine Ridge, S.D.;
Brian Wynne, Associate Director of the Centre for Economic and Social Aspects of Genomics, Professor of Science Studies and Research Director of the Centre for the Study of Environmental Change at Lancaster University in England.

Friday, November 07, 2008

Alumni News - Katosha Nakai ('03)

Nakai of Lewis and Roca Appointed by Napolitano to Oil and Gas Commission

November 6, 2008

Lewis and Roca is pleased to announce that Governor Janet Napolitano has appointed Katosha Nakai to the Arizona Oil & Gas Conservation Commission. Nakai is an attorney in the firm’s Phoenix office and her term with the Commission will run until 2010.

Nakai’s practice focuses on government regulation, infrastructure and resource development. She regularly represents corporate, small business, tribal and non-profit interests, focusing primarily on matters relating to water, environmental, natural resources, mining, utility and gaming issues. With a breadth of experience in various specialty practices of the firm, Nakai counsels clients, assists with licensure and permitting issues, conducts and advises on environmental due diligence and related liability issues, leads and participates in negotiations, and researches, analyzes and drafts statutes, amendments rules and/or regulations.

The Arizona Oil & Gas Conservation Commission works to regulate the drilling for and production of oil, gas, helium, carbon dioxide, and geothermal resources. The Commission’s responsibilities include reviewing applications for permits to drill, inspecting wells for compliance during drilling and after completion, monitoring oil, gas, geothermal, and helium drilling activities, compiling oil, gas, geothermal, and helium production statistics and providing information to the exploration and development communities and the public. The Commission consists of five members appointed by the Governor and one ex-officio member, the State Land Commissioner.

Thursday, November 06, 2008

Job: Crow Tribe Legislative Branch General Counsel


General Counsel position

The Legislative Branch of the Crow Tribe of Indians is currently accepting applications for a full-time in-house General Counsel position.

Description: The successful applicant will be responsible for performing legal services for the Crow Tribal Legislature, including working with legislative members, committees and sub-committees to draft and review tribal laws, resolutions, and amendments; representing the Legislature in court proceedings; attending legislative sessions and other meetings involving tribal legislative matters; providing legal advice and assistance to the Legislature; and managing and supervising the Legislature's Office of Legal Counsel.

A Juris Doctorate (JD) degree from an accredited law school;
Admitted to practice in the State of Montana and a member in good standing of the Montana Bar or willing to sit for next available administration of the Montana Bar Exam
Admitted to practice in the Crow Tribal Court or willing to sit for the next available administration of the Crow Tribal Bar Exam;
Understanding of and inherent respect for Crow Tribal history and culture;
Demonstrated knowledge of Federal Indian Law;
Commitment to tribal sovereignty and self determination;
Experience working with Indian communities preferred.

Salary: DOE

Preference in filling the position is given to qualified Crow Tribal members, and to qualified members of federally recognized Indian tribes.

Interested individuals should submit a letter of interest, resume, three (3) references, and a writing sample to: Beverly Shane, Secretary of the House, Crow Tribe Legislative Branch, P.O. Box 309, Crow Agency, MT 59022. For more information, visit www.crowlegislature.org/employment.

Position is open until filled.

Friday, October 31, 2008

NARF Case Updates

***New content was posted in the Supreme Court Indian Law Bulletins on 10/30/08:***

* U.S. Supreme Court Bulletin - find it at:http://www.narf.org/nill/bulletins/sct/2008-2009update.htm

On 10/30/08, petitions for writ of certiorari were filed in two cases: Bodkin v. Cook Inlet Region, Inc., which deals with age discrimination and shareholder distributions and Michigan Gambling Opposition v. Kempthorne which deals with whether an environmental impact statement was necessary in assessing impact of proposed Indian casino site on traffic.

* News Bulletin - find it at:http://www.narf.org/nill/bulletins/news/currentnews.htm

David SeldenNational Indian Law Library1522 BroadwayBoulder, CO 80302 dselden@narf.org

Tuesday, October 28, 2008

JOB: UNM School of Law

Notice of Faculty Positions
University of New Mexico
School of Law

The University of New Mexico School of Law invites applications and nominations for one or more faculty positions in its Clinical Law Program and its Indian Law Program, or both starting in the Fall of 2009. For any position, the Law School anticipates filling a tenured position, probationary appointment leading to a tenure decision, or a visiting position. Both entry level and experienced teachers are encouraged to apply.

All candidates for these positions must possess a J.D. or equivalent legal degree. Admission by examination to a bar of a state or the District of Columbia and experience in the practice of law are required for any clinical position.

For complete information including position qualifications and application procedures, you may access http://www.umn.edu/~oeoumn/facultyjobs/faculty_jobs_law.htm or request a copy of the position announcement from Professor Alfred D. Mathewson, mathewson@law.umn.edu. Please indicate Faculty Recruitment in the email subject line.

Monday, October 27, 2008

JOB: Quinault Indian Nation

Contact: Cheri Potter, Human Resource Assisatant
Employer: Quinault Indian Nation
Address1: 1214 Aalis St.
Address2: PO Box 189
CityStateZip: Taholah, WA 98587
Email: cpotter@quinault.org
Website: www.quinaultindiannation.org
Phone: (360) 276-8215 ext 577
Fax: (360) 276-4191

JobTitle: Tribal Attorney-Child Support & Protection
Salary: $48,000-$60,000 DOE + Benefits
Hours: Monday-Friday 8:00am-5:00pm

Description: The Quinault Nation is recruiting for a tribal attorney position focused on child support and child welfare protection. 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. First screening of applications scheduled for November 15. To apply, please call (360) 276-8215 ext. 577 or see quinaultindiannation.com.

Experience: Bar Passage
Submit: Resume,Cover Letter,Transcript,Writing Sample,References
SubmitOther: TO APPLY
Position open until filled. Complete employment applications will be accepted until position is filled with first screening November 14, 2008, postmarked by that date.

Complete packets require:
1. Tribal Employment Application
2. Cover letter explaining your qualifications and experience relevant to the functions of this position.
3. Personal Resume indentifying your qualifications and experience relevant to the functions of this position.
4. Supplemental Form for Sensitive Tribal Positions.
5. Writing Sample.
6. Official Copy of law school transcript.
Obtain an application from the Quinault Indian Nation Human Resources Department, 1214 Aalis Drive, Taholah, WA 98587. Ph. (360) 276-8211 ext. 577. Completed application packets and any questions should be submitted to cpotter@quinault.org. Applicants are encouraged to apply early, and to explore the Nation?s website at: www.quinaultindiannation.com.

SendBy: Mail,Fax
Deadline: November 14, 2008

Thursday, October 23, 2008

NALSA Golf Tournament

Arizona State University’s
Native American Law Student Association’s
3rd Annual Golf Tournament
Saturday, November 1 at 7:30 a.m.
Foothills Golf Course in Phoenix
(Same location as last year)
The ASU NALSA students would greatly appreciate your participation in or support of this event. Please share this information with anyone you know who might be interested in participating. Thank you in advance for your support.

For more information about the event please contact ASU NALSA President:
Jason M. Croxton
Sandra Day O'Connor College of Law
Candidate for J.D. 2010

Wednesday, October 22, 2008

IGRA Quilt is a Hit!

A special thank you to Marlene Jones! ASU College of Law and Indian Legal Program alumnus Marlene Jones (JD/MBA '97) donated a beautiful quilt to the ILP to help raise scholarship funds for students and commemorate the 20 Years of the Indian Gaming Regulatory Act. The quilt raised $920. Thanks again Marlene.

Carcieri v. Kempthorne

Carcieri v. Kempthorne

Issue: Whether the Narrangansett Tribe may receive benefits under the Indian Reorganization Act of 1934 if the Tribe was not federally recognized on the date of enactment, and whether the Rhode Island Indian Claims Settlement Act foreclosed the Tribe’s right to exercise sovereignty over land in the state.

With Argument Day Approaching, Supreme Court Stalemate Continues
Legal Times
Tony Mauro10-22-2008

Less than two weeks before the case Carcieri v. Kempthorne comes before the Supreme Court, lawyers Theodore Olson and Joseph Larisa Jr. are still at an impasse over which one of them will argue the case for the plaintiffs.

Larisa has the backing of the town council of Charlestown, R.I. to argue in the case as he has in courts below, but Rhode Island Gov. Donald Carcieri and Attorney General Patrick Lynch want Olson, the former solicitor general and now partner at Gibson, Dunn & Crutcher, to appear before the justices Nov. 3. The case is a dispute over an Indian land claim in Charlestown.

On Oct. 15, Olson filed a standard argument form with the Supreme Court clerk's office stating he would be the one to argue. But the next day Larisa filed an argument form with his own name on it. Since the Court has already denied motions for divided argument, the clerk was faced with the dilemma of two lawyers claiming they will argue at the same time for the same party, when only one lawyer can do so.

On Monday Denise McNerney, the merits cases clerk for the Court, sent the two an identical letter telling them sternly that "The decision as to which attorney will argue on behalf of the petitioners in this case is now to be made amongst the parties." She gave Olson and Larisa until noon on Oct. 30 to tell her who will be arguing.

Larisa, who wants the choice made by a coin toss, said Tuesday afternoon that the governor has once again refused to decide it that way. "They have not suggested any other option other than 'Ted wins,'" said Larisa this afternoon. "Less than 13 days to go until oral argument and we cannot agree on a simple coin toss. It is the town's position that the AG and governor are now affirmatively hurting preparation for oral argument." Olson could not be reached for comment.

Thursday, October 09, 2008

Conference at ITCA

Inter Tribal Council of Arizona, Inc.
"Future Directions of Tribal Health Research in Arizona"
Radisson Fort McDowell Resort & Casino
October 30-31, 2008

  • What is Community Based Participatory Research?
  • How does "Academic Freedom" apply to Indian Country?
  • What is the history of tribal health resarch in Arizona?
  • Where do we go from here?

Professor Tsosie will be a presenter during this event.

Tuesday, October 07, 2008

Quilt Auction to benefit ILP Scholarships

ASU College of Law and Indian Legal Program alumnus Marlene Jones (JD/MBA '97) donated a beautiful quilt to the ILP to help raise scholarship funds for students and commemorate the 20 Years of the Indian Gaming Regulatory Act. The quilt contains ASU colors and a southwest print to connect with the region and includes a flag print to represent the federal law theme. (See attached photos)
The starting bid is $150 and will be increased in $5.00 increments. You can view the quilt outside of Room 236 now until October 14th. After that date the quilt will be shown at the IGRA conference at Fort McDowell. The bidding will close at 4:00 p.m. on Friday, October 17th. The winner will be announced before the closing remarks of the conference.

If you are not attending the conference but would like to support this fundraiser, you can email Kate Rosier at Kathlene.Rosier@asu.edu with your bid. Please place “QUILT” in the subject line so we do not miss it. Kate will let you know if your bid is the highest. ILP staff will check for emails during the event and update the auction sheet at the event with the email bids. Please share with anyone you think would be interested. Thank you.

Let the bidding begin!

NARF: Tribal Supreme Court Project Update

This information was provided by the Native American Rights Fund. Visit their website for more information. http://www.narf.org/

New Supreme Court Term May Prove to be Another Difficult Period for Indian Country

WASHINGTON D.C.-The U.S. Supreme Court held its opening conference on September 29, 2008 and, as expected, granted review in two Indian law cases—United States v. Navajo Nation and State of Hawaii v. Office of Hawaiian Affairs—both of which involve lower court decisions favorable to Indian country. First, in United States v. Navajo Nation, the Court will review a decision by the U.S. Court of Appeals for the Federal Circuit upholding the United States’ trust responsibility to the Navajo Nation. This case is part of the on-going litigation between the Navajo Nation and the United States involving disputes surrounding the negotiation of royalty rate adjustments for coal leases entered into between the Navajo Nation and the Peabody Coal Company.

Second, in State of Hawaii v. Office of Hawaiian Affairs, the Court will review a decision by the Supreme Court of Hawaii which held that the State of Hawaii should be enjoined from selling or transferring “ceded lands” held in trust until the claims of the native Hawaiians to the ceded lands have been resolved. The Supreme Court of Hawaii based its decision, in principal part, on the Apology Resolution adopted by Congress in 1993 which gives “rise to the State’s fiduciary duty to preserve the corpus of the public lands trust, specifically, the ceded lands, until such time as the unrelinquished claims of the native Hawaiians has been resolved.” In 2000, while in private practice, Chief Justice Roberts represented the State of Hawaii in Rice v. Cayetano, a case involving the status of native Hawaiians in which the Court held against Native interests. No doubt, the questions presented in this case are of keen interest to the Chief Justice.

At present, the Tribal Supreme Court Project remains extremely busy as it prepares for oral argument on November 3, 2008 in Carcieri v. Kempthorne (challenge to authority of the Secretary to take land in trust under section 5 of the Indian Reorganization Act). The Project also is continuing its efforts to coordinate resources and develop strategy in support of a petition for cert involving the free exercise of Native religions under the protection of the Religious Freedom Restoration Act in Navajo Nation v. United States Forest Services (permit for ski resort to use recycled sewage waste-water to manufacture snow on the San Francisco Peaks – a sacred-site for many American Indian Tribes). As always, we are carefully monitoring cases of interest as they move through the lower courts.

Copies of briefs and other materials for each of the cases listed in the Tribal Supreme Court Project Update are available on the NARF website at http://www.narf.org/sct/index.html.

The Tribal Supreme Court Project is part of the Tribal Sovereignty Protection Initiative and is staffed by the National Congress of American Indians (NCAI) and the Native American Rights Fund (NARF). The Project was formed in 2001 in response to a series of U.S. Supreme Court cases that negatively affected tribal sovereignty. The purpose of the Project is to promote greater coordination and to improve strategy on litigation that may affect the rights of all Indian tribes.

We encourage Indian tribes and their attorneys to contact the Project in our effort to coordinate resources, develop strategy and prepare briefs, especially at the time of the petition for a writ of certiorari, prior to the Supreme Court accepting a case for review.

Monday, October 06, 2008

SAVE THE DATE - NABA-AZ Golf Tournament

Save the Date!
March 22, 2009
Whirlwind Golf Course
Gila River Indian Community
More info coming soon.

Thursday, October 02, 2008

NABA - AZ Scholarship Winners

(Photo Left to Right Sonia Nayeri, Corey Hinton, Pat Kincaid, Melissa Dempsey, Robin Commanda, and Mike Carter.)

(Photo: NABA-AZ President Kerry Patterson and Mike Carter)

Congratulations to the NABA-AZ
Book scholarship winners!

Michael Carter (3L)

Robin Commanda (1L)

Jordan Hale (3L)

Two Weeks until the IGRA Conference: Register Now

Indian Country’s Winning Hand: 20 Years of IGRA
October 16-17, 2008
Radisson Fort McDowell Resort & Casino
Scottsdale/Fountain Hills, Arizona

Visit the conference website to learn more about the conference and registration for the event!www.law.asu.edu/ILP

Stay the weekend so you can attend NCAI!
65th Annual Convention and Tradeshow
Sunday, October 19, 2008 1:00 PM - Friday, October 24, 2008 1:00 PM
Phoenix Convention Center

Wednesday, October 01, 2008

2 New US Supreme Court Cases

Today, the Supreme Court granted cert in two Indian law cases:

Hawaii v. Office of Hawaiian Affairs, No. 07-1372

Petition for Cert: http://www.scotusblog.com/wp/wp-content/uploads/2008/09/07-1372_pet.pdf
Hawaii Supreme Court Decision: Office of Hawaiian Affairs v. Housing and Community Development Corp. of Hawaii, No. 25570 (Hawaii 2008) http://www.state.hi.us/jud/opinions/sct/2008/25570.pdf

Question Presented in Petition for Cert:

“In the Joint Resolution to Acknowledge the 100th Anniversary of the January 17, 1893 Overthrow of the Kingdom of Hawaii, Congress acknowledged and apologized for the United States’ role in that overthrow. The question here is whether this symbolic resolution strips Hawaii of its sovereign authority to sell, exchange, or transfer 1.2 million acres of state land—29 percent of the total land area of the State and almost all the land owned by the State--unless and until it reaches a political settlement with native Hawaiians about the status of that land.”

U.S. v. Navajo Nation, No. 07-1410

Petition for Cert: http://www.narf.org/sct/usvnavajonation/petition_for_cert.pdf
Appellate Court Decision: Navajo Nation v. US, No. 06-5059 (Fed. Ct. 2007), http://www.cafc.uscourts.gov/opinions/06-5059.pdf
Prior Supreme Court Decision: US v. Navajo Nation, 537 U.S. 488 (2003)

Questions Presented in Petition for Cert:

“The Indian Mineral Leasing Act of 1938 (IMLA), 25 U.S.C. 396a et- seq., and its implementing regulations authorize Indian Tribes, with the approval of the Secretary of the Interior, to lease tribal lands for mining purposes. In a previous decision in this case, United States v. Navajo Nation, 537 U.S. 488 (2003) (Navajo), this Court held that the Secretary's actions in connection with Indian mineral lease amendments containing increased royalty rates negotiated by the Navajo Nation did not breach a fiduciary duty found in IMLA or other relevant statutes or regulations. The court of appeals held on remand that the Secretary's conduct breached duties linked to sources of law that had been briefed to this Court but not expressly discussed in Navajo. The questions presented are:
1. Whether the court of appeals' holding that the United States breached fiduciary duties in connection with the Navajo coal lease amendments is foreclosed by Navajo.
2. If Navajo did not foreclose the question, whether the court of appeals properly held that the United States is liable as a mater of law to the Navajo Nation for up to $600 million for the Secretary's actions in connection with his approval of amendments to an Indian mineral
lease based on several statutes that do not address royalty rates in tribal leases and common-law principles not embodied in a governing statute or regulation.”

ALUMNI: Hodahkwen ('02) Named Deputy General Counsel

Will Continue to Advise the Governor on Tribal Affairs

PHOENIX – Governor Janet Napolitano has announced that Marnie Hodahkwen, who has served as the Governor’s policy advisor for tribal affairs since August of 2004, has taken over as deputy general counsel to the Governor. Along with her new responsibilities, Hodahkwen will continue to be the Governor’s tribal affairs advisor.

“Marnie is a tremendously talented public servant, and Arizona has benefited from her excellent work in the past four years,” Governor Napolitano said. “I look forward to seeing all that she can do in her new position as deputy general counsel.”

As the Governor’s policy advisor for tribal affairs, Hodahkwen serves as the Governor’s liaison with 22 tribal governments and works in a wide variety of policy areas. Before joining the Governor’s office, she practiced law in the areas of commercial litigation and Indian law in Phoenix at the law firm Quarles & Brady, Streich Lang. She holds both her bachelor’s and law degrees from Arizona State University. A member of the Prairie Band Potawatomi Nation, Hodahkwen is one of the founding members of the Native American Bar Association of Arizona and serves on the Board of Directors of the Hopi Education Endowment Fund, as well as the Advisory Council of the Indian Legal Program at ASU’s Sandra Day O’Connor College of Law. Hodahkwen becomes deputy general counsel as Nicole Davis leaves the position for the state Attorney General’s office, in order to become the Section Chief of the Civil and Criminal Litigation and Advice Section of the Child and Family Protection Division. Davis has served in the Governor’s Office since the beginning of Governor Napolitano’s term in 2003.

Tuesday, September 30, 2008

The Arizona Project


“The Arizona Project” has been developed through Future Arts Research, a groundbreaking artist research program at Arizona State University

Debut Performances at the Herberger Theater in Phoenix, November 5, 7 and 8 2008

Premium Seating & VIP Post Show Reception - $100
General admission - $25
Student admission - $7

PHOENIX, September 12, 2008 – Award-winning playwright and performer Anna Deavere Smith will debut a new work this November exploring women’s relationships to justice and the law. The Arizona Project is a one-woman play commissioned by Bruce Ferguson, Director of Future Arts Research (F.A.R.), a groundbreaking new artist-driven research program at Arizona State University in Phoenix. Smith is among the artists inaugurating the F.A.R. program, which launched in 2008. The Arizona Project was inspired by an ongoing series of initiatives of the advocacy group Arizona Lawyers Honoring Justice O'Connor.

As in her well known previous works, Smith presents several interwoven monologues in this one-woman performance, drawing verbatim from a series of interviews she conducted over the course of three weeks in 2008. Her work honors the 2006 naming of Arizona State University’s law school for retired Supreme Court Justice Sandra Day O’Connor—the first U.S. law school to be named for a woman.

“Anna Deavere Smith’s incisive, passionate work overlaps multiple genres, including documentary film, journalism, and biography, thus making The Arizona Project an exciting contribution to the inaugural year of F.A.R.,” said Program Director Bruce Ferguson. “Anna's interdisciplinary approach parallels that of F.A.R., which re-envisions the traditional artist residency as an opportunity for participants to work with multiple departments throughout the university.”

The Arizona Project presents the stories of Justice O’Connor, as well as those of more than 30 women with relationships to the American judicial system, including prison system employees, incarcerated women, female lawyers, activists and others. Without identifying a specific social agenda, The Arizona Project touches upon several contemporary issues through these diverse personal stories, including immigration, domestic violence, and the challenges faced by women living on Native American reservations.

The naming of the Sandra Day O’Connor College of Law at ASU honors Justice O'Connor's career-long dedication to public service, her intellectual vigor and her sense of fair-mindedness. During the course of her career O’Connor served in all three branches of the Arizona State government, including two terms in the Senate, one as Majority Leader. In 1981 she became the first woman ever to serve on the United States Supreme Court. Her appointment by President Ronald Regan marked a profound shift in the types of professional opportunities available to women on the national stage. During her tenure, O’Connor helped define the balance of power on many of the issues of broadest concern to the nation, including abortion, affirmative action, the death penalty and religion. She retired from the Supreme Court after 24 years of service in 2005.

About Anna Deavere Smith
Writer, performer and teacher Anna Deavere Smith has been a noted figure in American theater for almost two decades. Throughout the course of her career, she has earned acclaim for her investigations of American identities, as well as for her singular performance style. Through the use of social commentary and stimulation of public dialogue, Smith’s work extends beyond the traditional boundaries of the performing arts.

A recipient of the 1996 MacArthur Fellowship, Smith’s best known works include Fires in the Mirror, examining the racial tension between blacks and Jews which culminated in the 1991 riots in Crown Heights, Brooklyn. She received a Drama Desk Award and a Pulitzer Prize nomination for this work. In Twilight: Los Angeles 1992, Smith examined the civil unrest which resulted from the Rodney King verdict in Los Angeles. She also received a Drama Desk award for this work, as well as two Tony Award nominations. Her most recent work, Let Me Down Easy, explores the fragility and resilience of the human body.

Smith has appeared in several films, including Philadelphia and The American President, and has recurring roles on The West Wing and The Practice. She can be seen Spring 2009 in the film Rachael Getting Married with Anne Hathaway. She is also the author of two books, Talk to Me: Travels in Media and Politics (2001), and Letters to a Young Artist: Straight-up Advice on Making a Life in the Arts-For Actors, Performers, Writers, and Artists of Every Kind (2006). She is a tenured professor at the Tisch School of Arts at New York University and teaches courses on the art of listening at the NYU School of Law. She has also taught at Stanford University and the Yale School of Medicine.

About F.A.R.
A groundbreaking artist-driven research program based in downtown Phoenix, F.A.R. (Future Arts Research) will host 20–24 leading national and international artists, critics and scholars each year. Working with an applied-research methodology, participants will collaborate with various departments within the university and work closely with the surrounding community to explore new concepts, test new ideas, and present the results of their research. F.A.R. is an initiative of the university president’s office, independent of the ASU’s Herberger College of the Arts. In its first phase, F.A.R. participants will focus on three areas important to Phoenix: new technologies in the arts; desert aesthetics; and issues of justice and human rights.

“The Arizona Project” will be presented in three performances on November 5, 7 and 8 at the Herberger Theater in Phoenix. Ticket sales begin Sept 29, 2008.

Monday, September 29, 2008

JOB: ASU General Counsel's Office

Job Description
Job Title: Associate General Counsel
Job ID: 21071
Location: Tempe campus
Full/Part time: Full-Time
Regular/Temporary: Regular

College/Division - VP University Administration and Legal Affairs

Scope of Search - Open to Public

Grant Funded Position - This is not a grant funded position and is not contingent on future grant funding.

Posted Rate of Pay - DOE

Duties and Responsibilities

The Associate General Counsel is responsible for providing a high level of professional legal service by representing and advising the Arizona Board of Regents and the University on a broad range of education law, research enterprise, technology transfer and other legal matters. This position will concentrate primarily on supporting ASU's research compliance and other research related activities including providing support to the Office of the Vice President for Research and Economic Affairs. Responsibilities include structuring complex transactions and relationships, negotiating, drafting, reviewing and approving research-related contracts, advising on cost transfers, human and animal subject research, scientific integrity, clinical trials, export control, research misconduct, technology transfer and other regulatory matters. In addition, the attorney will provide opinions on research grants and sponsored programs administration, HIPAA, and other local, state, federal and ABOR regulations or policies impacting research at Arizona State. This position will assist in developing rules governing employee participation in companies using university research facilities for commercial purposes and will review agreements for risk assessment, conflict management, equity ownership and other issues arising from potential conflicts of interest. This position will also assist with the development of educational training programs for administrators, faculty, and staff relating to research compliance issues. This position interacts regularly with senior level administration and with state, local, and federal regulatory offices. DAYS AND SCHEDULE: Monday-Friday 8:00AM-5:00PM

Minimum Qualifications

J.D. or L.L.B. degree from an ABA accredited law school and six (6) years of experience in the practice of law, including experience in the primary practice area(s) designated by the Vice President and General Counsel. Must be a member in good standing with the State Bar of Arizona within twelve (12) months of hire.

Desired Qualifications

Experience in a diverse and complex environment working with the following: research and regulatory issues; technology licensing; export controls; intellectual property law; licensing; structuring; negotiating; drafting complex transactions and agreements relevant to a complex public research university; strong legal research abilities; effective verbal and written communication skills; advocacy and problem solving skills.

Department Statement/Gen Info

The principal office is located in the ASU Fulton Center, at 300 E. University Drive, Suite 335, Tempe, Arizona. OGC maintains satellite offices at the Polytechnic, West, and Downtown Phoenix campuses. For information on admission to the state of Arizona bar, including the new registration process that is available for in-house counsel, please visit http://www.myazbar.org/ and the website for the Arizona Supreme Court http://www.supreme.state.az.us/rules/Recent_rules.htm ASU offers competitive benefits to its eligible employees including vacation time, paid holidays, sick leave, self & dependents reduced tuition, retirement, group life insurance, long-term disability coverage, medical insurance programs, flexible benefits plan and dental insurance plans. To find out more about our benefits please go to http://www.asu.edu/hr/benefits/index.html. With more than 60,000 undergraduate and graduate students across four campuses, Arizona State University is a comprehensive public research university located in one of the fastest growing metropolitan areas in the United States. ASU's historic Tempe campus is home to research-based academic disciplines. At the West campus, ASU offers students interdisciplinary programs for broad learning experiences. At the Polytechnic campus, students approach professional and technological programs through project based learning. The Downtown Phoenix campus, the university's newest location, is focused on programs with public purpose. Regardless of location ASU's mission is the same; outstanding education. Attorneys within the Office of General Counsel provide services at all campuses and at multiple locations at the Tempe campus. For more information about the Office of General Counsel visit our web site at www.asu.edu/counsel.

Background Check Statement - ASU conducts pre-employment screening for all positions which includes a criminal background check, verification of work history, academic credentials, licenses, and certifications.

Standard Statement

Arizona State University is a new model for American higher education, an unprecedented combination of academic excellence, entrepreneurial energy and broad access. This New American University is a single, unified institution comprising four differentiated campuses positively impacting the economic, social, cultural and environmental health of the communities it serves. Its research is inspired by real world application blurring the boundaries that traditionally separate academic disciplines. ASU serves more than 64,000 students in metropolitan Phoenix, Arizona, the nation's fifth largest city. ASU champions intellectual and cultural diversity, and welcomes students from all fifty states and more than one hundred nations across the globe. Arizona State University is an Equal Opportunity/Affirmative Action employer.

Close Date - October 15, 2008

Instructions to Apply

Application deadline is 11:59pm Arizona time on the day indicated. To apply, visit www.asu.edu/asujobs. Complete the required information and attach a single document, which includes: a cover letter, resume, and the names, addresses and phone numbers of three professional references. Resume should include all employment in month/year format (e.g., 6/88 to 8/94), job title, job duties and name of employer for each position. REQUESTED MATERIAL MUST BE IN ONE ATTACHMENT. Only electronic applications are accepted for this position. If you need assistance applying for this job, please contact our customer service center at 480-965-2701. ASU does not pay candidates for travel expenses associated with interviewing, unless otherwise indicated by the department at the time of call for interview.

Friday, September 26, 2008

NABA-AZ Student Mixer

The second NABA-AZ/Student Mixer was a huge success! We had a great turnout and were able to award four book scholarships. A special thank you goes out to Vanessa Martinez, Board Member Sonia Nayeri's sister, for making a generous donation of $1,000 to our organization. This donation was used in NABA-AZ's first book scholarship program.

The following students were awarded $250 scholarships:

Jordan Hale, Sandra Day O'Connor College of Law, 3L
Michael Carter, Sandra Day O'Connor College of Law, 3L
Robin Commanda, Sandra Day O'Connor College of Law, 1L
Chris Monatukwa, Phoenix School of Law, 1L

Thanks to everyone for coming out to the mixer last night. We had an even bigger turnout than last year and we hope to have this event every year!

Kerry Patterson, Esq.Fennemore Craig, P.C.3003 North Central Avenue, Suite 2600Phoenix, Arizona 85012Phone: 602-916-5491Facsimile: 602-916-5691Email: kpatters@fclaw.com

Wednesday, September 24, 2008

JOBS: Navajo Staff attorney and Winnebago Judge

JOB POSTED 9/24/08
The Office of Navajo Human Rights Commission is seeking qualified applicants for the following positions for immediate hire:
Policy AnalystPublic Information OfficerStaff AttorneyIf you are interested in any of the positions, please do not hesitate to contact the Navajo Department of Personnel Management at 928 871 6330 to get more information on the job announcement. You must submit your application and resume by September 16, 2008, 5pm or open until filled.

JOB POSTED 9/24/08
Associate Judge WantedThe Winnebago Tribe of Nebraska is searching for an Associate Tribal Judge for the Winnebago Tribal Court. For complete job announcement go to: www.winnebagotribe.comFor more info call Personnel 402 878 3128To Apply: Applicants must submit the following to:Winnebago Tribe of NEAttention: Personnel OfficePO Box 687, Winnebago NE 68071
A letter of application for the specific position, a resume & 3 letters of written reference. Closes 10-02-98

JOBS: Navajo Nation District Court Judge

JOB POSTED 9/24/08

Judicial Branch of the Navajo NationVacancy AnnouncementDISTRICT COURTJUDGE

Go to the www.navajocourts.org website. Click on VACANCIES and scroll down to judge vacancy information. A completed application must be received at the Administrative Office of the Courts, Post Office Box 520, Window Rock, Arizona 86515 by 5pm, September 26, 2008 or Open Until Filled. For additional information, contact Edward B. Martin, Director of Judicial Administration, at telephone 928-871-6762, Fax 928-871-6761, or email edmartin@navajo.org

Navajo Preference and Navajo Verterans Preference Laws Applicable

Tuesday, September 23, 2008

JOB: Ziontz Chestnut Varnell Berley & Slonim

Contact: Hiring Attorney

Ziontz Chestnut Varnell Berley & Slonim
2101 4th Avenue
Suite 1230
Seattle, WA 98121

Email: applicant@zcvbs.com
Website: www.zcvbs.com
Phone: 206 448 1230
Fax: 206 448 0962
AcceptingCalls: No

JobTitle: Entry-Level Associate
Salary: Depends on Qualifications
Hours: Full-time

Description: Well-established small Seattle law firm seeks entry-level associate with a strong academic background and excellent research and writing skills to help its practice that primarily involves Indian law and includes substantial work for Tribes and other clients in areas such as environmental, natural resources and business law. Work on litigation, transactional and other matters with dedicated attorneys who enjoy their work. Salary depends on qualifications. Please send your resume, law school transcript and writing sample by October 24, 2008 to Hiring Attorney at Ziontz, Chestnut, Varnell, Berley & Slonim at applicant@zcvbs.com or 2101 4th Avenue, #1230, Seattle, WA, 98121. www.zcvbs.com

Experience: 3L,Graduate,Current Bar Members,Taking Next Bar
Submit: Resume,Cover Letter,Transcript,Writing Sample
SendBy: Mail,Fax,Email
Deadline: 10/24/08

Chronicle of Higher Education article featuring ILP

American Indian Law: a Surge of Interest on Campuses

Tempe, Az.

Growing up on a Navajo reservation near Gallup, N.M., Jordan Hale never dreamed he would one day be standing in front of a courtroom recommending whether a defendant should be released on bond, or working with a prosecutor to draft a criminal complaint.

Becoming a lawyer was the farthest thing from the mind of the high-school runner whose home, at the end of a dirt road, had no running water or telephone.

Now he is one of 37 students, representing 29 Indian tribes, who are specializing in Indian law at Arizona State University's Sandra Day O'Connor College of Law. All but one of the students are American Indian, and they bring with them diverse traditions of such tribes as the Chippewa, Choctaw, Crow, Jicarilla Apache, and Mohawk.

At law schools nationwide, interest in Indian law is growing as the economic clout and political influence of the nation's 562 federally recognized tribes have expanded.

Arizona State's Indian Legal Program allows students who are pursuing their J.D.'s to simultaneously earn certificates in Indian law. They study the differences between the legal systems of tribes and that of the U.S. government, and many go on to represent the interests of tribes, Indian clients, or the federal government.

Tribes have sovereignty rights that are spelled out in treaties with the United States, so their laws don't always align with the government's. That is why, for instance, Indian tribes can open casinos that would not be permitted on nontribal land.

"More and more law schools are recognizing the importance of including Indian law in the curriculum because their graduates are encountering questions that require some knowledge of Indian law and sovereignty," says Wenona T. Singel, an assistant professor of law at Michigan State University. Like many Indian law professors, Ms. Singel brings practical experience to the classroom. In addition to helping lead her law school's Indian-law program, she serves as chief justice of her tribe, the Little Traverse Bay Bands of Odawa Indians.

She says about 20 law schools nationwide report having Indian-law programs, while other experts say the number of full-fledged programs is about 12. Among the other law schools active in Indian law are those at Harvard University, Lewis and Clark College, and the Universities of Colorado, New Mexico, Washington, and Wisconsin.

Learning the basics of tribal law is more than an academic exercise for many law students.
A few states, including New Mexico, South Dakota, and Washington, have Indian-law topics on their bar exam that students must pass to practice law. Others, including Arizona, Idaho, Minnesota, Montana, and Oklahoma, are considering adding such a requirement. Students get hands-on training in legal clinics and clerkships like the one Mr. Hale pursued over the summer at the Gila River Indian Community, 17 miles south of Phoenix.

Nationally, Indian tribes take in billions of dollars in casino revenues, which have allowed some to build state-of-the art courthouses like Gila River's.

Mr. Hale, who is entering his third year of law school at Arizona State, worked in Gila River's criminal-law division under the supervision of April E. Olson, a 2006 graduate of the university's Indian legal program. Ms. Olson, who is of Mexican Yaqui ancestry, is a prosecutor at Gila River.
The tribe's modern, high-tech courthouse stands out amid a flat landscape of desert scrub. A few blocks away, the prosecution office where Mr. Hale and Ms. Olson prepare their cases is a shotgun mobile unit located behind fences topped with coils of barbed wire.

The casinos that have helped pay for courthouse upgrades have also spurred economic development, with shopping malls, restaurants, and service industries springing up on or near many reservations. As a result, "More big law firms are looking for people who are knowledgeable about Indian law," said Kathlene M. Rosier, director of Arizona State's program.
Such expertise is particularly valued in a state where more than a quarter of the land is owned by one of 22 Indian tribes.

Many of the legal questions that arise involve jurisdictional disputes between the tribal and federal or state governments. For instance, what happens when an outsider commits a crime on tribal land, or a company tries to repossess a car parked on a reservation? Legal standards may also differ: Environmental regulations may be stricter on tribal lands, and child-welfare laws more relaxed to accommodate traditions of caring for children in extended families. Indian reservations, many of which are located on arid lands, have battled with the federal government over water access, with dueling parties claiming the rights to the same water sources.

Such issues are tackled in classes at the University of New Mexico's Indian Law Program, one of the oldest and largest in the country. The program includes required courses, like those in Indian law and federal jurisdiction, and electives like Indian gaming, Indian water law, and state-tribal relations.

Because of the shortage of American Indian lawyers, graduates specializing in the field often land high-level positions. Shortly after completing Arizona State's program, Claudette C. White became, at age 35, the youngest chief judge ever on the Fort Yuma-Quechan Reservation, where she grew up, near the intersection of Arizona, California, and Mexico.

Even after she graduated and became the tribe's top legal authority, in 2006, she found herself turning to her professors for advice. One of them, Kevin Gover, is a former assistant secretary for Indian affairs at the U.S. Department of the Interior. (He has since become director of the Smithsonian Institution's National Museum of the American Indian).

"Sometimes I had to adjourn court to affirm that I was heading in the right direction," Ms. White said. Mr. Gover wouldn't just tell her the answers. Instead he would remind her about class discussions and readings and help her work through the solution.

Although she was fresh out of law school, Ms. White was no stranger to tribal governance.
She majored in criminal justice at Northern Arizona University before returning to the reservation. She plunged into tribal politics, becoming a court advocate and working as acting general manager of the tribe's casino.

When she was named chief judge, shortly after graduating from law school, "Some people had doubts about whether I was ready because I was so young," she said. "But I had had a lot of personal experiences directly relevant to the cases I'm working on." A single mother who was raising her own child in addition to the two foster children she had taken on when her own mother died, Ms. White was sensitive to child-welfare issues that came before her in court. Her struggles with her own parents' divorce and her father's alcohol and drug addictions gave her insight into other cases that were all too common in her courtroom.

Despite aggressive recruiting by law schools, the number of American Indian lawyers remains tiny. Nationally, the number of American Indian and Alaskan Natives enrolled in J.D. programs has grown 19 percent over the last five years, to 1,216, according to the American Bar Association. Still, that is less than 1 percent of the 141,719 students who were enrolled in J.D. programs in the 2007-8 academic year.

The 1,216 enrollment estimate may be too high, according to Heather Dawn Thompson, president of the National Native American Bar Association and a member of the Cheyenne River Sioux. Most law schools report enrollments based on the number of students who simply checked a "Native American" box. "A lot of students figure, 'I was born in America — I'm a native' and they figure that checking it will improve their chances of getting in, she says.
Because of the dearth of American Indian lawyers, cases involving Indians are usually handled by lawyers who are unfamiliar with tribal laws.

Nathan St. Goddard, a student at the University of Montana School of Law who worked with Mr. Hale over the summer at the Gila River reservation, believes it is important to have Indian lawyers representing the needs of Indian people. While other lawyers may come with the best intentions, they won't have the same cultural sensitivity, he says.

"People come with some idealized notion of wanting to help the Indians and save the buffalos, but they don't know what they're doing," says Mr. St. Goddard, a member of the Blackfeet tribe.
"What I see happening all the time is a non-Indian who has this romantic view of the 'noble savage' who thinks that we sit in our teepees and bang on our drums and pray to Mother Earth and cry every time we see a piece of trash on the ground." What he sees when he returns home is a poor, dirty reservation of 1.5 million acres patrolled by a little more than a dozen tribal police officers. The tribal court, as well as the jail, is swamped. With his legal training and understanding of tribal life, he hopes to help change that, and would like to see other Indian students follow in his footsteps.

"Indians," he says, "need to start saving themselves."