Artman quoted in Santa Ynez Valley News, Santa Maria Times

Professor Carl Artman recently served on a panel about efforts by the Santa Ynez Band of Chumash Indians to expand their reservation on Friday, Sept. 16.

Artman’s presentation, “You Heard the Fiction, Now Hear the Facts: A Lesson in Tribal Governance,” was a response to the non-native locals protesting the efforts of the Chumash Indians.

Artman, Director of Economic Development in Indian Country, was mentioned in the Santa Ynez Valley News and the Santa Maria Times as a panelist for the pro-tribe meeting.

Artman quoted in The LA Times, other Southern California newspapers

Professor Carl Artman defended the Santa Ynez Band of Chumash Indians’ right to expand their reservation, calling the protesting locals “a cannibalistic frenzy of myopic reactionism,” according to an article in The Los Angles Times on Sept. 25.

Artman, Director of Economic Development in Indian Country, said during a Sept. 16 panel, titled “You Heard the Fiction, Now Hear the Facts,” the push from critics to deny the Chumash Indians’ more land was due to rumors and a hostile local press.

Artman’s quote was also picked up by the Santa Maria Times and the Santa Barbara Independent.

Tsosie invited to Colorado Workshop on Law, Religion & Culture

Professor Rebecca Tsosie, Willard H. Pedrick Distinguished Research Scholar, was an invited participant at the University of Colorado Law School’s summer Workshop on Law, Religion, and Culture, on July 21-22.

More details at link below:
http://www.law.asu.edu/News/CollegeofLawNews.aspx?NewsId=3303

In the News - Prof. Robert Clinton

Turtle Talk - Supreme Court Citations to Indian Law Scholarship

Article link provided below:

http://turtletalk.wordpress.com/2011/08/15/supreme-court-citations-to-indian-law-scholarship/

Tsosie gives keynote at NSU commencement

Professor Tsosie gave the keynote address on June 12 at the Nova Southeastern University Graduate Schools commencement in Fort Lauderdale-Davie, Fla.

http://www.law.asu.edu/News/CollegeofLawNews.aspx?NewsId=3236

Clinton Quoted in Arizona Republic

Professor Clinton was quoted in a June 5 article in The Arizona Republic, “For-profit schools shadowed by inquiries,” by reporter Jahna Berry.

http://www.law.asu.edu/News/CollegeofLawNews.aspx?NewsId=3225

Patty Ferguson-Bohnee - Paper

Patty Ferguson-Bohnee's paper, "Testimony before the Senate Committee on Indian Affairs: Oversight Hearing on Fixing the Federal Acknowledgment Process," is now available on SSRN. This paper includes a nice background on the acknowledgement process.

Professor Clinton - Appointment

Professor Robert Clinton was reappointed by the Hopi Tribal Council as an Associate Justice of the Hopi Appellate Court for a 3 year term and reappointed by the Hualapai Tribal Council as an Associate Justice of the Hualapai Tribal Court of Appeals for 1 year term.

Tsosie Stays at ASU!

Great News! Professor Tsosie will stay at ASU! Last week Professor Tsosie sent a note to the Advisory Council, students and alumni stating she will stay at ASU with a slightly reconfigured faculty and administrative role that allows her greater participation at the University level. Patty Ferguson-Bohnee will assume the title of Executive Director on July 1 and Professor Tsosie will be working with her and the other faculty and staff of the ILP on designing the next phase of the Program's development, which will more fully engage the University's mission and vision for the future.

Artman on Tribal Law and Order Act

Professor of Practice Carl Artman, Director of the College of Law’s Economic Development in Indian Country Program, wrote an article about the Tribal Law and Order Act that was published in the July issue of the Godfrey & Kahn newsletter.

In the law firm’s Indian Nations Law Alert, Artman wrote about the act, which Congress passed on July 21, and President Obama is expected to sign. It will bring accountability to the federal administration of justice in Indian Country and strengthen tribal justice systems, he wrote.The act “seeks to increase coordination and communication among Federal, State, tribal, and local law enforcement agencies; reduce violent crime, sexual violence, and drug and alcohol addition in Indian Country; and increase the collection and sharing of criminal data among the different jurisdictional entities,” the article states.

To read it in its entirety, click here. To read other articles by Artman on the firm’s website, click here.

Artman served as the 10th Assistant Secretary – Indian Affairs for the U.S. Department of the Interior and as the Department’s Associate Solicitor for Indian Affairs. An enrolled member of the Oneida Tribe of Indians of Wisconsin, he has worked for his tribe as Director of Federal Affairs, Chief Legal Counsel, and as Chief Operating Officer of an Oneida Tribe-owned telecommunications venture.

Clinton paper published in "Law Journal"

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

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

Tsosie serves on Native Women and Intersectionality panel

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

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

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

Clinton Speaks at "Stewards in Leadership" conference

Robert Clinton Robert Clinton, professor of law and an affiliated faculty member of the American Indian Studies Program at Arizona State University, recently spoke on the history of federal Indian policy at Stewards in Leadership: Timeless Traditions in a Digital World, ASU's annual conference for newly elected Native American officials.

The conference, held April 15-16, at ASU's Memorial Union, was sponsored by ASU's American Indian Newly Elected Officials program and provided experience-based lessons designed for elected and appointed tribal leaders and key tribal government staff.

Presented from a uniquely Native worldview, this program brought together outstanding respected leaders like Ivan Makil, former President of the Salt River Pima-Maricopa Indian Community, and Jacob Moore, Tribal Relations Coordinator, ASU Office of Public Affairs, who shared their experience, stories and wisdom with new generations of leaders.

Participants gained a better understanding of the unique and complex world of responsibilities bestowed on those who bear the mantle of leadership. They also learned how to make traditional cultural values a more effective part of the decision-making process to determine the future of Indian Country in a contemporary world. Participants discussed strategies that can enrich their own lives and the lives of their people and communities.

Clinton also serves as Chief Justice of the Winnebago Supreme Court and as an Associate Justice of the Cheyenne River Sioux Tribal Court of Appeals, the Colorado River Indian Tribes Court of Appeals, the Hualapai Tribal Court of Appeals, and the Hopi Court of Appeals. He also has served as a temporary judge or arbitrator for other tribes and as an expert witness or consultant in Indian law and cyberlaw cases.

He teaches and writes about federal Indian law, tribal law, Native American history, constitutional law, federal courts, cyberspace law, copyrights, and civil procedure.

Artman Chapter included in "Emerging Issues" book

Carl Artman Carl J. Artman, director of the Economic Development in Indian Country Program, has contributed a chapter, "Attorney as Facilitator: Working Through Economic Development, Energy, and Environmental Issues," to the recently published book, Emerging Issues in Tribal-State Relations, 2010 ed.: Leading Lawyers on Preserving Tribal Sovereignty, Responding to New Regulations, and Improving the Tribal-State Relationship (Inside the Minds).

"The book provides an authoritative, insider's perspective on recent trends and developments in tribal law and the role of the attorney in interactions between sovereign nations and the government," according to a synopsis.

"Featuring partners and shareholders from some of the nation's leading law firms, this book offers a broad yet comprehensive overview of the most common disputes between Native American tribes and state and local governments and the strategies being utilized to resolve these issues.

"Through analyses of recent and pending case decisions, these leaders review the most controversial issues and new regulations in tribal law today, including law enforcement on tribal lands, tribal sovereign immunity, acquisition of land in trust, protection of natural resources, taxation issues, and Indian gaming.

"The authors weigh the impact of the recent economic crisis on tribes and local governments alike and suggest opportunities for partnership. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to improving tribal and government relationships.

"Inside the Minds provides readers with proven business intelligence from C-Level executives and lawyers (Chairman, CEO, CFO, CMO, Partner) from the world's most respected companies and firms nationwide. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession, or topic is heading and the most important issues for the future. Each author has been selected based upon their experience and C-level standing within the professional community."

Artman served as the 10th Assistant Secretary - Indian Affairs for the U.S. Department of the Interior and as the Department's Associate Solicitor for Indian Affairs. An enrolled member of the Oneida Tribe of Indians of Wisconsin, Artman has worked for his tribe as Director of Federal Affairs, Chief Legal Counsel, and as Chief Operating Officer of an Oneida Tribe-owned telecommunications venture.

Tsosie's recent publications

Two works by Rebecca Tsosie have recently been published.

"Climate Change, Sustainability, and Globalization: Charting the Future of Indigenous Environmental Self-Determination," published in a symposium issue of the Houston Environmental & Energy Law & Policy Journal, focuses on one important consequence of global climate change: the possibility that entire cultures and communities could be wiped out or forced to relocate. However, in the same way that policy-making cost-benefit analyses often ignore the claims of future generations, Rebecca argues that they also tend to ignore rights or duties related to the survival of indigenous communities. Accordingly, she explores reforms to nation-state and international governance structures to effectuate such interests, while noting that many traditional ethical constructs associated with native populations--seeking continuity over time, emphasizing preservation of heritage, focusing on stewardship of the earth, protecting the existence of future generations, and so on--should be core components of a contemporary system of environmental ethics.

Cultural heritage is also the topic of "Who Controls Native Cultural Heritage?: 'Art,' 'Artifacts,' and the Right to Cultural Survival," a chapter in a new book, "Cultural Heritage Issues: The Legacy of Conquest, Colonization, and Commerce" (edited by James A.R. Nafziger & Ann M. Nicgorski). Here Rebecca observes that native peoples' cultural claims are often viewed by the legal system as less cognizable than those that are at least sometimes protected under the rubrics of "religious freedom" or "cultural property." According to Rebecca, this differential treatment stems in part from very different conceptions of ideas such as "art," "culture," "history," and "discovery." Thus, she argues for a more pluralist framework for understanding cultural claims, one that would see federal courts and tribal courts working in tandem to articulate and define the scope of cultural rights.

Professor Artman quoted in article

Lawmaker: Restrict profit from tribal ceremonies
By JONATHAN J. COOPER and FELICIA FONSECA
The Associated PressTuesday, January 19, 2010

PHOENIX - An Arizona lawmaker introduced a bill Tuesday to regulate the use of traditional Native American practices after three people died last year in a northern Arizona sweat lodge ceremony.The measure from Sen. Albert Hale, D-St. Michaels, seeks to sanction the use of Native American ceremonies off tribal land for profit without permission.Self-help guru James Arthur Ray charged people more than $9,000 each to attend his five-day "Spiritual Warrior" retreat near Sedona that culminated in a sweat lodge ceremony on Oct. 8. Participants said they trusted that Ray, who touted training under a Native American shaman, knew what he was doing.Three people died and 18 others were hospitalized after becoming overwhelmed in the 415 square-foot sweat lodge that was covered with tarps and blankets. The deaths and illnesses sparked outrage among American Indians, who drew distinctions between what Ray did and what would be considered a traditional Native American sweat lodge.Hale, a member and former president of the Navajo tribe, said the bill is partly an effort to protect people from false advertising."This process has been a perversion of our traditional ways," he said. "The dominant society has taken all that we have: Our land, our water, our language, and now they're trying to take our way of life."The Yavapai County sheriff's office has focused a homicide investigation on Ray, who has made millions of dollars by convincing people his words will lead them to spiritual and financial wealth. Ray has hired an investigative team to find out what happened, and his lawyer said the deaths were the result of a tragic accident, not criminal negligence.Hale's proposed restrictions would not apply to ceremonies taking place on tribal land or with the authorization of a tribal government.It's unclear exactly how the law would be enforced. The bill leaves those details up to the Arizona Department of Health Services and the Arizona Commission of Indian Affairs, but Hale said a violation would likely be a civil offense similar to a traffic ticket.

Carl Artman, an Indian law professor at Arizona State University, said the bill opens the door for protections similar to those for Native American arts and artifacts. Any regulations should be a balance between a tribe's culture, spirituality and history, and an individual's First Amendment rights, he said."If passed, it will be how the regulations are written that we'll see if it has staying power and benefits for the tribes," he said. If nothing else, Artman said the bill would force a discussion on the issue.

Sweat lodges are commonly used by Native American tribes to cleanse the body and prepare for hunts, ceremonies and other events. They typically hold no more than a dozen people, compared with more than 50 people inside the one led by Ray. The ceremony involves stones heated up outside the lodge, brought inside and placed in a pit. The door is closed, and water is poured on the stones, producing heat aimed at releasing toxins in the body. In traditional ceremonies, the person who pours the water is said to have an innate sense about the conditions of others inside the sweat lodge, many times recognizing problems before they physically are presented."We need to be respected," Navajo Nation President Joe Shirley Jr. said. "Our ways cannot be abused."

Canby Lecture Press Release

Gover addresses ‘White Man’s Indian’ in Canby Lecture

Indians, since their first encounter with Europeans, have always been more defined by others than by themselves, according to Kevin Gover, Director of the Smithsonian’s National Museum of the American Indian, who will deliver the Third Annual William C. Canby Jr. lecture, “Will the White Man’s Indian Ever Die?” at the Sandra Day O’Connor College of Law at ASU.

“It is the human inclination to dominate that is so troublesome,” Gover said. “And defining another, well, I can’t imagine a more complete domination, at least psychologically.”

The lecture, presented by the College of Law’s Indian Legal Program, is named in honor of Judge William C. Canby Jr. of the 9th U.S. Circuit Court of Appeals and a founding faculty member. It will start at 4:30 p.m. on Thursday, Jan. 28, in the Great Hall of Armstrong Hall on ASU's Tempe campus. Free tickets are available at http://community.law.asu.edu/event/REPATat20.

The talk is the keynote for the conference, “Repatriation at 20: A Gathering on Native Self-Determination and Human Rights,” which will continue at the College from 8:30 to 5 p.m. on Friday, Jan. 29.

“Kevin Gover has for many years been a distinguished faculty member in our Indian Legal Program at the Sandra Day O'Connor College of Law, and though he is currently on leave running the most visible museum and cultural center on Indian tribes in the country, we are thrilled to welcome him back for what promises to be a provocative and fascinating lecture on how collective identities are created and perpetuated in a world of power disparities among peoples,” said Dean Paul Schiff Berman.

Gover said that, when Indians aren’t excluded from American history, they are considered as an afterthought.

“Indians are too often represented as uncivilized, and that it is either inevitable or necessary that they be removed from the path of progress,” Gover said. “The vast majority of the public has been taught that the Americas were an uncivilized wilderness in 1492. But the Americas were fully occupied in 1492. There were probably as many people here as in Europe in 1492.”

Gover said that Indians are damaged by allowing others to define them, which continues to this day.

“It puts us in a box,” Gover said. “I’m stunned by the number of people who are angry when they come to the museum and see it is about Indians who are still here, rather than Indians who used to be. They think modern Indians aren’t real Indians because we’re not like we were when Columbus set foot here.”

Gover uses artists as an example.

“Any Native artist using modern media for their work is criticized,” Gover said. “People say, ‘That’s not Indian art.’ Even though it’s an Indian making a statement about Indians. The media the artist chooses to use becomes disqualifying. It’s crazy, and it’s insulting.

“It’s like saying it isn’t legitimate unless it is the same way you were doing things in 1492,” he said. “They wouldn’t ask it of anyone else. They wouldn’t say, ‘You can’t be a White man unless you’re wearing knickers and tails. It’s unique to Indians.”

Being defined by others extends to sports mascots, where Indians are “honored” for their bravery.

“Why don’t they honor us for being smart, creative, for all kinds of different things?” Gover asks. “Why choose the one? It tells us that you’re stereotyping. You can’t be Indian unless you’re brave, whatever that means. It’s ridiculous. It’s just a tiny part of what Indians were and are.”

Redefining even extends to the repatriation of items from museums.

“When any institution considers a repatriation request, they have to investigate to see if the object is what the Indian says it is,” Gover said. “Where are they going to look? The most authoritative place is the tribe itself, but instead, museums consistently look at 19th and early-20th century written ethnography, and if it conflicts, they prefer it over the contemporary Indian information.”

The problem is that the early ethnography was written by white, misguided scholars, he said.

“Many of them were very earnest scholars, but they brought the baggage of 19th-century race science, which set out to prove that all other races are inferior to the white race, and that all models of civilization started with tribes and ended up in the modern European state, which was the ultimate end of the evolutionary process.”

Gover said the overall situation is getting better, but the stereotyping and bigotry have to be confronted every time it is seen. He pointed to the criticism leveled recently at Republic National Committee Chairman Michael Steele after he used the phrase “honest injun” in an interview on Fox News.

“In the great scheme of things, you might think, ‘So what?’ ” Gover said. “But if we let that go by without challenging it, that white noise we get exposed to gets louder and louder. We need to say, ‘I don’t think you’re a racist, but what you said is offensive and you shouldn’t say it anymore.’ ”

Gover said tribes also have to start telling their own stories.

“It is powerful to see how tribes, in their own museums, are interpreting their own stories,” he said. “Things are better, but it will be the work of generations to cleanse our minds of what we have been taught over the course of our lives. I won’t live to see it.”

Canby Lecture - Kevin Gover - January 28, 2010

Please join us for the Canby Lecture on Thursday, January 28, 2010 at the College of Law Great Hall. If you cannot make it you can watch the lecture on-line at http://online.asu.edu/events/canby/canby.htm.

Gover on Native American Calling tomorrow

Kevin Gover, will be featured on Native America Calling tomorrow, Tues. Jan. 12, talking about tribal consulations at 1 p.m. EST. Tune in!
www.nativeamericacalling.com

Carl Artman testified at Senate Hearing

Carl Artman testified at an oversight hearing on Wednesday, December 9th.

Where’s the Trustee? Department of Interior Backlogs Prevent Tribes from Using their Lands View Webcast

WitnessesPanel 1MR. GEORGE SKIBINE Acting Principal Deputy Assistant Secretary for Indian Affairs, U.S. Department of the Interior, Washington, DC Accompanied by: MS. VICKI FORREST, Deputy Bureau Director for TrustServices, Ll.S. Department of the Interior, Washington, DC

Panel 2MR. CARL J. ARTMAN Esquire, Professor of Practice, Sandra Day O'Connor College of Law, Arizona State University, Tempe, Arizona

THE HONORABLE DEREK BAILEY Chairman, Grand Traverse Band of Ottawa and Chippewa Indians, Peshawbestown, Michigan