Indian Legal Clinic

Indigenous peoples are among the most vulnerable to the adverse effects of extreme weather and climate events. As a result, climate change not only threatens the landscape, but also cultural identity. As climate catastrophes become increasingly more frequent, policy discussions must address climate impacts on cultural heritage and the imminent threat to Indigenous cultures. The Clinic works to ensure that Indigenous communities impacted by climate disruptions are considered and included in such policy discussions and hosted a conference to discuss climate threats and challenges faced by Indigenous communities. The Clinic published a report summarizing the conference proceedings and submitted comments to the Draft Fourth National Climate Assessment about incorporating cultural heritage in the discussion of climate.

Federal recognition is the federal government’s formal acknowledgement of a Tribe’s inherent sovereignty and nation-to-nation relationship. The modern emphasis on federal acknowledgment has resulted in such status operating as a prerequisite for protection of inherent rights and recognition of tribal sovereignty. The Bureau of Indian Affairs publishes a list of Tribes that it recognizes as having certain legal, regulatory, and financial rights and privileges. Historically, Tribes achieved federal recognition in one of three ways: (1) through the administrative Federal Acknowledgment Process established in 1978; (2) through legislative (Congressional) authority; or (3) through court action. The federal recognition process is controversial, complex, slow and inconsistent.

Professor Patty Ferguson-Bohnee has testified before U.S. House and Senate committees and state committees on several occasions regarding important matters of Tribal sovereignty, including federal recognition and voting rights issues. Professor Ferguson-Bohnee appeared twice before the U.S. Senate Committee on Indian Affairs to provide additional perspective on the federal acknowledgment process for Indian Tribes. Clinic students have the opportunity to help research and draft the testimony. When feasible, students who assisted in drafting the testimony have the opportunity to travel to Washington D.C. to attend the hearing where the testimony was given.

Students and Fellows also draft and present testimony and reports. ILC students testified before the Native American Voting Rights Coalition at hearings in Phoenix and Tuba City, and Native Vote Fellow Blair Tarman presented testimony to the Arizona Independent Redistricting Commission.

In 2015, the Indian Legal Clinic and the Arizona State Law Journal hosted a town hall and symposium on the School-to-Prison Pipeline in Indian Country. Papers from the symposium were published in the Arizona Law Journal. In 2016, the Indian Legal Clinic hosted a conference to discuss solutions being put into practice and how they are positively impacting juveniles who are disproportionately affected by the School-to-Prison Pipeline.

ASU/ABA Conference 2015

• Webcast
• Special Volume of Arizona Law Journal from School-to-Prison Pipeline Conference (2016)
• ABA Task Force on Reversing the School-to-Prison Pipeline, Recommendations and Preliminary Report (2018)
• Resources

The Indian Legal Clinic has participated in complex and important matters before state, Tribal, and federal courts. While in the Clinic, student attorneys have drafted briefs, prepared for oral arguments, and appeared in state and Tribal forums. Student attorneys have drafted amicus briefs filed with the United States Court of Appeals as well as the United States Supreme Court. 

• Amicus Brief of the Lipan Apache Tribe of Texas in A.A. v. Needville
• Amicus Brief of the National Native American Bar Association in Adoptive Couple v. Baby Girl