ASU professors comment on casino appeal

ASU law professors Robert Clinton and Carl Artman were recently quoted in The Arizona Republic about a casino construction appeal that awaits a U.S. Supreme Court decision.

The story, “U.S. Supreme Court case could stall West Valley casino appeal,” explores some of the issues facing the Tohono O’odham Nation’s proposed West Valley casino, and a case out of Michigan that could weaken Native American rights.

Artman said the Michigan case before the nation’s high court could lift the immunity defense that kept those arguments from trial.

“This sort of action threatens to upend a trust that has taken decades to build between the communities, tribes, the state and the federal government,” he said. “When you have these unique situations that come up that are nothing like any other tribe situation, there is still a drive amongst the legislative bodies and judicial entities to create some kind of homogenous response.”

Clinton said he didn’t think the Michigan case would impact the Tohono O’odham dispute.

Particularly for poor tribes, maintaining the protection against lawsuits is crucial to be able to afford to cover basic services for their tribal members, Clinton said.

To read the full article, click here.

Artman served as U.S. Assistant Secretary of the Interior for Indian Affairs from 2007 to 2008, and as Associate Solicitor for Indian Affairs at the U.S. Department of the Interior from 2005 to 2007. An enrolled member of the Oneida Tribe of Indians of Wisconsin, Artman has worked for his tribe as Director of Federal Affairs and Chief Legal Counsel. He served as the chairman of the Tribal Management Advisory Committee and the Tribal Budget Advisory Committee during his tenure as Assistant Secretary.

Clinton teaches and writes about federal Indian law, tribal law, Native American history, constitutional law, federal courts, cyberspace law, copyrights and civil procedure. He is an affiliated faculty member of the ASU American Indian Studies Program. He also is a Faculty Fellow in the Center for Law, Science & Innovation.