criminal and civil jurisdiction matters, and juggling state and tribal relations. It gets complicated from there. A history of gross injustice against indigenous people and ongoing discriminatory attitudes and practices directed at tribes creates a complex path for tribal attorneys to navigate. For example, tribal gaming has given rise to the myth of the “rich Indian,” Dodd says. What people might not realize is that tribes don’t have the ability to tax, making them hard-pressed to generate income to fund a functioning government. Casinos and other economic development initiatives provide a much-needed source of income for tribes. It allows them to build roads and other infrastructure, support the government, give money to charities and assist their neediest citizens. Yet the myth prevails. Dodd has been mindful of the perception while assisting Potawatomi veterans in approaching legislators about receiving refunds for state taxes that were wrongfully deducted from their paychecks for years. Federal law prohibits states from taxing residents of Indian reservations. “The tribe is not at the forefront of the discussion because of the feelings that people have toward tribes, including ours, that they’re gaming and don’t need money,” says Dodd, a Cherokee. “The tribe is supporting these individuals, but it is reluctant to go in because it might hurt the veterans’ efforts to get compensated for money that was illegally taken from them.” *** The Tribal Law & Government Center contends that the complexity of Indian law and the lack of programs designed to educate students about the unique legal and cultural needs of indigenous people has created a situation in which lawyers representing tribes overemphasize state and federal laws. As a result, they may unconsciously be
yan Rash crossed an ocean last fall to supplement his KU Law education. The second-year student working toward his Tribal Lawyer Certificate capitalized on the school’s exchange program with the University of Auckland in New Zealand and spent the fall semester learning the law more than 7,700 miles from Green Hall. Among other things, he learned that the native Maori in New Zealand are the focus of discrimination in much the same way as indigenous populations in the United States. He also learned that native people in both countries share a reverence for nature, family and ancestry. “I now see myself pursuing a course toward more international indigenous study,” said Rash, a Cherokee from Tahlequah, Okla. “Through my experience in New Zealand, I see we are all in this together.” Rash took courses on international human rights, counterterrorism and legal history. He also participated in a Maori issues moot court, presented a paper on Cherokee history, attended a Maori law student awards banquet and took several “amazing” excursions. He and two of the fellow international visitors he befriended circumnavigated the South Island in a camper van during “spring break,” the first two weeks of September. They watched blue penguins, the smallest of all penguins, come ashore from a day in the Pacific Ocean. They bungee jumped in Queenstown. They spent an entire day on a glacier and kayaked on the Tasman Sea. The highlight of the trip was an overnight stay on Doubtful Sound, one of the most remote places on Earth.
Ryan Rash, 2L, in New Zealand.
“It is more beautiful than can be imagined,” Rash said. “A dolphin had just given birth, and the pod swam with us for about 10 minutes as the boat headed up the sound. There were only eight passengers on this boat, and we were moved to tears by the experience.” Back at KU Law, Rash continues progress toward his anticipated 2011 graduation. The summer prior to his New Zealand trip and the few weeks after his return, Rash served as an intern at the Tribal Law and Policy Institute in Los Angeles. He worked closely on projects aimed at creating more protection from abuse for American Indian women, who are twice as likely as any other demographic of women in the United States to be assaulted, raped and murdered. Rash has not yet decided on a specific career path, but he hopes to help his tribe and Native America in any way that he can. “The tribal law certificate as well as my law degree will help me to achieve that goal,” he said. — Mindie Paget
KU LAW MAGAZINE 7