In a first for Harvard, the Law School will host a session of the Navajo Nation Supreme Court on Saturday, Feb. 6. The case, pitting Indian activist and actor Russell Means against the Navajo Nation, has the potential to result in a landmark decision and could go to the U.S. Supreme Court.

The Saturday oral argument is open to the public, as is an address on Friday, Feb. 5, by Navajo Nation Supreme Court Chief Justice Robert Yazzie. The Court's visit to Harvard is part of a weekend of events designed to inform and educate the community about Native American law and is part of an academic commitment at Harvard to examine the legal, economic, and cultural issues facing Native Americans and indigenous peoples worldwide.

"We are honored to host the visit of the Navajo Supreme Court, the first time a tribal court has sat in session at the University," said Dean Robert Clark. "This event exemplifies Harvard Law School's strong commitment to the study and understanding of Native legal systems."

Background of the Case

The case, Navajo Nation v. Russell Means, raises the issue of whether the Navajo Nation's exercise of criminal jurisdiction over Russell Means, a nonmember Indian, violates the equal protection provision of the Indian Civil Rights Act, the Navajo Bill of Rights, and the Fifth Amendment to the U.S. Constitution.

Means, a major figure of the American Indian Movement, is perhaps most widely known for his Hollywood appearances. His film credits include Dances With Wolves and Last of the Mohicans. Most recently he was the voice of Powhatan in Disney's Pocahontas. It was not known at press time whether Means would appear in court.

Navajo Nation v. Means centers on the limits of the jurisdiction of tribal courts. It is a criminal prosecution against Means, a member of the Oglala Sioux Tribe.

In this case, Means is charged by the Navajo with one count of "threatening" and two counts of "battery" stemming from an allegedly aggressive exchange with his in-laws on the Navajo reservation in December 1997.

Means is arguing that the Navajo Nation has no jurisdiction over him, based on precedent established in the 1990 case Duro v. Reina. In Duro, the U.S. Supreme Court found that in criminal jurisdiction, a tribe's inherent sovereign powers extend only to members of the tribe. The ruling generated numerous difficulties in Indian Country. In response to Duro, Congress amended the Indian Civil Rights Act and asserted that a tribe's criminal jurisdiction extends over all Indians. Congress called the action a "recognition" of inherent rights that Indian tribes have always held.

Means' attorney, John Trebon, is the lawyer who successfully argued Duro before the Supreme Court, only to have his victory negated by Congress. Trebon, who will argue the case on campus on Feb. 6, will argue that Means is the victim of racial discrimination -- that the Navajo Nation would have no authority over him but for the fact that he is Indian. He will also argue that Congress cannot trump the U.S. Supreme Court in this area.

Donovan Brown Sr., acting chief prosecutor of the Navajo Nation, will argue the Navajo Nation's case.

Educational Mission

Said Chief Justice Yazzie, "Shortly after I became the chief justice of the Navajo Nation in 1992, the justices of the Navajo Nation Supreme Court adopted a policy that the Court should sit at universities and during Indian law conferences. The policy is based upon the need to offer law students an opportunity to see an Indian nation court at work. Since then, the Navajo Nation Supreme Court has sat at many universities, including the universities of New Mexico, Utah, Colorado, and Michigan, and Stanford University.

"These are not moot court sessions," Yazzie said. "They are actual cases before the Navajo Nation Supreme Court. The case to be heard at Harvard is a potentially landmark decision, which could have great implications for Indian nation government. Russell Means, a noted figure in Indian Country, challenges the criminal jurisdiction of the Navajo Nation over him.

"More than simply the educational value of such a sitting, it is important for Indian nation courts to show what they are and how they operate to the United States as a whole. Despite more than a decade of congressional debate on the legitimacy of Indian courts and the need to fund them, they are neglected. Their dignity as legitimate courts is constantly under attack. Accordingly, this is an opportunity for the faculty and students of one of America's leading law schools, and for the public, to see for themselves how the Supreme Court of the Navajo Nation works. It is also an opportunity to share ideas about Indian policy and to discuss the future of American Indian judicial systems."

Presiding over the trial will be Yazzie, Associate Justice Raymond Austin, and Associate Justice Designate Irene Toledo.

Dean Clark and Provost Harvey Fineberg will welcome the justices and assembled guests, who will include tribal leaders from throughout the Northeast and beyond.

The three Navajo Nation Supreme Court justices will be honored at a Harvard Foundation luncheon on Friday, Feb. 5, where they will receive Harvard medals for their significant contributions to intercultural and race relations.

The events are sponsored by the HLS Office of the Dean, the Native American Law Students' Association, the Harvard University Native American Program, the HLS Dean of Students Office, the HLS Office of Academic Affairs, the HMS Native American Health Organization, the Harvard Foundation for Intercultural and Race Relations, the HLS Native American Alumni Association, the Native Americans at Harvard-Radcliffe, and through the generosity of Mr. and Mrs. Daniel Steiner.

Two events open to the public

COURT ADDRESS: Navajo Nation Supreme Court Chief Justice Robert Yazzie will deliver a keynote address, "Navajo Common Law: Navajo Custom and Tradition," on Friday, Feb. 5, from 5 to 6:30 p.m., Ames Courtroom, Austin Hall, 1515 Massachusetts Ave. The event is open to the public.

COURT SESSION: The oral argument in Navajo Nation v. Russell Means will be open to the public on Saturday, Feb. 6, from 10 a.m. to 12:30 p.m., Ames Courtroom, Austin Hall, 1515 Massachusetts Ave. Doors open at 9:30 a.m. Because this will be an actual session of the court, no one will be allowed to enter or leave the courtroom during the arguments.

FOR MORE INFORMATION: Online at http://www. law.harvard.edu/News/navajo.html