Clinics—In-House Clinics

Educational Objectives

The Indian Law Clinic is open to any law student satisfying its prerequisites. The educational objectives of this clinical program include providing participating students with an opportunity to:

• Gain a practical understanding of the jurisdictional interplay between federal, state and tribal laws by working with various tribal governmental departments on matters involving these three sovereigns;

• Assist tribal governments with code and constitutional development and revision issues;

• Research Indian law issues within the historical and traditional federal-tribal relationship;

• Obtain information regarding substantive and procedural aspects of Indian law by working with tribal courts, tribal legal departments, and advocacy programs assisting Indian peoples or addressing Indian issues;

• Obtain a greater understanding of the applicable federal and tribal administrative law process;

• Develop and utilize interviewing and counseling skills by handling cases on the various Indian reservations and working directly with clients;

• Improve legal writing skills by drafting tribal codes, constitutional provisions, correspondence, supporting memoranda, pleadings and briefs;

• Acquire practical court room experience by working with lawyers and tribal court judges;

• Participate in group projects impacting a variety of current Indian issues and interests; and

• Prepare and present legal materials regarding both substantive and procedural aspects of Indian law to various tribal departments and federal agencies as part of requested training seminars.

Class Room Component

In addition to the academic requirement that students complete a substantive Indian law course, a teaching component is included in the clinical educational experience. This teaching component addresses practical concerns or issues arising from the various assigned projects. The practical component of the clinic is further supplemented with various discussions on topics pertaining to emerging, changing and controversial Indian law issues. Individuals presently working in the field of Indian law frequently participate in these seminar classes, giving students a greater understanding of what it means to be an attorney working with tribal governments or dealing with Indian legal issues.

Past Projects

The Indian Law Clinic has undertaken a wide variety of projects over the last two decades. Some of the more recent clinical projects include:

• Working with the U.S. Forest Service to create training materials and provide training on the federal requirements associated with the current federal Indian policy

• Developing a model tribal secured transaction code at the request of several banking organizations and tribal governments

• Representing tribes and Indian families in state courts where compliance with the requirements of the Indian Child Welfare Act is an issue

• Looking at environmental concerns impacting Indian country, including drafting applicable code provisions and commenting on Environmental Impact Statements

• Looking at educational issues and cultural preservation issues, both based on the Montana Constitution and federal law

• Writing amicus curie briefs to the Ninth Circuit in cases involving tribal sovereignty and jurisdictional issues

• Representing individuals in the Confederated Salish and Kootenai Tribal Court on both criminal and civil matters

• Providing training, technical assistance and legal research to tribal courts and other tribally operated programs on current legal issues

• Developing position papers on behalf of the Montana-Wyoming Tribal Judges Associations regarding proposed federal legislation impacting tribal jurisdiction

• Developing specific code sections on a wide variety of topics at the request of tribal governments

What Past Students Say about their Clinical Experience

The Dream

Hands-on, practical experience gained through participation in the Indian Law Clinic will, hopefully, encourage individuals to pursue employment in areas dealing with Indian law. Providing students with the expertise and competency necessary to successfully identify and address any Indian law issues gives them a marketable skill and the confidence to successfully use this skill. The Indian Law Clinic's policy of providing appropriate assistance to tribes and select individuals and entities helps ensure that the rights of Indian peoples and tribes are recognized and protected. It is this combination of providing practical experience for the students in the form of assistance to tribal governments and Indian people that makes the Indian Law clinical program a continued success. The Indian Law Clinic continues expanding and improving its future associations with local, regional and national tribal entities which might benefit from its services. This outreach process gives law students a very wide range of opportunities to explore the options available in the area of Indian law and to experience what it means to be an Indian lawyer.

Prerequisite or Corequisite: Students should have taken or be enrolled in either Federal Indian Law or Tribal Courts/Tribal Law.