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University of Washington’s Native American Law Center Teaches Students and Assists Tribes [by Erica Winter] Founded five years ago and located at the University of Washington in Seattle, the Native American Law Center’s mission is to provide legal education in Indian law and to have a practical impact on the lives of tribal members.
The center provides educational oppor-
can only exact fines of no more than $5,000
spotlight as well, says Whitener. Over the
tunities for University of Washington law
and imprison those convicted of crimes for
last 20 years, the United States Supreme
students and the greater university and holds
one year, says Whitener, so some violations
Court has eroded tribes’ authority to regulate
conferences for legal education in Indian law,
of state law go to state courts, and more
non-Indian activity on the reservations, he
says Director Robert Anderson, who is an
serious crimes--such as murder, rape, or
says. Reservation land can be classified in
Assistant Professor at the law school and a
kidnapping--go to federal court.
different ways, and some of it can be owned by non-Indians. The Supreme Court has been
member of the Boise Forte Band of MinneThe center’s clinical program will expand
applying stricter scrutiny to jurisdictional
next year to include representation of indi-
issues concerning this non-Indian-owned
The center’s Tribal Court Criminal Defense
gent parents in child custody and other social
reservation land.
Clinic involves students acting as the public
services issues, says Anderson.
sota Chippewa.
Financing issues are also a large area of
defender’s office for the local Tulalip Tribes. The clinic’s goal is to train law students in
Working within the tribal courts is a “great
this specialty, both for tribal governments
trial work and to expose them to the tribal
opportunity for students here to get a feel for
and businesses. Other tribal legal work
justice system, says Ron Whitener, director
another country,” says Anderson.
includes government relations, repatriation of artifacts, water rights, hunting and fishing
of the clinic program. Whitener is also As-
rights, land use planning, and also health-
sistant Director of the Native American Law
There are currently eight students working
Center, an Assistant Professor at the law
at the clinic. About five students work on
care law, with some large tribes, such as the
school, and a member of the Squaxin Island
other projects with an Indian law focus at the
Navajo nation, forming their own HMOs.
Tribe of Indians.
center, says Anderson. There is high interest in the field at the law school. Of a total 160
Indian law is all areas of law, seen through
In the clinic, Whitener supervises third-year
students at the law school, Anderson had 38
the filter of tribes, says Whitener.
and a few second-year law students who
in his Basic Indian Law class last fall.
represent indigent Tulalip tribal members
There are Indian law programs at other law
charged with crimes. Students work in pairs
In addition to taking classes on Indian law,
schools, the strength of which currently
on cases of common misdemeanors, such as
students concentrating on the field can find
seems to depend on geography, with a great-
theft, reckless or drunk driving, assault, drug
externships as tribal court judge clerks, at
er focus on the field in the western United
possession, and some drug sales. The clinic
law firms that work on tribal issues, or with
States. Of the seven authors and editors of
only handles cases that are heard in tribal
tribal prosecutors or public defenders. Most
Cohen’s Handbook of Federal Indian Law,
court.
tribes that are large enough have their own
“the Bible of Indian law,” says Anderson,
prosecutors and public defender offices.
five are based at western schools, including
Tribal judicial systems are “generally more
Anderson himself.
holistic than you would find off the reserva-
Legal issues for tribes are many and varied.
tion,” says Whitener. The clinic’s cases are
Employment law issues are now a “big
Washington was the first state to put Indian
most often resolved through plea agree-
area of the law” for tribes these days, says
law on the bar exam; New Mexico, Oregon,
ments focusing on the rehabilitation of the
Anderson, with questions arising on whether
and Idaho are considering doing the same,
defendant.
unions can organize on reservations.
says Anderson.
The Indian Civil Rights Act says that tribes
Questions of tribal jurisdiction are in the
The other western authors for the journal are
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