College of Law Native American Law Emphasis Brochure

Advantages to Earning the Native American Law Emphasis In today’s economy, completing this Emphasis within one’s legal education will benefit law graduates seeking employment with federal/state agencies, private firms, Tribal Nations, and others entities where Native American Law issues arise. Prospective employers are becoming more aware of the intersections of tribal jurisdiction, federal jurisdiction and state jurisdiction as well as the distinctive sources of law for each. Part of this growing trend in the region is evidenced by the fact that several western states include Indian law as a testable subject for their state bar examinations.

Educationally, the Native American Law Emphasis adds to the law student’s base of knowledge on a variety of issues, including the basics of criminal law in tribal territories where federal, tribal and, at times, state law intersect; the extent of tribal civil jurisdiction in various contexts; tribal authority under major federal environmental statutes; examples of intergovernmental agreements between Tribes and states in the region; the legal landscape concerning tribal economic development; the continuing vitality of tribal treaty rights; and many other topics. The Emphasis provides an in-depth examination into law topics that cross-cut many other areas of the law.

Law students successfully completing the Native American Law Emphasis will have the emphasis reflected on their official law school transcripts. As a specialization designation within the legal field, the Native American Law Emphasis will bestow considerable benefits for those successfully completing the emphasis.

University of Idaho Native Law Program consists of four components: Native American Law Emphasis Native American Law Student Association (NALSA) Native American Law Faculty Member, Associate Professor Angelique EagleWoman, James E. Rogers Fellow in American Indian Law Collaboration with Regional Tribal Nations

For more information on the Native Law Program at the University of Idaho College of Law, please contact: Professor Angelique EagleWoman University of Idaho College of Law 875 Perimeter Drive MS 2321 Moscow, Idaho 83844-2321 Phone: (208) 885-7634 Email: EagleWoman@uidaho.edu Website: www.law.uidaho.edu/nativelaw

The Native American Law Emphasis

The Native American Law Emphasis specifically requires the following components to be successfully completed.

A. NAL Emphasis Track Requirements

The University of Idaho College of Law’s Native American Law (NAL) Emphasis is based on an intense course of study on Native American law topics that is completed during the student’s J.D. program. After completing the first year of law school, interested students may apply for the Native American Law Emphasis. In the second and third years of law school, the Native American Law Emphasis requirements may be met. Upon successful completion of the Emphasis, the law school transcript will denote the Native American Law Emphasis attainment.

The Emphasis is designed for a student to select a specific area of focus from one of the available four tracks: Economic Development, Family Law, Governance, or Natural Resources Management. A fifth individualized track is available with pre-approval of the Native American Law Emphasis Advisor, Professor Angelique EagleWoman.

The NAL Emphasis requires a minimum of 6 credits completed in the Native American Law curriculum, 6 credits completed in law school courses or graduate courses in the track area (a total of 12 credits through coursework), a substantial research paper in the area of Native American Law meeting the standards of the Upper Division Writing Requirement; and completion of an internship, externship, pro bono hours, clinical experience or other experience involving the application of Native American Law for a total of twenty (20) hours. All aspects of the Emphasis require the pre-approval for each component by the Native American Law Emphasis Advisor, Professor Angelique EagleWoman.

To earn the Emphasis, students must successfully complete all of the requirements.

Students must select one of four track areas within the NAL Emphasis. The four track areas are: Economic Development, Family Law, Governance, and Natural Resources Management. With pre-approval of the NAL Emphasis Advisor, students may design an individualized track as a fifth track option. Every track requires a total of six credits to be completed in the Native American Law curriculum and 6 credits from the law school course offerings in the track area. With pre-approval of the Associate Dean of Students and the NAL Emphasis Advisor, students may take one graduate level non-law course to satisfy up to 3 credits in the track area. A total of 12 credits of successful coursework are required.

The regularly-offered Native American curriculum is as follows: Every fall semester – Law 949 Native American Law (3 cr.)

Seminars: Spring semester even numbered years – Law 928 Tribal Nations Economics & Law (3 cr.)

Spring semester odd numbered years – Law 979 Native American Natural Resources Law (3 cr.)

B. Substantial Research Paper Requirement A research paper of 20 – 30 pages focused specifically on an area within Native American Law. The paper must meet the standards of the Upper Division Writing Requirement as outlined in the University of Idaho College of Law Bylaws. The paper topic must be preapproved by the Native American Law Emphasis Advisor.

The purpose of the research paper is to provide an in-depth analysis of a Native American law topic within the track area chosen by the student. Throughout the writing of the research paper, a timeline will be followed for the phases

of writing including: abstract, outline with research cites, page requirement drafts, substantially complete draft, and the final paper.

NAL Emphasis students may complete the research paper in fulfillment of one of the Native American course seminars or as a directed study course with the NAL Emphasis Advisor.

C. Experiential Requirement A student in the NAL Emphasis program must complete a minimum of twenty (20) hours working in the field of Native American Law. The experiential requirement can be met in a variety of venues and positions. Every summer the Native American Law Emphasis (NALE) Externship program accepts students to work in field placements under the supervision of licensed actively practicing attorneys and judges. Successful completion of the NALE Externship satisfies the experiential requirement.

Students may also complete experiential hours working on Native American Law issues within any jurisdiction or area of law with the pre-approval of the NAL Emphasis Advisor.

For example in recent years, students have completed the experiential requirement through working with an Idaho county prosecutor on an MOU agreement with a nearby Tribe; preparing legal research memoranda on Native Law issues; assisting with the topical indexing of Tribal Court decisions; and assisting with the Native American Water Rights Settlement E-Repository.