Indigenous / American Indian Law Concentration Track

In both the global and domestic contexts, the laws of and relevant to Indigenous peoples and Native Nations are critically important for understanding issues of sovereignty, rights, and authority. Understanding these issues and identifying their connection to other, non-Indigenous legal systems requires study of the history and context in which they arose. In North America there are over 1,200 functioning Indigenous governments, each with their own customs, laws, and distinct territories, that are recognized by other sovereigns in a significant way and that play a major role among the modern nation states of the world. Therefore, the study of Indigenous and American Indian Law is not only critical for working in the State of Washington, home to 29 federally recognized Indian Tribes, and the Pacific Northwest, these areas of law also inform a deeper and more nuanced understanding of other systems of American and International law.

Building on our long tradition and leadership in teaching, scholarship, and service in support of these fields, the UW School of Law and the Native American Law Center (NALC) offer a J.D. concentration track in Indigenous/American Indian Law. The range of courses, clinical or experiential opportunities, and scholarship commitments provides interested students with a well-rounded and in-depth approach intended to further their interests and understanding while also preparing them for practice in the field.

Faculty Advisors

• Monte Mills
• Eric Eberhard
• Brenda Williams

Program Requirements

General

Follow all of the steps outlined on the Concentration Tracks page.

Course Requirements

Not all courses will be available each year.

Students must take a minimum of 30 credits in Indigenous/American Indian law curriculum as follows:

Students must take:

• A565 American Indian Law (4 credits)
• B584 Indigenous Governance (4-6 credits)
• E531 Indigenous Economic Development (4-6 credits)

Tribal Court Clinic (12 credits) [see note below]

Students must earn at least 6 credits in courses from the following list:

• A509 Administrative Law (4 credits)
• A525 Water Law (3 credits)
• B507 Federal Courts & the Federal System (4 credits)
• B529 Advanced Environmental Law — Restoration of the Elwha River (4 credits)
• B551 Comparative Legal Studies Seminar — American Indian Tribal Law (2-6 credits)
• B578 Legal Problems of Economic Development Seminar (4-6 credits)
• B581 Land, American Culture, and the Law (3 credits)
• B585 Natural Resources Law (4 credits)
• E555 Legislation (4 credits)

With approval of a concentration track advisor, other advanced Indigenous/American Indian law courses or courses outside the law school focused on relevant topics may be used to satisfy this requirement.

Applied

Writing Requirement

All students must complete an advanced writing project on a subject related to Indigenous/American Indian Law. Subject to approval by a concentration track advisor, this requirement may be satisfied by writing a major research paper in conjunction with a seminar listed above (4–6 credits), as part of an independent study (Advanced Writing Project Law E500), or by publishing a law journal article.

Clinic, Externship, or Equivalent Practice Requirement

As noted above, students must earn at least 12 credits in the Tribal Court Clinic or by completing an externship with an organization approved by the law school public service program and the concentration track advisor. As part of meeting the externship requirement, students must take B567 General Externship Perspective Seminar (2 credits) or its equivalent. A concentration track advisor may waive the clinical or externship requirement for students who document equivalent practical experience in the area (e.g. through a summer internship focused on relevant issues). To the extent that the student has equivalent experience, he or she must still take sufficient additional credits of approved courses to meet the 30-credit hour minimum for the concentration.

Indigenous/American Indian Law Learning Outcomes

J.D. students electing to specialize in the Indigenous/American Indian Law Concentration Track should achieve the competencies expected of all J.D. students at the University of Washington.

In addition, they should be able to:

• Demonstrate knowledge of the historical and continuing presence and practice of Indigenous sovereignty in the domestic and international spheres;
• Understand the development of the American and International legal systems as they relate to the rights of Indigenous peoples;
• Describe the legal and conceptual underpinnings of American Indian Law, including the areas of intersection with other legal doctrines and areas of law;
• Distinguish the nature and practice of Indigenous governance in both domestic and comparative contexts;
• Identify, understand, and strive to collaborate across cultural differences;
• Use knowledge and research skills to develop an in-depth written analysis of a specific and novel Indigenous/American Indian Law issue; and
• Develop practical skills and knowledge through a clinical or externship experience in order to build real-world competence working with and within Indigenous/American Indian legal systems.