Indian Law Clinic
Professor Maylinn Smith, Director
406.243.2544
maylinn.smith@umontana.edu
(Maximum of 8 students)
The Indian Law Clinic at The University of Montana School of Law was established in 1980 as a component of the school's clinical education program. Designed to provide students with practical experience regarding Indian law issues, the Indian Law Clinic is an in-house clinical program focusing primarily on issues and problems affecting tribal governments and justice systems located in Montana and Wyoming. The Indian Law Clinic provides legal research and technical assistance on Indian law issues to a variety of individuals and entities. Due to limited resources, the Indian Law Clinic generally provides assistance on matters impacting tribal sovereignty, cultural preservation and economic conditions within Indian country.
- 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
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.
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