Federal Indian Law and Permission of Instructor. Students are required to interview with Professor Hershey before enrollment can occur.
Federal Indian Law, Indigenous Human Rights
The University of Arizona, Rogers College of Laws Indigenous Law Clinic, under the auspices of the Indigenous Peoples Law and Policy Program, provides domestic and international legal assistance to the Indigenous peoples of the southwest and the world. To that end, the Indigenous Law Clinic had established a court-appointed guardian-ad-litem program for the Tohono O=odham Indian Reservation which involved the representation of abused and neglected children before their tribal courts in dependency proceedings. Currently, we are designing a Parole Re-entry Program for the Tohono Oodham Judiciary. We have supervised law students in such areas as Native Hawaiian Sovereignty, Tribal Environmental Law, Tribal Probate, Criminal Code revisions, Cultural Protection, Rules of Court Legislation, Legal Research for Tribal Judges, International Intellectual Property and Human Rights Advocacy, Reorganization of Tribal Criminal Justice Systems, Foreign Trade Zone and Tribal Economic Development, Tribal Tort Claims Legislation, Litigation Based Support for Federal Court Cases Involving Treaty and Other Tribal Rights. We have been consultants for the O=odham in Mexico involving their land claims and immigration. We have provided legal resources to the Tarahumara and Tepehuan Indians in Mexico. Our Law and Policy Program has hosted the United Nations Special Reporter for Human Rights in his conference to assess annual reports from Indigenous leaders from around the globe.
The clinic has developed pro se representation manuals for the Urban Indian population, has drafted cultural and sacred sites protection legislation, and has furnished students to work with the advocates, prosecutors and Attorney Generals staffs of the Tohono Oodham Nation. Students have also been placed as criminal prosecution defenders for the Pascua Yaqui Tribe and have also worked in their Tribal Prosecutors and General Counsels Office. Students have clerked for the Navajo Nation Supreme Court, the White Mountain Apache Tribes courts, the San Carlos Apache Tribe, the Gila River Indian Communitys Tribal Court, and the Pascua Yaqui Tribal Court Judges. We are available on call to assist all Tribal Judges in the Southwest. Clinical students have helped Indigenous communities from Australia, Belize, Canada and Nicaragua. Students have played a role in the development of the Hopi Rules of Civil Procedure and proposed amendments to the Village of Upper Moenkopi's constitution on the Hopi Indian Reservation. We have created manuals for Youth Justice Programs and have developed a comprehensive practitioners guide to the National Historic Preservation Act. We help draft tribal statutes and ordinances, such as an LLC code, a comprehensive land use code, criminal codes, and the like.
Reading Supplements: Photocopies are NOT at the Bookstore. It is available through Professor Hershey or on Forums.
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Dedication to and required hours in pursuit of assigned project. Maintain a log of hours worked and follow the research and assistance protocols established between the Native Nations and the Indigenous Peoples Law and Policy Program.
Attendance: Attendance and participation in all class discussions required in accordance with Section 2-110 of the College of Law Rules and Bylaws. Additionally, two tardies equal one absence.
This course satisfies the Professional Skills curricular requirement.