Because Native American tribes are considered nations by Congress, they maintain quasi-sovereign status and therefore have authority over their own laws, constitution, courts, and affairs. To work for a Native American tribe, attorneys should familiarize themselves with the individual tribe’s legal system and attain knowledge of tribal jurisdiction. Many of the legal disputes that Native American lawyers oversee are jurisdictional issues. The practice of Native American law requires an understanding of these jurisdictional issues in each case and knowing how to raise these claims. As such, tribal attorneys may seek federal support from the Environmental Protection Agency or the Bureau of Indian Affairs.
A significant accomplishment of Native American lawyers is the Indian Child Welfare Act of 1978, which removed federal and state jurisdiction over custody and adoption cases for Native American children or children living on a reservation. Prior to this piece of legislation, it was estimated that 25 to 35% of all Native American children were separated from their families and placed into adoptive families or foster care, and approximately 90% of these children were placed in non-Native American homes.
Law students in the Sustainable Development LL.M. at the University of Washington School of Law are trained in the rule of law and human rights, poverty alleviation, global environmental protection, Indigenous rights, and corporate sustainability. Students may specifically choose to pursue an Indigenous rights concentration track, which prepares them to promote the rights of Indigenous peoples and communities, and how the rule of law and human rights, environmental law and natural resource protection, and economic development applies specifically within these communities. Additionally, interested law students may consider the Tribal Court Clinic at the University of Washington School of Law, or the Regulatory Environmental Law & Policy Clinic if they want to focus primarily on environmental law issues.
Current undergraduate students and others who do not wish to complete their J.D., but who still want to pursue a legal degree may choose to attain a Master of Jurisprudence (M.J.) from the University of Washington. Additionally, current professionals who work within the field of Indigenous rights or those wishing to establish themselves in the field who are unsure of whether they want to commit to a 3-year J.D. program, but believe that legal knowledge would be beneficial to their profession may also choose to pursue the program. The Master of Jurisprudence (M.J.) program offers an Indigenous rights area of focus. Because there are many positions related to Indigenous rights, environmental sustainability, and natural resources usage that do not necessarily require a J.D., but do benefit from knowledge of the legal system, the M.J. is a good fit for those wishing to work with indigenous communities on legal matters without a J.D.