Federal Indian Law Practicum II

Catalog description

This ongoing clinical course is pursuing a claim against the Department of the Interior under The Judgment Funds Act on behalf of disenrolled members of the Saginaw Chippewa tribe. We have filed a complaint asking the Secretary to perform a non-discretionary action to re-enroll our clients. Because the tribe is not a necessary party we have avoided issues of sovereign immunity, but expect that it may be raised in an attempt to join the tribe. The Department has filed a motion to dismiss and we responded and are awaiting judgment. We will continue to develop strategies that will permit us to go forward regardless of the decision. Student work will entail designing an administrative appeal and preparing documents for a motion for summary judgment. Students will continue gathering and preparing evidence as well as preparing memoranda on the various tactics. The voluminous historical record remains to be fully cataloged and exhibits for the client declarations also remain to be prepared.