The clinic is part of UCLA Law`s Native Nations Law & Policy Center, a national resource dedicated to supporting Indigenous nations. The Centre works successfully to improve the laws and government institutions of Indian nations while advancing the protection of cultural resources. “The San Manuel Indian Mission Band is committed to improving justice systems on Native American lands in California and beyond,” said Lynn Valbuena, president of San Manuel. “By partnering with UCLA Law School, we can help Indigenous people build legal institutions that are sustainable, equitable, and responsive to the social and cultural needs of our communities.” Students at the Tribal Legal Development Clinic are also engaged in valuable policy work. Last year, students at the clinic developed a “tribal toolkit,” based on the United Nations Declaration on the Rights of Indigenous Peoples, that can be used by tribal leaders to address indigenous and human rights in tribal law. TLDC students worked with the University of Colorado School of Law and the Native American Rights Fund to develop the toolkit designed to support the adoption of the principles of the Declaration, including the right of indigenous peoples to the full enjoyment of all human rights and fundamental freedoms recognized in the Charter of the United Nations and the right to be free from all forms of discrimination. The toolkit is expected to be published as a publicly available document in 2021. “UCLA Law has a tradition of educating law students to lay the foundation for strong, independent systems of government and law in Indian countries,” said Angela Riley, a professor at UCLA Law and director of UCLA Law`s Native Nations Law and Policy Center and UCLA`s dual degree program in Native American Law and Studies. “With this generous gift, our law students will have unique opportunities to work with Native Americans throughout California and beyond, travel to tribal lands, and become legal leaders who will influence tribal justice for generations to come.” The capital injection strengthens both tribes and UCLA law students, who have a unique opportunity to work directly with tribes to draft legislation and establish courts and jurisdictions. TLDC students also work as clerks in tribal courts, including at the Ho-Chunk Nation Supreme Court in Wisconsin. “It was a really positive partnership,” said Lauren van Schilfgaarde `12, director of the San Manuel Band of Mission Indians Tribal Legal Development Clinic.
“Students of tribal law need to understand what it means to apply tribal law, which is binding or persuasive. For example, the U.S. Supreme Court, which otherwise binds all other U.S. courts, does not bind a tribal court. You must be sure of your source of the law. “The clinic welcomes all applications and project proposals from interested tribes. The clinic looks for potential projects that are ripe for student input and that follow a semester period. The benefits are mutual. “Students in our clinic offer free legal services that aim to bring a level of expertise and work that instructors and students have or are developing,” Riley says.
“We can really help tribes build institutions and build capacity in ways that they often couldn`t achieve without our support. Providing these basic services to the tribes is a benefit to them. The clinic director and students will work with different tribes on issues such as juvenile justice, criminal justice, and legal institution building, but will not undertake work related to gambling, land use, or federal tribal recognition. Current projects include developing legal standards with the Yurok Tribe in Northern California, conducting research and writing for the Supreme Court of the Ho-Chunk Nation in Wisconsin, and developing procedures to protect cultural resources and repatriate ancestral remains to California. Known as the San Manuel Band of Mission Indians Tribal Legal Development Clinic Director at UCLA School of Law, the clinic specifically helps tribes create a branch of law tailored to their needs. The clinics` projects included drafting legislation and other government documents, researching and writing briefs for appellate courts, building court infrastructure, and developing educational materials. Previous projects covered a range of topics and included repatriation and protection of cultural resources, family law, restorative justice, civil procedure law, criminal proceedings, community development and more. “We help students think about what writing tribal code would look like. How do you capture intent and a legislative understanding of how all moving parts work together? ” says Angela Riley, a UCLA law professor who directs the Native Nations Law and Policy Center. “And because students work with tribes, it is possible to create more basic draft constitutions, the most visionary and fundamental documents of a system of government.
I joke with my students that so many people come to law school to do constitutional law, but in our clinic you can actually help draft constitutions. Created in 2019 with a $1.3 million grant over five years from the San Manuel Mission Indian Band, TLDC is a truly synergistic partnership through clinical education.
