American Indian Law Program

The American Indian Law Program at Colorado Law

At Colorado Law, we believe that American Indians deserve the very best lawyers and that we have an obligation to train them. Our American Indian Law Program faculty, including the nation’s top scholars and practitioners in the field, offers a full slate of introductory and advanced classes in the field to prepare students for all aspects of Indian law practice, and we now have dozens of successful alumni practicing Indian law in tribal government, federal agencies, and at law firms. Colorado Law graduates are equally prepared to work on impact litigation, economic development, policy advocacy, individual legal services, and tribal governance in Indian law. Our American Indian Law Program also appeals to many students with broader practice interests in natural resources, public lands, property, museum and art law, technology, entrepreneurship, family law, and beyond. Indeed, because American Indian law raises questions regarding the rule of law and legal pluralism, the contours of sovereignty and governance, cross-cultural representation and minority rights, and interdisciplinary study and practice, it offers important intellectual development opportunities for all Colorado Law students.

Drawing from the legacy of some of our earliest alumni, including the famous legal advocate and intellectual Vine Deloria ’70, and our relationship with the Native American Rights Fund, founded by the late Dean David Getches, our approach to American Indian law is deeply grounded in Indian Country. The American Indian Law Program at Colorado Law provides students with opportunities to gain practical experience and serve Indian people and tribes through the American Indian Law Clinic; externships at NARF, the Ute tribes, and Denver Indian Center; and clerkship opportunities at law firms and tribal courts. In conjunction with the Colorado Indian Bar Association and other sponsors, we have a new annual Speaker Series and Conference, allowing Colorado Law to serve as the region’s convening institution for tribal leaders, advocates, scholars and community members to address the most pressing challenges in Indian law and policy.

What distinguishes Colorado Law from other law schools is our unparalleled history and commitment to American Indian law, our top notch-faculty of five full-time professors in the field, and our relationships with tribes and tribal organizations, all of which provide students with a comprehensive, supportive, and rigorous academic experience. Students enjoy a very close relationship with our American Indian Law faculty who mentor students through research and scholarship opportunities, pro bono work, and a fellowship with the American Indian Law Program. Our Native American Law Students Association (NALSA) is extremely active, with recent top finishes at the National NALSA Moot Court Competition, an annual Fall Harvest Feast, and other educational and social events throughout the year. In all of these ways, American Indian Law is thriving at Colorado Law. We hope you will join us!

American Indian Law Program Full-time Faculty

Colorado Law's full-time faculty are nationally recognized experts in American Indian Law.

Clockwise: Professor Kristen Carpenter, Professor Richard Collins, Professor S. James Anaya, Professor Charles Wilkinson, Carla Fredericks, and Professor Sarah Krakoff.

• Professor Kristen Carpenter is Council Tree Professor of Law and Director of the American Indian Law Program. Professor Carpenter writes in the areas of American Indian Law, Property Law, Religion, and Human Rights and her articles have been published in the Yale Law Journal, California Law Review, UCLA Law Review, American Indian Law Review and others. Professor Carpenter is also active in pro bono work with tribes, including federal appellate cases on sacred sites, peyote, and child welfare matters. At Colorado Law, Professor Carpenter teaches courses in Property, Cultural Property, American Indian Law, and Indigenous Peoples in International Law and is the Faculty Advisor to the Native American Law Students Association. She is also the co-founder of the CU Native American Research Faculty group, a university-wide, interdisciplinary effort that promotes indigenous studies and outreach to Native communities.

• Professor Richard Collins teaches American Indian law courses and seminars as well as basic courses in property and constitutional law. After clerking for a U.S. Circuit judge, he represented American Indians and tribes while working for California Indian Legal Services, Dinebeiina Naihiilna Be Agaditahe (Navajo Legal Services), and the Native American Rights Fund. His work included several cases before the U.S. Supreme Court, including McClanahan v. Arizona Tax Commission.

• Professor Sarah Krakoff is a prior Director of the American Indian Law Clinic and teaches American Indian Law, American Indian Law Seminar, and Civil Procedure. She is also current Chair of the Getches Wilkinson Center's Board of Directors. She has published several articles on American Indian law and natural resource issues. After clerking for a U.S. Circuit Court of Appeals judge, she worked as the Youth Law  Project Director for DNA-People's Legal Services on the Navajo Nation. 

• Professor Charles Wilkinson is considered the leading expert on American West law, history, and society. He is the author of 12 books including Federal Indian Law, the standard law texts on federal public land law and books written for a broader audience. He teaches American Indian and Natural Resources Law. He practiced law with the Native American Rights Fund and has advised the  Departments of Interior, Agriculture, and Justice.

American Indian Law Certificate Program

Colorado Law  offers an American Indian Law Certificate demonstrating the completion of a  concentrated course of study in the legal issues facing Native peoples and American Indian tribes. This Certificate is attractive to legal, tribal, and governmental employers, as well as employers seeking to do  business with tribes and tribal members.

Certificate requirements include: (1) at least 92 credit hours (89 is required for the  J.D.), and (2) at least 18 of the 92 credit hours in designated Indian law and  related courses. Visit Rules of the Law School for complete details. 

To register for the American Indian Law Certificate, please complete the following steps: 

(1) Consult with the Director of the American Indian Law Program (Professor Kristen Carpenter) about your planned selection of courses; 

(2) Complete the registration form when registering for your second year of law school.

Course Requirements:

Required courses after the first year (14 credits):

• American Indian Law I
• American Indian Law II
• American Indian Law Clinic

The Native American Law Student Association

The Native American Law Students Association (NALSA) of CU is a student association of Native American law students as well as non-Native law students interested in Federal Indian Law and Native issues in general.

The purpose of NALSA is threefold:
1. To promote an awareness of Native American issues at the law school and greater CU campus;
2. To develop a community atmosphere for Native American law students;
3. To organize activities that will enrich the law school experience and assist NALSA members in their career development.

Law students can get involved with NALSA by attending monthly membership meetings and joining NALSA's TWEN site on Westlaw. NALSA officers coordinate events to promote awareness of American Indian issues at the lawschool as well as in the United States. NALSA officers also fundraise for those events and act as NALSA representatives at law school and non-law school functions. NALSA members may form committees to fundraise, organize events and compete in National NALSA Moot Court as well as attend the annual Federal Bar Association's Indian Law Conference.

Officers 2022-2023

Past Activities

Every year in September, NALSA hosts a social for the incoming students to meet the current NALSA membership. In early November, NALSA also sponsors the Fall Harvest Feast, a Native American community potluck for law students, members of the Colorado Indian Bar Association (CIBA) and Native American community members. NALSA has also participated in National NALSA Moot Court, the Federal Bar Association's Indian Law Conference, the Denver March Pow Wow, and the annual CIBA Red Rock Ramble fundraiser. In 2009, CU NALSA co-hosted the 17th Annual National NALSA Moot Court Competition with the University of Denver NALSA Chapter (the event was held at the Wolf Law Building).

Student Opportunities 

Externships

Students serve as  externs with local Indian law firms, non-profit entities serving the Native  American community such as the Native American Rights Fund and Intertribal Council on Utility Policy,  government agencies such as the U.S. Environmental  Protection Agency Tribal Programs, and the Southern Ute Tribal Court and Ute Mountain  Tribe.  Students also work under the guidance of Colorado Law faculty on American Indian  and tribal law research issues while providing  much-needed legal work to those most in need.

Scholarships and Fellowships

The Colorado Indian Bar Association vigorously raises funds to provide scholarships to individuals  studying American Indian law at Colorado Law. The American Indian Graduate Center posts fellowship opportunities for law students.

Each year the American Indian Law Program appoints a student or recent graduate as the AILP Fellow to work on program administration, student recruiting, events, research, and pro bono projects in American Indian law.

2019-2020 External Scholarship List for American Indian Law Students

AILP Community Events & News

PAST EVENTS:

The 54th Algonquian Conference - October 20-23, 2022

Check out all our Upcoming Events for Fall 2022!

• NEW 8/16/22!  Download our Colorado AILP Career Guide!
• Wed., Oct. 12 from 6-8 p.m.: Indigenous Youth and Human Rights: An Indigenous Peoples Day Event
  • Click here for more information, including parking info.

EVENT: Stories From The Euchee Reservation (3/14/2022) (PAST)

Please join the American Indian Law Program and the Center for Native American and Indigenous Studies at the University of Colorado Boulder for an upcoming even, Stories From The Euchee Reservation.

Former Muscogee (Creek) Nation Judge Gregory Bigler will be reading excerpts from his upcoming book, Stories From The Euchee Reservation, a reflection on traditional and modern stories from the Euchee Reservation. This event will be hybrid, with in-person attendance in the Wolf Law Garden Level Conference Room and virtual attendance in the AILP Zoom room, CU.LAW/AILP.

Monday, March 14, 2022 from 12 PM - 1 PM
Wolf Law Garden Level Conference Room
Zoom: CU.LAW/AILP.

INFORMATION SESSION: AMERICAN INDIAN LAW CERTIFICATE (2/16/22) (PAST)

The American Indian Law Program will be hosting a virtual Information Session covering important details about the Graduate Certificate in American Indian Law that can be earned alongside your Juris Doctor. AILP Director Kristen Carpenter, Professor S. James Anaya, Visiting Professor Chase Velasquez, and Program Fellow Kevin Miller (c/o '20) will explain the registration process, requirements for earning the Certif icate, how the Certificate sets candidates apart during job searches, and answering questions from attendees.

This Information Session will take place on Wednesday, February 16 (02/16/22) from 6:00 PM to 7:00 PM at cu.law/carpenter.

We will record the session for asynchronous viewing but encourage live participation for anyone with questions they would like answered regarding the Certificate and our program.

ZOOM EVENT: INDIGENOUS PEOPLES AND CLIMATE CHANGE (PAST)

Indigenous Peoples and Climate Change: Preparing for COP26 was a Zoom event featuring Fawn Sharp (National Congress of American Indians President), Kim Gottschalk (Native American Rights Fund Staff Attorney), and Andrea Carmen (International Indian Treaty Council President) to discuss the annual United Nations Climate Change Summit COP26 in Glasgow on Oct. 31 - Nov. 12, 2021.

To view the recording of this panel, please click here.

LUNCH EVENT: Lawyering the Indian Child Welfare Act (PAST)

LAWYERING THE INDIAN CHILD WELFARE ACT: History and Background of the Act and Event Information
Authored by Colorado Law 2L Student Emiliano Salazar (c/o 2023)

Please join the American Indian Law Program and guest speakers Matthew Fletcher and Wenona Singel for a talk on the Indian Child Welfare Act, the petitions challenging the Act currently pending before the Supreme Court of the United States, and the potential ramifications for American Indians and American Indian law if the Act is ruled unconstitutional. The event will take place on October 7, 2021, from 12:00 PM to 1:00 PM in Room 205. Food will be provided, as will takeaway containers to comply with Colorado Law's current restrictions on eating in enclosed spaces. Contact AIL Program fellow Kevin Miller (kevin.i.miller@colorado.edu) for questions. To attend via Zoom, please visit cu.law/AILP on Oct. 7, 2021, at 12 PM MT.

Fletcher is the Foundation Professor of Law at Michigan State University College of Law and Director of the Indigenous Law and Policy Center. He is also a member of the Grand Traverse Band of Ottawa and Chippewa Indians. Singel is an Associate Professor of Law at Michigan State University College of Law and the Associate Director of the Indigenous Law & Policy Center. She is a member of the Little Traverse Bay Bands of Odawa Indians.

The case Fletcher and Singel will be discussing is Brackeen v. Haaland (formerly Brackeen v. Bernhardt) a lawsuit brought by Texas, Indiana, Louisiana, and individual plaintiffs alleging that the Indian Child Welfare Act (ICWA) is unconstitutional. ICWA is a federal law that provides tribal governments with jurisdiction over custody, foster care, and adoption disputes that involve children residing or domiciled within reservation boundaries and children eligible for enrollment as tribal members. From the perspective of many child welfare advocates, ICWA sets the “gold standard” for maintaining children’s connections to family, culture, and community. But others perceive ICWA as a barrier to their interests in making Indian children available for adoption by non-Indians and to state sovereignty over family law matters.

ICWA (25 USC § 1915) was passed in 1978 to reverse and remedy a long history of federal policy breaking up Native families in the name of assimilating Indians into mainstream society, religion, education, and economies. For decades Indian children were removed, even absent abuse or neglect, because child welfare workers, courts, and agencies believed they would be better off with white parents. However, Congressional testimony showed the opposite; both Indian children and their families were suffering psychological and other trauma as a result of the assimilation and adoption policies.

ICWA created a series of safeguards to prevent the unlawful removal of children from their tribal lands and cultural heritage. For example, when an involuntary custody proceeding is initiated involving an Indian child as defined by statute, notice must now be issued and sent to the child’s parents, the child’s Indian custodian, and agents of each tribe in which the child may be eligible for enrollment. If a child falls under the jurisdictional rules of ICWA, the tribe can maintain jurisdiction over the custody determination and exercise authority to prioritize placement with tribally enrolled relatives or foster care providers in the absence of good cause to the contrary.

Professors Fletcher and Singel, who have authored a book on ICWA and its place in the socio-legal landscape of the United States, will be examining the case and its two overarching questions: 1) whether ICWA is unconstitutionally race-based, and 2) whether Congress exceeded its authority by entering the arena of child placement when it authorized ICWA rather than leaving Indian child placement to determination by the states.

The Brackeen plaintiffs claim that ICWA unconstitutionally discriminates against non-Indian parents seeking to adopt Indian children by focusing on race-matching, preventing the children from finding the best possible home. They say this race-based discrimination should be barred by the equal protection clause of the constitution. However, tribes and Indian advocates assert the long-standing rule that Indian status is political versus race-based and does not violate equal protection. This key distinction is at the heart of many Indian policies, such as those relating to education, housing, and healthcare.

As challenges to the ICWA unfold in the United States, the United Nations Declaration on the Rights of Indigenous Peoples provides: "Indigenous peoples have the collective right to live in freedom, peace, and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group." In 2021, a study of the United Nations Expert Mechanism on the Rights of Indigenous Peoples recognized the ICWA as an important measure for advancing Indigenous children’s rights in the U.S.

For additional reading:

Matthew L.M. Fletcher and Wenona T. Singel, Facing the Future: The Indian Child Welfare Act at 30 (2009)

Kristen A. Carpenter and Lorie M. Graham, Human Rights to Culture, Family, and Self-Determination: The Case of Adoptive Couple v. Baby Girl (2014)

Sarah Krakoff, They Were Here First: American Indian Tribes, Race, and the Constitutional Minimum (2017)

Leah Litman and Matthew L.M. Fletcher, The Necessity of the Indian Child Welfare Act (2020)

United Nation Expert Mechanism Study on the Rights of the Indigenous Child under the UN Declaration on the Rights of Indigenous Peoples (2021)

Colorado Law Native American Law Students Association To Host 2022 National Moot Court

The National Native American Law Students Association, in partnership with the University of Colorado Law School, and the CU NALSA Chapter, are excited to host the 30th Annual NNALSA Moot Court Competition in Boulder, Colorado on February 26th and 27th, 2022.

Professor and American Indian Law Program Director Kristen Carpenter will serve as the problem author, and the competition will see teams from law schools around the country visit Colorado Law to argue before a panel of guest judges.

For more information and to stay up to date on news and information regarding this event, please visit the competition's website or contact the 2022 NNALSA Moot Court Administrator directly at nationalnalsa.mootcourt@gmail.com.

NARF-Colorado Law Implementation Project Receives Henry Luce Foundation Grant

Tribal Attorney Chase Velasquez Joins Clinical Faculty as Visiting Professor, Interim Director of American Indian Law Clinic

Chase Velasquez, a tribal attorney with experience at the Navajo Nation Department of Justice and the San Carlos Apache Tribe’s Department of Justice, has joined the University of Colorado Law School as a visiting clinical professor and interim director of the American Indian Law Clinic.

Velasquez is an enrolled member of the White Mountain Apache Tribe. He was raised on the Fort Apache Indian Reservation in northeastern Arizona.

Mark your calendars and join us for a very special webinar series featuring indigenous experts
as well as representatives from the United States Patent and Trademark Office and the
World Intellectual Property Organization.

September 10 and September 24, 2020 at 9-11 A.M. Mountain Time Zone

For more information about AILP's 2019 Conference: Implementing the UN Declaration on the Rights of Indigenous Peoples in the United States, please go to the "2019 Conference" tab. 

American Indian Law Program Newsletters

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Implementing the UN Declaration on the Rights of Indigenous Peoples in the United States

All the information you need to attend this momentous gathering in Boulder, Colorado:

Full Speakers Biographies Here

Livestream at this link: https://cu.law/live  
No login necessary!

In 2007, following decades of advocacy by indigenous peoples, the UN General Assembly adopted the Declaration, acknowledging indigenous peoples’ rights to self-determination, equality, property, culture, and other human rights. The United States, along with Canada, New Zealand, and Australia, have pledged their support for the Declaration, and 148 nations worldwide now accept a set of agreed-upon norms for the just treatment of indigenous peoples.

Walter Echo-Hawk stated that the General Assembly’s adoption of the Declaration is “a landmark event that promises to shape humanity in the post-colonial age.”

The Declaration provides an impetus to redress historic wrongs committed against indigenous peoples and advance the arc of justice. The Declaration sets forth a remedial scheme to address the legacy of land dispossession, physical violence, cultural disruption, economic deprivation, and other harms experienced by indigenous peoples during the experiences of conquest, colonization, and settlement. It will take comprehensive law and policy reform, as well as structural and conceptual change, to begin the process of redress and reconciliation for indigenous peoples in domestic legal systems.

On March 15-16, 2019, the University of Colorado Law School and Native American Rights Fund will host a conference to advance the promises of the UN Declaration on the Rights of Indigenous Peoples and develop a strategy for its implementation in the United States.

We envision this event as a transformative gathering of critical thinkers and committed advocates, toward the true flourishing of indigenous peoples, healing, and justice for all.

Join us for high level discussions on challenges in Federal Indian Law and the role of international human rights in advocacy efforts, workshops on cultural rights, climate change and environmental advocacy, business and entrepreneurship, Indian child welfare, technology and communications, and a special feature on the UN’s 2019 International Year of Indigenous Languages.

Read more about the joint Colorado Law and NARF Project to Implement the UN Declaration on the Rights of Indigenous Peoples in the United States, HERE.

REGISTER HERE
DONATE HERE: Help cover travel costs for Tribal leaders and participants from indigenous communities!
AGENDA HERE

CONTINUING LEGAL EDUCATION CREDITS

*CLE Colorado credits are available only for the following participant categories: Government, Private Sector / Law Firm, CU Alumni, and Non-profit.

Government* --  $60.00
Private Sector / Law Firm* -- $60.00
CU Alumni* -- $30.00
Non-profit* -- $20.00
Public -- $15.00
CU Faculty, Students or Staff -- Free
Speaker -- Free

LOGISTICS

Date, Time, Location
March 15-16, 2019
8:30 AM - 1:30 PM (following day)
Wittemyer Courtroom
Wolf Law Building
University of Colorado Law School
2450 Kittredge Loop Road
Boulder, Colorado

Parking
Parking is limited on campus and generally restricted. Permits are required for Lot 470 and lot 402 five days a week from 7:30 a.m. - 5:00 p.m. There is metered parking available along the south side of Kittredge Loop Road (Lot 415) immediately after the roundabout in front of the Fleming Building. If Lot 415 is full, use Lot 406 or Lot 306. For maps, please click here.
Friday: Metered parking on Lot 415. You can also use Lot 406 or Lot 306.
Saturday: Parking is free in lot 470 and 402.

Lodging
Boulder offers many wonderful lodging options for participants. Below please see information for two hotels that have offered a special rate for conference attendees.

Group rate at the Best Western Plus Boulder Inn (near Colorado Law)
Location: 770 28th Street, Boulder, CO 80303
Online Code:  https://www.bestwestern.com/en_US/book/hotel-rooms.06103.html?groupId=2E2CU0X5
Phone Code: call 800-233-8469 and reference code “AILP @ CU LAW "
Group Rate: $129 for a room with one king bed.
Reserve by: March 1

Group Rate at the Boulderado (Downtown Boulder)
Location: 2115 13^th St. Boulder, CO 80302.
Group Code: 39936
Phone: 303-442-4344.
Group Rate: $189.
Reserve by: February 12

Refund/Cancellation
No refunds will be made for cancellations received after the close of business on Friday, March 8, 2019. If a refund applies, only 95% of registration fee will be refunded to cover processing costs. Substitutions may be made at any time upon notification. Please contact Edyael Casaperalta at edyael.casaperalta@colorado.edu with cancellation or substitution requests.

WITH THANKS TO OUR COLLABORATORS, PARTNERS, AND SPONSORS

Partners
Margaret Choi and Woon Ki Lau 
Newmont Mining  

Friends
Cindy Caditz Lang 

Language Panel Sponsor
CU Presidential Humanities Grant

Crowdfunding Donors
Benjamin Barnes
Gregory Bigler
Kristen Carpenter
Preston Hardison
Charles (Chuck) Howe
Tiara Naputi
Rebecca Sher
Cecile Tio
Jennifer Turner

SESSIONS

Friday March 15, 2019

8:30-8:45 am   Welcome and Opening Remarks         
8:45-10:00       Current Challenges in Federal Indian Law & the Promise of the Declaration
10:15-11:15     The Role of International Law in U.S. Domestic Advocacy and Law Reform
11:30-12:15     Keynote Address and Coen Lecture
                      "Why Do We Need a United Nations Declaration on the Rights of Indigenous
                          Peoples?"
12:30-1:30 pm Luncheon & Fireside
                       “Inspired Action in Indian Country”
2:00- 3:15        Comparative Perspectives on Implementation
3:30-4:45         Self-Determination & Human Rights in the United States
4:45-5:00         Reflections

Saturday, March 16

9-10:30 am       The UN’s International Year of Indigenous Languages 2019 (and Beyond!)
10:45-12:15      Human Rights in Action Workshops
                         A. Technology, Media, and Communication
                         B. Climate Change & Environmental Advocacy
                         C. Cultural Rights (possible breakout on Language Rights)
                         D. Indian Child Welfare
                         E. Business and Human Rights

Lunch & Wrap-Up 12:15-1:30

Questions: Please email AILP Fellow Edyael at edyael.casaperalta@colorado.edu