亚洲AV

Students support tribal nation justice reform in new Mason law program

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Adam Crepelle had just started law school at the time of the 2010 BP Oil Spill in the Gulf of Mexico. As a citizen of the , a historic Native American tribe, Crepelle felt that the consequences of the spill hit home hard.

鈥淭he Houma were getting spilled on quite heavily by BP, and everyone in Louisiana was getting BP money, except the Houma Indians,鈥 he said. 鈥淚 assumed my professors would know how to solve this problem鈥攂ut I quickly realized none of my professors knew anything about Indian law, and I couldn鈥檛 find anyone who practiced Indian law in Louisiana either.鈥

Crepelle took it upon himself to start learning Indian law, he said, and published widely on the subject. Now the assistant professor of law at 亚洲AV is also the director of Mason鈥檚 new Tribal Law and Economics Program (TLEP), which includes a federal Indian Law course and the Tribal Sovereignty Clinic, where students work directly with tribes.

Adam Crepelle stands in the law school's atrium, wearing a black suit and light blue collared shirt with his hands in his pockets. He is wearing dark, thick-rimmed glasses and smiling at the camera.
Adam Crepelle is assistant professor of law and director of Mason鈥檚 new Tribal Law and Economics Program. Photo by听Ron Aira/Creative Services/亚洲AV

What is Indian Law?

鈥淭ribes are separate sovereigns in the U.S. Constitutional order,鈥 said Crepelle, who serves as an associate justice on the 鈥檚 Court of Appeals. 鈥淵ou have the federal government, state governments, and Indian Tribes.鈥

Because the 574 federally recognized tribes are sovereign governments, the presumption is state law does not apply on reservations, Crepelle said.

It鈥檚 a clash over who governs Indian lands, he said.

For example, according to Indian law, to arrest someone you must determine whether the victim and perpetrator are Indians, assess the type of crime, and the status of the land.

鈥淭his causes lots of public safety issues because nobody knows who can arrest who,鈥 Crepelle said. 鈥淟aw and economics study institutions and their efficiency鈥the work of TLEP] is important because federal Indian law is anything but efficient.鈥

Working with Tribes

鈥淪tudents benefit by being a part of this clinic because they get to work with tribes and implement policies that make a change in the real world,鈥 Crepelle said. 鈥淭hey鈥檙e actually helping build institutions, writing laws for a sovereign nation.鈥

Eight students are enrolled in the clinic this semester, Crepelle said, with many working on projects related to tribal court development.

One project aims to implement the Violence Against Women Act (VAWA).

鈥淭he general rule is if a non-Indian beats his Indian wife on a reservation, the tribe can鈥檛 do anything about it,鈥 Crepelle said. 鈥淏y implementing [VAWA], now the tribe can prosecute him for domestic violence.鈥

鈥淔or too long [Indian nations] have been locked out, in many ways, from the opportunities and outcomes afforded to the broader U.S. population,鈥 said Michael B. Miley, a third-year student from Vermont. 鈥淔ederal Indian Law is an important and enlightening class because it precisely elucidated the myriad ways we have arrived at our current status quo.鈥

鈥淎rmed with this knowledge, students鈥re able to better meet, analyze, and resolve specific legal challenges that Indian tribes and tribal governments confront today,鈥 Miley said.

It鈥檚 a unique opportunity for everyone involved.

鈥淲hen else is a law student going to get an opportunity to write a code of civil procedure that will actually go into effect and see real cases?鈥 said James Gray, a second-year law student who鈥檚 drafting code for an Intertribal Commercial Court about on-reservation investments and commercial disputes.

It鈥檚 more than a class assignment; it鈥檚 a responsibility.

鈥淢istakes could negatively impact the tribes and businesses conducting cases in the court,鈥 said Gray, who is working with a judge from the .

Gray said helping tribes use their sovereignty to advance their economies has been rewarding. He has also enjoyed learning from guest speakers, from tribal council members to Indian Law practitioners to former Senate advisors on Indian affairs.

鈥淭he Tribal Law and Economics Program is a really exciting opportunity for the school to grow into a field that law schools have under-invested in,鈥 Gray said. 鈥淚 think there's lots of room to make rapid progress.鈥