In a historic step toward protecting Indigenous Peoples’ genetic resources and associated traditional knowledge, on May 24, 2024, Member States of WIPO, a specialized agency of the United Nations, adopted a landmark new treaty. Culminating over two decades of negotiations, the treaty requires patent applicants to disclose when they seek to patent inventions that are based on genetic resources and/or traditional knowledge associated with genetic resources. The disclosure requirement is aimed at preventing the erroneous granting of patents based on “prior art” (e.g., the use of plant medicine known to Indigenous Peoples for centuries) and can also help to curb instances of biopiracy by pharmaceutical companies and others who seek to profit from use of traditional knowledge to develop new medications or other products. The treaty, WIPO’s first involving Indigenous Peoples, references the UN Declaration on the Rights of Indigenous Peoples, as well as States’ commitment to achieving the ends of the Declaration. It also includes provisions allowing for Indigenous Peoples’ participation in the treaty’s implementation.
The treaty will enter into force following ratification by 15 countries. Negotiations will continue at WIPO in December 2024, on other potential treaties for the protections for Indigenous Peoples’ traditional knowledge and traditional cultural expressions. The Native American Rights Fund participates in the negotiations on behalf of the National Congress of American Indians.
In the United States, the Constitution recognizes three types of sovereigns: federal, state, and tribal. Each of these sovereign entities possesses the inherent powers of self-government and has the authority to address the social, economic, safety, and cultural needs of their citizens. However, under the mainstream conception of American law, tribal governments are often overlooked. This narrow perspective fails to acknowledge the significant contributions of Native Nations, which play a vital role in shaping the legal landscape of the United States. If we want our students to develop a more comprehensive understanding of America’s laws, we must teach them that the United States is a union not just of fifty states, five territories, and a federal district, but also of 574 unique, federally recognized tribes.
As an integral part of the American legal landscape, tribal law should also be an integral part of the law school curriculum, not only as an elective or specialized topic but integrated alongside federal, state, and local law. Legal research and writing instructors are pivotal in this endeavor. They have the unique opportunity to introduce tribal law within the core first-year curriculum. This approach allows instructors to familiarize students with the presence and relevance of tribal law, preparing them for its application in the various legal scenarios that they will encounter later in their law school and legal careers. We believe that including tribal law in LRW instruction can serve as an important step towards inclusivity in the legal profession. Given that LRW courses are where most law students form their bedrock understanding of legal authority and legal information, these courses present a substantial opportunity to help students understand the U.S. justice system in all its nuance and complexity.
Graduates with an awareness of tribal law will be better equipped to serve tribal communities, recognize and research tribal law issues when they arise, and contribute to the broader legal discourse surrounding Native American rights and interests. They may also increase their employment prospects as knowledge of tribal law may provide an advantage in some positions. This knowledge does not just benefit those working directly with or for Tribal Nations; it is essential for all legal professionals given that tribes interact extensively with federal and state governments, businesses, and individuals. Understanding tribal law empowers legal professionals to effectively address legal issues in Indian Country and contribute to a more inclusive legal system.
This Article will explore the benefits of incorporating tribal law into legal education. Part one presents actionable strategies for the effective integration of tribal law into the legal research and writing curriculum, part two explains the importance and upsides of introducing law students to tribal law research, and part three addresses some of the challenges. Two appendices provide curated lists of resources for further exploration of tribal law.
NABA-DC 2024 Summer Brownbag Series – Open to ALL Students & Recent Grads Interested in Indian Law and Policy Careers in DC
Every summer, the Native American Bar Association – DC organizes events and programs for summer interns working in the field of Indian law and policy. The NABA-DC programs include the Brownbag Program and Mentorship Program. Through each program, interns will be able to meet and engage with attorneys and policy staff currently working in DC on issues impacting Indian Country.
Brownbag Program: The NABA-DC Brownbag Program is for interns working in the field of Indian law and policy. This summer, NABA-DC will host Brownbag events with host offices such as government agencies, law firms, and non-profit organizations. You will get a chance to directly engage with attorneys and policy advisors currently working in DC on issues impacting Indian Country. You will learn about their own personal career paths and the issues they work on each day. If you have any questions about the NABA-DC Brownbag program, please contact nabadcbrownbag@gmail.com. If you are interested in participating in the Brownbag program this summer, sign up here: https://forms.gle/fbpfPGmTC84baoFC7
Mentorship Program: NABA-DC coordinates a mentorship program each summer to give interns working or interested in Indian law and policy a personal networking experience. Interns are matched with professionals working in Washington D.C., with efforts made to find mentors who are working in the same fields the interns wish to enter, enriching the interns’ educational experience in D.C. and connecting practitioners with the next generation of Native leaders. The mentorship program is for interns and professionals who will physically be in D.C. this summer, but the program will consider limited exceptions for virtual mentorship. If you have any questions about the NABA-DC mentorship program, please contact nabadcmentorship@gmail.com. If you are interested in being a mentee this summer, sign up here: https://docs.google.com/forms/d/e/1FAIpQLSeJUxLQ3Od3IYZ0PodZX60lv9vqmpmd6EsvYbIVWckB0-ZW-g/viewform?pli=1
Turtle Talk 
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