web_0363.jpg

Saginaw-Chippewa Disenrollment Clinic

About the Clinic

The Saginaw-Chippewa Disenrollment Clinic 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. The Clinic has filed a complaint asking the Secretary to perform a non-discretionary action to re-enroll its clients. Because the tribe is not a necessary party, the Clinic has avoided issues of sovereign immunity, but expects that it may be raised in an attempt to join the tribe. The Department has filed a motion to dismiss and the Clinic has responded and is awaiting judgment. It will continue to develop strategies that will permit the Clinic 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 gather and prepare evidence as well as prepare 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.

Instructor:

Gerald Torres

It’s incredibly important to defend the rule of law. But it’s also incredibly important that we think beyond the rule of law and how are we going to empower our local communities to ensure that that vision is what our government and our elected representatives are working towards each and every single day.