A firsthand look at federal Indian law

Ben Stringer with Bureau of Indian Affairs sign3L gains experience through internship with Prairie Band Potawatomi Nation

This summer I worked as a law clerk for the Prairie Band Potawatomi Nation in Mayetta, Kansas. The Prairie Band Potawatomi are one of four federally recognized Indian tribes in Kansas, along with the Sac & Fox Nation of Missouri, the Kickapoo Tribe in Kansas, and the Iowa Tribe of Kansas & Nebraska.

The first thing I noticed working in the government office on the reservation was the passion everyone had for their jobs. It was contagious. As the Nation’s law clerk, I worked side-by-side with the Nation’s in-house counsel, Vivien Olsen. I cannot overstate the wealth of knowledge I acquired through observing and working with Ms. Olsen. She taught me many invaluable lessons and gave me the opportunity to take on projects that gave me excellent hands-on experience.

A large portion of my work for the Nation was on Indian Child Welfare Act (ICWA) cases. The ICWA was passed in 1978 after Congress recognized an alarming number of Indian children were being taken from their families and tribes with little cause and adopted to non-Indian families. In the almost 40 years since the ICWA’s passage, there has been great progress, but tribes still face many challenges in these cases. The U.S. Supreme Court has heard only two ICWA cases, meaning much of the ICWA is interpreted and applied differently based upon which state, or even county, the case is heard in. Over the summer I worked on cases in Brown, Douglas, Sedgwick and Shawnee counties, and all four counties treated their ICWA cases very differently.

One of my best memories from my time with the Nation came in the third week of my clerkship. Our case in Douglas County was not progressing as we hoped, and we determined it would be best to seek a transfer to tribal court. In ICWA cases, the tribe can request a transfer of jurisdiction to the tribe’s court unless “good cause” exists to deny the transfer. I was tasked with drafting our motion for a transfer of jurisdiction. The morning of our evidentiary hearing, the judge and the ADA agreed there was no legal basis for objecting to our motion, and the case was transferred without a hearing.

My summer was not limited to handling family law matters. Indian law is an all-encompassing field, and I learned that quickly with the Nation. Over the summer, I assisted in drafting a new Title IV-E code, petitioned the Kansas Judicial Council to amend the state’s pro hac vice admission rules, met with state officials about current and future tribal-state relations, helped create business licensing notices and handled probate matters. There was never a dull moment with the Nation, and I could stay fresh on all sorts of legal issues.

After my summer with the Prairie Band Potawatomi Nation, I am confident and passionate in my desire to represent tribes. Many students enter law school hoping to save the world, but we often forget about the people in our own backyard who need help. I encourage every KU Law student to visit the Prairie Band Potawatomi Nation’s reservation at some point during their three years at Green Hall, and to take at least one tribal law class. You will not regret the experience, and you may just find a new career path.

— Benjamin Stringer is a 3L from Jacksonville, Florida.

Crusading for the planet

KU Law 3L John Truong at Earthjustice

3L takes on polluters, habitat destroyers through environmental law internship

When people ask what kind of work I did this summer at Earthjustice, I tell them it was like being one of Captain Planet’s planeteers: battling villains that breathed smog, slung sludge and stomped on cute, defenseless endangered species. But unlike the cartoon, these problems didn’t resolve in 30 minutes. Instead, Earthjustice has been defending the environment, and the communities dependent on it, for over 40 years and counting. This summer, Earthjustice gave me the opportunity to fight alongside them. From its team of experienced lawyers, I learned about the intricacies of international environmental law and policy, connected with current events around the world and awakened a deeper appreciation for the threatened environment Earthjustice lawyers strive to protect.

At Earthjustice’s headquarters in San Francisco, I clerked for its International Program with two other third-year law students, addressing environmental issues on a global scale. My work took me on a metaphorical journey around the world to countries like Indonesia, Australia, Mexico and more, each facing their own environmental issues and each having their own environmental laws, policies and jurisprudence to learn. The diversity and depth of the work may have been intimidating at first, but under the diligent guidance of the International Program attorneys, we managed to quickly understand and address these complex issues. The attorneys constructively challenged our research, investing time to sit with us one-on-one and give feedback on our work ― line by line and word by word ― with the intent to help us grow and develop our skills as lawyers.

More than just handing out assignments, Earthjustice took care to give its interns and clerks an opportunity to learn of all its endeavors. The organization arranged a number of brown bag lunches for us to hear from attorneys in offices across the country about their work. Whether in Seattle protecting marine life, in Denver challenging reckless fossil fuel development or in New York City defending farmworkers from harmful pesticides, Earthjustice attorneys shared their diverse experiences with incredible vigor and were open to any questions we had for them. The International Program team invited us into meetings and gave us a platform to help brainstorm ideas, contribute to strategy sessions and share how we felt Earthjustice should proceed in the future. In every way, the attorneys treated us like colleagues rather than “just interns,” respecting our ideas and appreciating our contributions.

Beyond work, the attorneys also treated us like friends. They planned a hiking day out for us, giving us an opportunity to appreciate the environment we work to protect and spending time getting to know each other. Every two weeks we shared communal office lunch, homemade by one of the International Program staff. As our clerkship came to an end, we were invited into one attorney’s home for dinner as a final farewell. This experience taught me more than just skills to be a great lawyer. Seeing how Earthjustice’s team worked and communed so passionately for a cause so significant for our world inspired me to do more than just work for a good cause, but to do so in a manner embodying the care and passion demonstrated by the team at Earthjustice.

― John Truong is a 3L and KU Law Student Ambassador from Wichita, Kansas.

Alumna selected for prestigious health policy fellowship

Trinia Cain Health Policy Fellowship

A 2009 KU Law alumna has been selected for the 2017-2018 Robert Wood Johnson Foundation’s Health Policy Fellows Program, one of the nation’s most prestigious learning experiences at the nexus of health, science, and policy.

Lt. Cmdr. Brutrinia Cain, senior policy adviser in the Office of the Surgeon General, Division of Commissioned Corps Personnel and Readiness, U.S. Department of Health and Human Services, will spend a year in Washington, D.C., working on health-related legislative and regulatory issues with members of Congress and the executive branch. She will also engage in seminars and discussions on health policy and participate in leadership development programs.

“I am incredibly humbled, excited and honored to have been selected for this year’s fellowship class,” Cain said. “I look forward to using everything I experience to deepen my expertise in health policy and the legislative process, and to become a stronger leader.”

Fellows were chosen in a national competition for highly accomplished health, behavioral and social science professionals who have an interest in health policy. Their experiences in Washington will enrich their understanding of federal policy formation and how federal and state governments relate to the mission of their home institutions and local communities.

Read the news release

Bhala shares international trade, Islamic law expertise in New Zealand

Professor Raj Bhala

Photo by Rebekah Robinson.

KU Law students aren’t the only ones who escape Green Hall to gain practical career experience and explore broader horizons during the summer. Our faculty members also take advantage of their breaks to engage in enriching scholarship, faculty development and teaching opportunities in Lawrence and beyond.

Professor and Associate Dean for International and Comparative Law Raj Bhala served as the 2017 New Zealand Research Foundation Visiting Scholar at the University of Auckland in May and June. The competitive program selects one distinguished scholar each year from a worldwide pool of applicants. The visiting professor delivers major public lectures, produces work for the New Zealand Law Review, and teaches in Auckland’s intensive international LL.M. course.

Bhala at lectern.

Prof. Bhala speaks on China and India trade policy.

“Given the competition, luminaries who have been selected in the past, and prominence of the LRF, my first response when I heard the news was, ‘Wow, this is manna from Heaven!’” Bhala said. “The LFR holds a very high status in New Zealand.”

During his time in Auckland, Bhala spoke on the World Trade Organization, the Trans Pacific Partnership, Islamic legal interpretation, China and India trade policy, and Islamic finance, and led a workshop exploring the interpretation of international legal texts using literary theory. “At each event, the questions and comments were excellent,” Bhala said. “Many came from perspectives not normally heard in an American setting.”

Bhala’s work also captured the attention of New Zealand media. His Radio New Zealand interview explored Islam-friendly finance, while a profile in the New Zealand Listener shared his perspective as a Catholic Indian-American teaching Islamic Law in Kansas.

Bhala znd Zainab Radhi

While in New Zealand, Bhala connected with Zainab Radhi, SJD’15. Radhi is developing an international trade consultancy and works on refugee resettlement issues in New Zealand.

Ranked among the top 50 law schools in the world, the University of Auckland attracts students from the Asia-Pacific region and beyond. Bhala’s International Trade Law course included LL.M. students from Papua New Guinea, Pakistan, India, Norway, Netherlands, Indonesia, Thailand, Korea, China, Russia, and New Zealand.

International programs help build KU Law’s global profile and build ties with leading international institutions.

“At KU Law, we have first-rate programs that add considerable value to the life and career of a law student from overseas,” Bhala said. “With a targeted admissions class size of about 105, our students from overseas count within this figure, meaning that continuing to attract overseas students can help us focus on the best and brightest American students.”

Exploring immigration and asylum policy at UNHCR

Interning at UNHCR, the UN Refugee Agency, seemed like a hopeless goal a year ago, but it became a reality this summer. Thanks to KU Law’s Career Services Office, I attended the Equal Justice Works Conference in Washington D.C. this past October. During this trip, I met KU Law alumni working in Washington and interviewed with the UNHCR and other non-governmental organizations. A few days later, I received a summer internship offer from the UNHCR and immediately accepted it.

My interest in UNHCR stems from my background. I am a dual citizen of the United States and Mexico and grew up in a border town. My background invested me in immigration issues, which ultimately pushed me to attend law school in hopes of becoming an immigration lawyer. I’ve worked in immigration law firms, the Mexican Consulate and the Executive Office for Immigration Review. International exposure seemed like the obvious next step.

Historically, the admission of refugees was not always a partisan issue, but the new administration has made it contentious. Whether it’s dealing with the admission of Syrian refugees or looking for solutions to handle the humanitarian crisis in the Northern Triangle, Congress can’t seem to agree on solutions. Washington’s current political climate makes working for the UNHCR’s U.S. Protection Unit quite exciting.

Garcia and UNHCR High Commissioner Fillipo Grandi.

Garcia with UNHCR High Commissioner Fillipo Grandi.

Part of my work has consisted of monitoring legislation addressing asylum and immigration policy in Congress. I have attended House Committee and Senate Subcommittee hearings to keep track of lawmakers’ debates and developments relating to issues of concern. I work with other staffers to better inform lawmakers about the role of international law. I assist affirmative and defensive asylum seekers within the United States by explaining the process and providing evidence that will help them present their case before an Immigration Judge.

I have prepared memoranda concerning United States’ ratified treaties to analyze how it may affect existing immigration/refugee law. I work closely with staffers to prepare amicus briefs before the Board of Immigration Appeals, U.S. Circuit Courts, and the Supreme Court. I hope to extend my responsibilities by working on refugee status determination in the Caribbean Unit.

I am very appreciative of the Public Interest Law Society stipend and Brad Bradley Fund to make this summer possible. I hope to come back to Washington during my last semester of law school through the 6th Semester in D.C. program. While I still don’t know where my career will take me after law school, coming back to Washington seems like a great opportunity to continue working with immigration and asylum policy.

– Arturo Garcia is a 3L from El Paso, Texas.

Building cultural bridges and living in peaceful coexistence

I earned my undergraduate degree in Medinah, the second  most sacred city for Muslims after Makkah. Some of the classes I took in my undergraduate studies included Is­lamic jurisprudence in several schools in Islam, principles of jurisprudence, Islamic law of inheritance, Islamic economics, contracts, judiciary in Islam, Islamic political law, and Islamic education. I earned my bachelor’s degree in 2008 with dis­tinction and honor and then pursued my master’s in Islamic law and graduated in 2013 with distinction and honor. Dur­ing my master’s degree studies, I focused on family law, the criminal code, and financial law. With this background, I now intend to pursue LL.M. and S.J.D. degrees in programs that focus on international trade and other kinds of law includ­ing: contract, tort, constitutional law, criminal law, civil pro­cedure, jurisdiction, administrative law, property, and family law.

My interest in international trade and civil law stems from their significance to the individual as well as the whole society. Investigating these fields will allow me to gain more knowl­edge on the specific laws concerning the rights and obligations among people. Additionally, I would like to dig deeper into these fields because I already have solid background knowl­edge about them from an Islamic perspective. Now I would like to expand my horizons and explore other international laws and law in the United States. To follow my dream and fulfill my goals, I decided to apply to the law school at KU which has a wonderful reputation and is replete with stories of people who have become successful in their careers. I still recall the first moments after I learned that I had been admitted to the KU School of Law; I was more than happy because my dream had come true.

Almohammadi poses with KU Law Dean Stephen Mazza and SJD graduate Sulaiman AlGhafri at KU Law’s 2017 hooding ceremony.

The KU School of Law is the best place for me because of the sense of community the faculty and staff maintain with the students and the school’s dedication in supporting international students. I have found friendly people who are very kind and caring. They have greeted me and made me feel at home. Since classes began, I have “knocked myself out” acquiring more knowledge about the American justice system. I faced many challenges. One of them was reading cases. It was like pulling teeth getting myself to read so many pages in depth every day, to write an accurate and specific memorandum, and to cite from the Bluebook. Fortunately, I have had wonderful, competent professors and classmates who would give the shirt off their back to help me. As time went on, I overcame most of the difficulties I had at the beginning of the semester. I felt more comfortable participating in the class.

I have come to the United States to follow my dreams and to help build a bridge of knowledge, cultural awareness, civil­ity, and respectful communication between the east and the west. When I was in Medinah, I often found myself dreaming of how we could live in peaceful coexistence despite a world full of conflicts between people. Since I have been living in Lawrence, I have had an excitement and curiosity in a new stage of my life. With these experiences, I believe, the answer is yes. With more education and justice, we could live togeth­er in harmony on this planet.

Finally, I would say my slogan in life is what Martin Luther King, Jr. once said, “Law and order exist for the purpose of establishing justice, and when they fail in this purpose, they become the dangerously structured dams that block the fl.ow of social progress.” This powerful quote expresses my perspec­tive on the significant influence of law over any given society. Personally, I strongly believe that law is a crucial pillar ensur­ing the continued existence of modern societies. In fact, law is the key to stability, prosperity, improvement, and-most importantly-peace. People across the world must remember to work together, with respect and love, to pursue this goal.

— Bander Almohammadi recently completed his LL.M. degree at the University of Kansas School of Law and is embarking upon the S.J.D. degree at KU Law. He was born and grew up in Medinah, Saudi Arabia, and moved to Lawrence with his wife and two children to pursue his legal education in the United States. He earned his bachelor and master’s degree from Islam University in Medinah, where he taught as a teaching assistant for several years. Following graduation, he plans to teach and practice in the areas of international trade or civil law. This column originally appeared in the April 2017 Journal of the Kansas Bar Association.