This two-hour credit, advanced course for second-year and third-year students is designed to provide practical experience in written and oral appellate advocacy focused on the field of Indian law based on current active litigation. This will include review of one or more actual cases pending in tribal, state, or federal appellate courts during the course of the semester and preparation of either moot or actual amicus briefs for such case(s) as well as practice oral advocacy. Overall, this course will help students to refine brief writing and oral argument ability, gain substantive, contemporary knowledge in the field of federal Indian law, and develop strategic skills for appellate advocacy.
The course will meet once a week starting in late February, beginning with a review of one or more pending Indian law cases presenting issues of national significance. This review will consider typical and atypical factual background and specific discussion of the Indian law and other substantive and procedural legal issues involved. Thereafter, students working in teams will research for and prepare complete briefs on appeal for one of those cases in compliance with applicable court rules. Depending on the case(s), issues, timing, and availability of appropriate clients, the briefs will be either moot briefs prepared as if on behalf of existing parties to the appeals or actual amicus curiae briefs to be filed on behalf of identified amicus curiae parties. As appropriate, the students also might speak with and possibly meet attorneys and parties involved in briefed cases. Students also will review, evaluate, and discuss actual briefs filed in the case(s), as available, and prepare for and participate in moot oral advocacy for the case they briefed before judges of the relevant type of court, if possible. If scheduling and location permits, the students also may attend one or more actual oral arguments for cases addressed.
Dan Rey-Bear and Rodina Cave have substantial experience in the fields of Indian law and appellate advocacy, including representation of tribal clients before all levels of federal, tribal, and state courts. Dan Rey-Bear, a board-certified specialist in Federal Indian Law, has argued cases before the Tenth Circuit, the New Mexico Supreme Court, the Court of Federal Claims, and the Courts of Appeals for California, New Mexico, and the Coushatta Tribe of Louisana. He also has served as co-counsel before the United States Supreme Court and multiple times before the Federal Circuit and the Tenth Circuit, and co-authored several amicus briefs filed with the United States Supreme Court. Rodina Cave has co-authored several amicus briefs filed with the New Mexico Supreme Court and the First Circuit. Dan Rey-Bear has previously served as a Staff Attorney for the United States Court of Appeals for the Eleventh Circuit, and Rodina Cave has previously served as a law clerk for the Honorable William C. Canby, Jr. (author of West’s Nutshell on Indian Law) of the United States Court of Appeals for the Ninth Circuit. For more information on their experience, see Nordhaus Law Firm, LLP.