Emerita Professor of Law
B.A. 1970, M.A., 1974, Oklahoma State University
J.D. 1986, Harvard University
Member of the New Mexico and Oklahoma Bars
Gloria Valencia-Weber came to the UNM law school in 1992 to establish the Indian Law Certificate Program, which debuted two years later. Through Valencia-Weber's efforts, along with others, the school's Indian Law program has become one of the top in the country.
Valencia-Weber, a bilingual child of Mexican Indian heritage, enrolled in Harvard Law School after a career that included working for the American Civil Liberties Union, coordinating a diversified students program and teaching psychology at Oklahoma State University. Because Indian Law offerings were scarce at Harvard, she learned much about that area of law on her own.
After two federal judicial clerkships (in district court and for the chief judge of the 10th Circuit), in 1990 Valencia-Weber established the country's first Indian Law certificate program at the University of Tulsa College of Law.
Since Valencia-Weber arrived at UNM, the number of Indian Law course offerings has increased significantly and Indian Law is woven throughout the law-school curriculum.
Her research focuses on the evolution of American Indian Law that includes the customary principles of tribal sovereigns. She has contributed the section on the Indian Child Welfare Act for a revision of the Felix Cohen Handbook of Federal Indian Law. In 2000, she studied the legal experience of the indigenous Maori culture in New Zealand.
In 2002, she stepped down as director of the Indian Law Certificate Program, but continues to teach and be active in the field, despite recently taking emerita status.
She is a member of the Southwest Intertribal Court of Appeals and in 2010 was appointed by President Barack Obama to serve on the national Legal Services Corp. Board of Directors.
This 3 credit hours course examines the multitude of issues involving the immigrants and the law. Starting with the historical origins of the United States immigration law, the course will focus on family and employer sponsored immigration, asylum, naturalization, exclusion, and deportation regulations. The impact of the US Patriot Act will also be explored. Beyond the substantive analysis, the course will address the practical aspects of working as an immigration attorney. Various guests will provide insights into topics ranging from enforcement of regulations to the immigration procedures.
This course examines the power of the Indian tribes and the relationships among tribes, states, and the United States. Emphasis will be given to jurisdictional interfaces and conflicts among the three sovereignties.
This course will cover the basic international law frameworks, instruments, and emerging norms that apply to indigenous peoples. After the basic principles of international law, including customary law, the course moves to indigenous peoples as the subjects and objects of international understandings. Indigenous peoples are acting to change the established norms, going beyond the formalized states of prior relations among nations to recognizing peoples, political entities who are not just another ethnic minority. The course will cover the emerging norms and their formalization including the International Labor Conference Convention 169 (ILO 169) and the United Nations Working Group on Indigenous Populations, Draft United Nations Declaration on the Rights of Indigenous Peoples (UN Draft Declaration). For the comparative scope, we will study laws and cases that (1) invoke the international law to protect the rights of indigenous peoples; and (2) how respective states use and do not use international law in matters involving indigenous peoples within their boundaries. The latter includes cases from Canada, Australia, New Zealand, and other states.
Note: Indian Law (any Indian Law course) is recommended as prior coursework. Students without any Indian Law should talk to the instructor regarding a background reading to be completed prior to the start of the course. Prior international law coursework will be helpful.
The course examines legislation, regulation, treaties, and case law that govern Native American rights. Specific individual and tribal nation rights, as traditional and emerging issues, are studied in a focused manner. Besides legal materials, history as a scholarly discipline and as a legal tool will be covered.
Cohen's Handbook of Federal Indian Law (Nell Jessup Newton, et al., eds., LexisNexis 2005). (CONTRIB. AUTH.)
Santa Clara Pueblo v. Martinez in Indian Law Stories (forthcoming 2011) (Foundation Press)
Stories in Mexico and the United States About the Border: The Rhetoric and the Realities, 5 Intercultural Human Rights Law Review, 241 (2010)
Indian Law on State Bar Exams: A Situational Report, Fed. Law. Mar./Apr. 2007, at 26.
The Supreme Court's Indian Law Decisions: Deviations from Constitutional Principles, 5 U. Pa. J. Const. L. ___ (2002).
Domestic Violence and Tribal Protection of Indigenous Women in the United States, in READINGS IN AMERICAN INDIAN LAW: RECALLING THE RHYTHM OF SURVIVAL (Jo Carillo ed., 1998) (co-authored with Christine P. Zuni).
Observations on the Evolution of Indian Law in the Law Schools, 26 N.M. L. Rev. 153 (1996).
Law School Training of American Indians as Legal Warriors, 20 AM. INDIAN L. REV. 5 (1996).
Shrinking Indian Country, 27 Conn. L. Rev. 1281 (1995).
Tribal Courts: Custom and Innovative Law, 24 N.M. L. Rev. 225 (1994).