OU TRIBAL LAW
who are dealing with the McGirt decision itself or post-McGirt decisions on reservation disestablishment have devoted significant resources to hiring judges , prosecutors , and defense attorneys — the federal government has as well ,” Robertson said .
Robertson noted that the tribes are doing a great job so far with the extra workload , but he echoed Cottrell ’ s concern that they will need help to adjust to the new workload . This is where both Robertson and Cottrell ’ s work as educators , along with numerous other instructors , factors in .
Filling the Void with Education Robertson , who serves as the faculty director for OU ’ s Center for the Study of American Indian Law and Policy , teaches classes in the online Master of Legal Studies ( M . L . S .) program , and said the McGirt case comes up in numerous ways in various classes . In his Criminal Jurisdiction in Indian Country course , he explained that McGirt is an obvious topic , but the case is also applicable in many other classes , such as those involving the Indian Child Welfare Act , Native American family law , federal Indian law and policy and various history courses .
“ A lot of people are in the program because of McGirt at this point . We spend a lot of time helping students understand the practical consequences of the decision ,” Robertson said , adding , “. . . it ’ s the big Supreme Court case , [ in our field ] the biggest of the 21st Century so far . I can ’ t imagine there ’ s a class that someone doesn ’ t ask , ‘ how does McGirt ’ weigh into this ?’”
In addition to increased interest in the online Master of Legal Studies , he said enrollment in a companion program for lawyers , the Master of Law ( LL . M .) is up as well .
“ We ’ ve had a number of practicing lawyers , especially from eastern Oklahoma , enroll in the program so they can get up to speed on how Indian Law works . And everyone needs to know this , because if you ’ re practicing law in Oklahoma , you ’ re practicing on Indian land . And many lawyers have never taken a course in Indian law ,” Robertson said .
And there could be even more interest in these programs if the courts determine that McGirt applies in civil cases as well as criminal cases . Two civil cases are currently pending that could answer this question : one involves members of the Choctaw Nation questioning if the state of Oklahoma can tax them as tribal members who also live in Indian country and work for the Choctaw Nation , and the other is a question of the state ’ s regulatory authority of surface mining in Indian country . Robertson said he would be surprised for the courts to say that land is Indian country for one purpose but not another .
“ I cannot conceive of what the rationale would be for distinguishing between the two types of jurisdiction . If I were a betting guy , I would bet these cases will result in decisions that McGirt applies universally for all areas of federal Indian law ,” Robertson said .
So , if McGirt does eventually apply to civil cases , that will further increase the workload for tribal jurisdictions , and while graduates with law degrees are and will continue to be in demand , other types of degrees and skills surrounding tribal law are in demand as well in the post-McGirt landscape .
With a doctorate in policy studies from University of Maryland and a J . D . from Baylor Law School , Cottrell said he takes a relational approach to how he teaches and addresses policy issues within the Native American Studies major , which involves considering multiple angles . He explained that a lot of the work students produce in his classes resembles his previous professional work for tribal nonprofits in areas of energy and economic development .
“ The work often requires students to think of the economic side , social and cultural needs of the community , and how business interests tie in . It takes a much broader view of what business is and
32 NormanMagazine . com | MAY / JUNE 2022