After spending the past week in the
Navajo Nation, I am filled with respect for the people of the Navajo Nation for
the abuses they have suffered in the past and for how they continue to fight to
keep alive their history and traditions. I found the Navajo reverence for
nature, family, and morality to be extremely commendable, and I hope to carry
the lessons taught to me by the Navajo Nation with me for the rest of my life.
The Navajo Nation believes that “fundamental law” (which basically boils down
to law of nature) should be given much greater deference than “man-made law”.
At first, I found this distinction to be confusing, until my supervisor
explained that men are fallible and that nature cannot be changed, and
therefore must be considered before any code or regulation. This distinction
really changed my perspective on what is right and what is wrong, and will give
me pause in the future to consider ethics and morality and the impact on nature
when carrying out man-made law.
I spent the week clerking at the
Navajo Nation Supreme Court and working on a labor dispute. After about fifteen
minutes in the office, my supervisor handed me a case file and told me to get
to work on recommending a decision for an appeal from the Navajo Nation Labor
Commission. After my initial apprehension in deciding a case based on a code I
was unfamiliar with, I was struck by the respect given to Navajo employees
through the Navajo Preference in Employment ACT (“NPEA”), which mandates that
employers give employees written notice and just cause for termination, since
employment is treated as a property right in the Navajo Nation. The NPEA
codifies issues of morality inherent in Navajo fundamental law by demonstrating
respect for the individual and the individual’s place in society through
employment law. In the end, I wrote a memorandum decision that I feel
encapsulates the concept of fundamental law by requiring that the statute of
limitations for filing a claim against an employer is linked to the mandatory
written notice of termination, since this action respects both the employee and
the Navajo Code.
Although I learned a great deal
about the law throughout my week at the Navajo Nation Supreme Court, the most
significant aspect of the trip for me was being able to strengthen old
friendships and gain new ones. My supervisors, Michael and LaVerne, were
incredibly kind, hospitable, and knowledgeable, and I am so grateful for the
time they took to teach me about law, Navajo Nation history, and life. I am
also in awe of my incredible colleagues on the trip, who are passionate, generous,
crazy smart, and on their way to changing the world. I feel richer for knowing
all of these people and I feel inspired by them to do my part to make the world
a better place. This week has been one of the best of my life and I am
extremely appreciative of this opportunity.
Erin Mee
Erin Mee
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