Constitutional Law I and II (for law students); AIS 584 Development of Federal Indian Law and Policy (for AIS and other graduate students).
This course will explore the foundational principles and doctrines governing the legal and political relationship between the United States and Indian tribes. The history of federal Indian law and policy, tribal property rights, congressional plenary power, the trust doctrine, tribal sovereignty, jurisdiction in Indian Country, and tribal government are the major topics covered in the this course.
Req'd: Getches, Wilkinson, and Williams, Federal Indian Law (5th ed. 2004) and case supplement (2008).
Supp: R. Williams, The American Indian in Western Legal Thought: The Discourses of Conquest (1990); Like a Loaded Weapon: The Rehnquist Court, Indian Rights and the Legal History of Racism (paperback, 2005).
Lecture, Socratic discussion, other pedagogical methods developed throughout the course. Students are called on randomly and are expected to participate in class discussions.
|Type of Exam||
Instructor's discretion. Exam format contingent on class size and student-stated preferences. Open book, open notes in-class written exam, take-home, etc., are usual options discussed at beginning of semester.
|Basis for grading||
Final exam and in-class participation.
Federal Indian Law I is a prerequisite for enrollment in the Indigenous Peoples Law Clinic, and Federal Indian Law II and is recommended for students planning to take Indigenous Human Rights.