This course will examine several themes: conflicts over which government has sovereign control over which resources; the role that tribal governments play in natural resource allocation and management; questions relating to ownership of natural resources; changing federal policies relating to natural resources allocation; the role of federal courts, Congress and Executive branches in relation to the trust responsibilities to protect tribal lands and resources; environmental protection, including EPA policy in relation to Indian Reservations; and natural resources development and management. Where pertinent, a comparative perspecive based on Federal Indian Law and International Law principles will also be provided in order to further explore issues of sovereignty, self-determination, land and natural resource rights.
The required text is Native American Natural Resources Law: Cases and Materials by Judith Royster and Michael C. Blumm. As well as other materials that would be posted on Student Forums.
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Participation and discussion - 10% and take-home exam - 90%.
All students are required to attend class regularly, to do the reading before class, and to participate actively. This includes a degree of analytical development regarding issues raised by the reading and not merely a descriptive summary.