AMERICAN INDIAN LAW, SPRING 2019

LAWW 7662. American Indian Law. 2 Hours.

Study of the domestic federal law of the United States as it applies to Native Americans and tribes. The general concept of tribal self-determination is the unifying theme of the course. Particular topics include tribal sovereignty and government; American Indian civil rights; administration of justice on and off the reservation; American Indian land claims; land, hunting, and fishing rights; water rights; American Indian health, education, and welfare; Bureau of Indian Affairs; state taxation; individual and tribal treaty rights; federal Indian policy; and zoning and environmental controls.

Course Syllabus and Subject Matter Areas and Readings Overview and Sample Exam


Wednesday, January 16 - PowerPoint Slides (Doctrine of Discovery and Definitions)

Johnson v. McIntosh, 21 U.S. 543 (1823), Morton v. Mancari, 417 U.S. 535 (1974)


Wednesday, January 23 - PowerPointSlides (Foundational Sovereignty Cases)

Cherokee Nation v. Georgia (1831), Worcester v. Georgia (1832)




Monday, February 18 (outside written assignment)

Turn in answers to Criminal Law Questions (this constitutes a makeup of class period from January 30)


Wednesday, February 20 (Capstone Criminal Law Practice Discussion)

Guest Appearance - John Young, Assistant Attorney General, Cherokee Nation, bio here. No new readings.


Wednesday, February 27 (Tribal Property Law) PowerPointSlides

Lonewolf v. Hitchcock (1903), Hodel v. Irving (1987)

Federal Statute: Indian Reorganization Act of 1934

Land-into-trust Regulations: 25 CFR Part 151


Wednesday, March 6 (Civil Jurisdiction) PowerPointSlides

Williams v. Lee (1959), United States v. Montana (1981), National Farmers v. Crow (1985)


Wednesday, March 13 continued to March 27 (Civil Jurisdiction and Recognition/Enforcement of Judgments)

PowerPoint Slides for MakeUp Class and PowerPoint Slides for Regular Class Period

Affiliated Tribes v. Wold (1986), Strate v. A-1 Contractors (1997), Mississippi Choctaw v. Dollar General (2016)


Wednesday, April 3 (Indian Child Welfare and Family Law) PowerPoint Slides

Mississippi Choctaw v. Holyfield (1989), Adoptive Couple v. Baby Girl (2013)

Indian Child Welfare Act of 1978




Wednesday, April 17 (Federal Statutory and Regulatory Applicability) PowerPoint Slides

No new readings - continue to review sample exam


Wednesday, April 24 (Recap and Final Review)


Final Exam, April 30 (Law School Room 254, 1:30-3:30 pm)(closed-book)