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


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)

Wednesday, February 6 - PowerPoint Slides (Separate Sovereigns Doctrine)

Ex Parte Crow Dog (1883), United States v. Kagama (1886), United States v. Wheeler (1978)

Wednesday, February 13 - PowerPoint Slides (Tribal/Federal Criminal Jurisdiction)

Oliphant v. Suquamish (1978), United States v. Lara (2004)

Federal Statutes: Major Crimes Act, General Crimes Act, Assimilative Crimes Act, Tribal Law & Order Act

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)

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)

Wednesday, March 13 (Civil Jurisdiction cont)

Wednesday, March 27 (Finalize Civil Jurisdiction plus Recognition and Enforcement of Judgments)

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

Wednesday, April 10 (Indian Gaming and Non-Gaming Economic Development)

Wednesday, April 17 (Federal Statutory and Regulatory Applicability)

Wednesday, April 24 (Recap and Final Review)