FEDERAL INDIAN LAW I - Fall 2019 - ASU

Federal Indian Law I (3 Credits) - Catalog Course Description
American Indian Nations own 27% of the land within Arizona. This course provides a survey of the political and legal relationship of Native Nations to the United States government. The course provides a historical examination of the treaties and other instruments used to negotiate a political relationship between these separate governments and delves into a comprehensive examination of the legal relationship that developed between American Indian, Alaska Native, and Native Hawaiian peoples and the United States government. The emphasis of this course is on understanding the foundation of the contemporary relationship between Native Nations, the United States government, and the various state governments. Thus, particular attention is devoted to jurisdictional issues, including the framework for determining civil regulatory authority, and civil and criminal adjudicatory authority in Indian Country.

Thursday August 22, Unit 1: Property, Doctrine of Discovery (Slides)

Tuesday, August 27, Unit 2: Foundational Principles (Slides)

Thursday, August 29: Foundational Principles Cont. (Slides)

Tuesday, September 10: Unit 3: Expanding Federal Power, Criminal Jurisdiction (Slides)

Tuesday, September 17: Criminal Jurisdiction Continued

Oliphant v. Suquamish, 435 U.S. 191 (1978)

United States v. Lara, 541 U.S. 193 (2004)

Discuss ICRA Sentencing, TOLA, VAWA and remaining federal statutes 

Tuesday, September 17: Open Office Hours - Book Appt 8-11:30 am

Wednesday, September 18: Open Office Hours - Book Appt 8 am - noon

Thursday, September 24: Unit 4: Plenary Power, Allotment and Territorial Boundaries Lonewolf, Murphy

Tuesday, September 24: Open Office Hours - Book Appt 8 am - 11:30 am

Tuesday, October 1: No Class Scheduled (Study for Midterm Exam)

Thursday, October 3: Midterm Exam During Class Period - 2 hours

Class Dates for the Second Half of Course: 

Tuesday, October 8

Wednesday, October 9: (Open Office Hours - Book An Appt)

Thursday, October 10

Tuesday, October 22

Tuesday, October 29

Tuesday, November 5

Thursday, November 7 (regular class plus noon lecture series)

Tuesday, November 12

Tuesday, November 19

Wednesday, November 20: (Open Office Hours - Book An Appt)

Thursday, November 21:

Content for Second Half of Course:

Unit 5: Modern Tribal Governance: Civil Jurisdiction Williams, Montana, National Farmers, Dollar General

Unit 6: Enforcement of Judgments and Sovereign Immunity Full Faith and Credit, Kiowa, Seminole, Yakima, Cossey

Unit 7: Regulatory Authority, including Indian Gaming Montana revisited, Brendale, Bourland, IGRA 

Unit 8: Family Law including Indian Child Welfare Holyfield, Adoptive Couple v. Baby Girl, New ICWA Guidelines

Unit 9: State and Federal Taxation  

Unit 10: Tribal Economic Development and Business Entities

Unit 11: Reserved for Additional Topics