LAW6700 CRN 15176Indian Law

Surveys the law that applies to Native Americans and tribal governments. The course deals primarily with federal law because of the unique relationship between the federal government and tribes, which are sovereign entities, and because federal law controls most Native American activities. The main issues are jurisdictional; that is, they concern the allocation of legislative (or regulatory) and judicial (both civil and criminal) jurisdiction among federal, tribal, and state governments. History has played a crucial role in the evolution of Indian Law; we will examine some of that history early in the course. We will also explore how Congress and the Supreme Court have each molded the law in this area. Other topics may include: family law, hunting and fishing, taxation, gaming, and protection of natural resources and the environment on tribal lands. As it is not possible to cover the entire text in a 3-credit course, students' input will be sought in selecting particular areas to cover.