Indigenous Peoples and American Law

Catalog description

The course will focus on the basics of Federal Indian Law, the ever-changing body of case and statutory law and treaties that define the limits and extent of Indian tribal sovereignty in the United States in the late twentieth century. The course will explore the nature and extent of tribal sovereignty at the time of European contact, the changing strategies of the United States in relating to tribes, and the lasting impact of those strategies on current-day tribal communities and their rights of self-government. The course will also explore the role of the United States in protecting tribal sovereignty and tribal resources. It will also examine the powers and jurisdiction of tribal governments with regard to both members and non-members of the tribe, as well as the lack or extent, as the case may be, of state jurisdiction over activities on Indian lands. Students will be encouraged to continually identify and question the legal, political and moral basis of the laws and policies that constitute Federal Indian Law in the United States today. We will also examine the current ALI restatement project for Federal Indian Law.