American Indian Law Summer Program

2009 Course Descriptions

Indian Child Welfare Act - Maylinn Smith

This course looks at past federal policies which resulted in the removal of Indian children from their families and led to Congress passing the Indian Child Welfare Act. The course discusses the legal requirements of the Indian Child Welfare Act, various aspects of working with Indian families, potential conflicts with state and other federal laws, and the difficulties in getting compliance with the Act.

Indian Law Research - Stacey Gordon

Because tribes are sovereign governments, the field of Indian Law encompasses distinct legal issues and sources. Researching both federal Indian law (the relationships between tribal governments and the U.S. government) and tribal law (the law of individual tribes) requires a unique set of tools and research skills. In this course, students will learn the skills and sources necessary to research general Indian law issues as well as the very specialized skills and sources used in researching the legal history of a tribe, including reserved treaty rights. The course will cover researching treaties, Indian land claims, statutory and case law, and tribal law.

Tribal Criminal Law & Procedure - Elizabeth Kronk
This course provides information about crime and criminal jurisdiction in Indian country. Topics include an overview of the law affecting criminal jurisdiction, some of the unique criminal problems affecting Indian country, the traditional methods of resolving unacceptable behavioral problems within tribal communities, and the evolution of current responses to crime. Following completion of the course, students should have a basic understanding of the foundational principles of Indian law, as well as a more fully developed understanding of crime and law enforcement in Indian country.

Indian Water Law - John Carter
This course starts with an introduction to state, federal, and Indian water law. It next addresses the unique attributes of Indian reserved and aboriginal water rights. It includes discussion on protection of Indian water rights, state-tribal water disputes, and the premptive role of Congress in Indian Country.

Indian Estate Planning & Probate - Cecelia Burke
This course will focus on the historical policies behind, and the current provisions of, the American Indian Probate Reform Act. In particular, the Act's creation of the first federal Indian probate code, testate and intestate succession rules applicable to federal trust realty and personalty, land consolidation opportunities for individuals and tribes, and tribal probate code development. Additionally, this course will explore estate planning options that individual trust land owners can use to control and distribute their trust lands during their lifetime and through the probate process.

Indian Education & the Law - Danna Jackson
This course surveys federal Indian policy and law related to Indian education, including historical sources for Indian education rights. Special attention will be given to the unique Indian education matters in the state of Montana, including those programs implemented by the state as well as special tribal education programs.

Taxation & Finance in Indian Country - Gavin Clarkson
This course provides an introduction to finance and tax law as it applies to Indian Country. The course will begin with an introduction of the mechanics that tribes can use to access capital and the concomitant legal requirements and impediments. The course will also cover the general principles, historical background, and application of federal and state taxation in Indian Country, including the tribal authority to tax and federal limitations on tribal taxing jurisdiction.