The University of Montana School of Law

2012 Summer Indian Law
May 29 - July 13, 2012

The University of Montana School of Law invites you to the fourth annual American Indian Summer Law Program. Each class lasts one week; you may choose which courses and how many to take. Experts from around the country will teach these courses.

Enrollment for CLE Credit

Lawyers who attend earn 15 CLE credits per course. Names of those attending for CLE credit will be submitted to the State Bar of Montana. In the alternative, attendees can simply self report on their CLE affidavit. Click here for a schedule of courses and CLE credit. Attendance at all sessions is required for full CLE credit.

Any lawyer wishing to attend, who is not already enrolled for academic credit, must pay $375 per 15 credit course to earn CLE credit. Payment can be made on the first day of the course via credit card or check made payable to The University of Montana School of Law.

Courses have a varied numbers of seats open for attorneys. Please see individual descriptions below. To register for a course, call 406.243.6509 or email patience.woodill@umontana.edu. Attorneys may register up to the first day of class.

Enrollment of Law Students, Graduate and Undergraduate Students, please visit the program's home page.

2012 Course Information

Indian Law Research
Professor Stacey Gordon
May 29 - June 1, 2012
Tuesday-Friday, 9 am to 1 pm
Law 611

Approved for 15 CLE credits. $375 registration fee. Unlimited attorney registrations accepted. For additional information on attendance requirements, contact Patience Woodill at 406.243.6509 or patience.woodill@umontana.edu

Because tribes are sovereign governments, the field of Indian Law encompasses distinct legal issues and legal sources. Researching both federal Indian law (the law of the relationship between tribal governments and the U.S. government) and tribal law (the law of individual tribes) requires a different set of tools and research skills than those students are introduced to in a basic legal research course. 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. Students will actively participate in a research assignment throughout the course.

Renewable Energy Development
on Public and Indian Lands
Tod Boling & Patrice Kunesh, Deputy Solicitors, US Dept. of Interior
June 4 - June 8, 2012
Monday-Friday, 9 am - Noon
Law 595 | NAS 595

Approved for 15 CLE credits. $375 registration fee. Unlimited attorney registrations accepted. For additional information on attendance requirements, contact Patience Woodill at 406.243.6509 patience.woodill@umontana.edu

This course will focus on renewable energy projects on public and Indian lands. A special emphasis will be placed on rights of way under the Federal Land Policy and Management Act, and the issues that arise under the National Environmental Policy Act, Endangered Species Act, and the National Historic Preservation Act. The course will also cover related topics about natural resource issues on tribal lands.

Law, Culture & Environment
Prof. Melissa Tatum, Research Professor of Law, University of Arizona
James E. Rogers College of Law
Associate Director, Indigenous Peoples Law & Policy Program
June 11 - June 15, 2012
Monday - Friday, 9 am - Noon, Room 215 Law School
Law 595 | NAS 595

Approved for 15 CLE credits. $375 registration fee. Unlimited attorney registrations accepted. For additional information on attendance requirements, contact Patience Woodill at 406.243.6509 or patience.woodill@umontana.edu

A significant amount of land owned by the U.S. government is held for the benefit of the general public and must be managed in light of that purpose. Managers of federal public lands must balance a number of competing uses, including 1) preserving environmental, historical, and cultural resources; 2) protecting the environment and public health; and 3) accommodating religious practices. This course examines the domestic and international laws that govern this delicate balance. Examples of such laws include the Endangered Species Act, the UN Declaration on the Rights of Indigenous People, the National Environmental Policy Act, the National Historic Preservation Act, and the American Indian Religious Freedom Act. Students will also learn negotiation strategies, as the course will use role play and negotiations as a vehicle for learning and applying the substantive law.

Cultural Property
Prof. Angela Riley, UCLA School of Law
June 18 - June 22, 2012
Monday - Friday, 9 am to Noon, Room 215 Law School
Law 595 | NAS 595

This course explores the identity, ownership, appropriation and repatriation of both tangible and intangible cultural property – those items which are of great significance to the cultural heritage and cultural survival of a people. The course considers the importance of the preservation of cultural property as a means of maintaining group identity, self-determination, and collective rights. It examines both international and domestic law governing these issues, and addresses such questions as: How should cultural property be defined? Can cultural property be protected under the existing intellectual property and cultural property regimes? How can we balance the protection of cultural property against the need or desire for its use in creative expression or scientific advancement? Although the course examines the cultural property of groups in general, it maintains a particular emphasis on the cultural property of indigenous peoples, including folklore, traditional knowledge, burial grounds, sacred sites and ancient ceremonies and traditions.

Indian Gaming
Melissa Schlichting, Staff Attorney
National Indian Gaming Commission
June 25 - June 29, 2012
Monday - Friday, 9 am to Noon, Room 215 Law School
Law 691 | NAS 595

Approved for 15 CLE credits. $375 registration fee. Unlimited attorney registrations accepted. For additional information on attendance requirements, contact Patience Woodill at 406.243.6509 or patience.woodill@umontana.edu

This class will provide students a review of federal statutes, regulations, and case law pertaining to Indian gaming. Students will review legislative initiatives seeking to amend laws affecting Indian gaming, the gaming regulation system, and contemporary issues facing "gaming" tribes. Special emphasis will be placed on Montana tribal gaming concerns.

Economic Development in Indian Country
Prof. Gavin Clarkson
University of Houston Law Center
July 9 - July 13, 2012
Monday - Friday, 9 am to Noon, Room 215 Law School
Law 595 | NAS 595

Economic development for Indian Nations and their citizens is one of the most important topics in Indian law and policy today. Indian gaming gets all the headlines but the grinding poverty and lack of economic activity on reservations is a fact of life for almost all American Indians and their governments. This class will analyze this crucial topic and explore the practical and theoretical issues facing American Indian governments in bringing economic development to their reservations that is profitable, sustainable, and culturally appropriate.

For more information about the Summer Indian Law Program, contact:

Program Director, Jim Taylor
406.243.2988
jim.taylor@umontana.edu

Professor Stacey Gordon
406.243.6808
stacey.gordon@umontana.edu