Federal Indian Law

Elective Course
Course Number: LAW 648
Credits: 3

This course examines the law that governs the relationship among American Indian tribes, the federal and state governments and those persons who may be subject to tribal jurisdiction. Students will learn about the evolution of federal Indian law from its late 18th century treaty-based origins to its early 21st century era of tribal self-determination. Specific topics for study and analysis include the foundational doctrines of original Indian title; inherent tribal sovereignty; congressional plenary authority over American Indian affairs; and the federal trust duty to protect American Indian lands and rights.

These doctrines' impact on the contemporary lives, resources, cultures, and rights of the american Indian peoples will be evaluated within selected legal frameworks. These areas of analysis include: (a) civil and criminal jurisdiction within Indian country; (b) Indian natural resources law; (c) Indian environmental law; (d) Indian taxation; (e) Indian cultural and religious freedoms; (f) Indian child welfare law; (g) Indian gaming; (h) Indian economic development; (i) Indian reserved water rights; and (j) Indian hunting and fishing rights.