Course Schedule

Summer Indian Law

 

2018 Course Schedule

Indian Law Research (Online)

Professor:  Stacey Gordon Sterling, Blewett School of Law
Credits: 1
Dates: June 4 - 8
Time: 9:00 a.m. - 12:00 p.m.

CLE Credits: 13.75 
CLE Fees: $650

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 an additional set of tools and research skills to those students are introduced to in a basic legal research course. In this online 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. 

In this course, students will engage with online written and audio-visual course materials, participate in daily online discussion, complete daily research exercises to enforce skills, and complete a tribal legal history project.

This is an asynchronous online course. Students will have to be online daily to access course materials,  participate in the discussions, and complete the research exercises, but may do so on their own schedule each day.


Mastering American Indian Law

Professor:  Maylinn Smith, Blewett School of Law
Credits: 1
Dates: June 11 - 15
Time: 9:00 a.m. - 12:00 p.m.

CLE Credits: 13.75
CLE Fees: $650

This course looks at fundamental aspects of American Indian law and provides a basic understanding of core Indian law principles, both on the federal and tribal level. The course familiarizes participants with the development of foundational concepts in the area of Indian law and addresses the continuing impact of federal legislation and court actions on tribal governance structures and principles of sovereignty. In addition to providing substantive information on legal principles associated with American Indian law, participants will engage in practical skill building exercises that build upon the substantive materials being covered.

Textbook: Angelique Wambdi EagleWoman, Stacy L. Leeds, Mastering American Indian Law, Carolina Academic Press (2013) (ISBN: 978-1-59460-329-7)


American Indian Children and the Law

Professor:  Kate Fort, Michigan State University College of Law
Credits: 1
Dates: June 18 - 22
Time: 9:00 a.m. - 12:00 p.m.

CLE Credits:  13.75
CLE Fees: $650

American Indian Children and the Law focuses on the specific legal issues facing American Indian children in the United States. Much of the focus will be on the implementation, interpretation, and understanding of the Indian Child Welfare Act (ICWA). ICWA, a federal statute interpreted almost entirely in state courts, applies to all terminations of parental rights if the child involved is an Indian child under the law’s definition. Congress passed this law was passed in 1978 in response to the overwhelming numbers of Indian children in foster care and adopted away from their tribes and families. However, the course will also address issues in state welfare systems, the history of Native children and state actors, and current tribal social service practices. ICWA is a highly-litigated law—most years there are more than 200 appealed ICWA cases across the United States. This class will also discuss practical issues surrounding ICWA practice, including how to avoid extended litigation in the first place both through state-tribal cooperation, and trial strategy. The course will address how to frame ICWA issues on appeal, draft effective appellate briefs, and discuss amicus strategy. The requirements of ICWA benefit vulnerable children who are overrepresented in the foster care system. Ensuring compliance with the law in state court is one way to address persistent disproportionality numbers and resulting racial inequity for American Indian and Alaska Native (AI/AN) children in care.


Designing Effective Governmental Regulations

Professors:  Danna Jackson, Chief Legal Counsel, Montana Department of Natural Resource & Conservation, and Public Administration Professor Sara Rinfret, University of Montana
Credits: 1
Dates: June 25 - 29
Time: 9:00 a.m. - 12:00 p.m.

CLE Credits:  13.75
CLE Fees: $650

Effective government regulations play a critical role in protecting public health, the environment, and our economy, but these benefits depend on widespread compliance with the regulations. This course reviews the economic, behavioral, political, and legal rationale and challenges in developing effective regulations, followed by principles and tools for designing regulations to overcome these challenges. These include how to leverage new developments in monitoring technology, information technology, pollution control, and the behavioral sciences that offer paradigm changes in how we design regulations to drive compliance. Students will read articles and studies, augmented by the instructor’s extensive hands-on experience writing, implementing, and enforcing regulations. The class will use a mix of lectures, discussion, classroom exercises, and student presentations and papers that emphasize environmental regulation but also address programs in diverse fields such as finance, taxes, occupational safety and health, and other fields of student interest.


Alaska Native Law and Policy

Professor:  Matt Newman, Native American Rights Fund
Credits: 1
Dates: July 2 - 6
Time: 9:00 a.m. - 12:40 p.m.

CLE Credits: 13.75
CLE Fees: $650

Alaska is home to 229 Indian Tribes-forty percent of all federally recognized Tribes in the United States. Despite its large tribal population, there is a general misperception among practitioners and students alike as to how Alaska Natives fit into the body of Federal Indian law. The purpose of this course is to provide an introduction to Alaska Native law and policy and will examine how many well-known laws and programs-such as the Indian Reorganization Act, the Indian Child Welfare Act, and the Indian Civil Rights Act-apply in the Last Frontier. The course will also provide an overview of Alaska-specific laws affecting Alaska Native Tribes.


Native Hawaiian Law

Professor:  Melody Kapilialoha MacKenzie, University of Hawai'i at Mānoa, William S. Richardson School of Law
Credits: 1
Dates: July 9 - 13
Time: 9:00 a.m. - 12:00 p.m.

CLE Credits: 13.75
CLE Fees: $650

This course examines the evolution of the rights of Native Hawaiians to land and resources and the important statutes and case law affecting the Native Hawaiian community. The course will particularly examine current cases, statutes, and regulations relating to the political status of Native Hawaiians under U.S. law and the efforts of the Native Hawaiian community in asserting political sovereignty, as well as developments in international law affecting indigenous peoples and, in particular, Native Hawaiians. Areas of study will also include the traditional Hawaiian land tenure system and the conversion to a fee-simple land system (the Māhele), the public land trust (Government & Crown Lands of the Hawaiian Kingdom), the Congressionally enacted Hawaiian Homes Commission Act of 1921 and its current status, and traditional and customary access and gathering rights.


Water Law in Indian Country

Professor:  FACULTY UPDATE:  Kenneth Pitt, Chief Appellate Judge, Crow Tribal Court
Credits: 1
Dates: July 16 - 20
Time: 9:00 a.m. - 12:00 p.m.

CLE Credits: 13.75
CLE Fees: $650

This course starts with an introduction to state, federal and federal Indian water law. Next, it addresses the attributes of Indian reserved and aboriginal waterights that distinguish them from state-based rights and the preemptive role of Congress. It segues to judicial treatment of interactions between state and Indian water law. It touches on the relationship between environmental law and Indian water law as well as recent and pending judicial rulings, and  concludes with a discussion by Montana legislators, Tribal representatives and farmer/ranchers involved in the ten year debate that culminated in the water rights compact between the Confederated Salish and Kootenai Tribes and the State of Montana.


Indigenous Peoples in International Law

Professor:  Kristen Carpenter, University of Colorado School of Law
Credits: 1
Dates: July 23 - 27
Time: 9:00 a.m. - 12:00 p.m.

CLE Credits: 13.75
CLE Fees: $650

Indigenous peoples increasingly look to international law, and especially human rights instruments and institutions, in their efforts to survive as distinct communities with distinct cultures, political structures, and relationships to traditional lands. Accordingly, this course will study aspects of the substance and procedure of international human rights law as it pertains to indigenous peoples, examining these developments through varying perspectives doctrinal and political, pragmatic and critical. Thematically, the course will examine the relationship of human rights to indigenous peoples’ own laws and traditions, the self-determination of states and peoples, and liberal democracy vis à vis other political traditions. More broadly, the focus on indigenous peoples provides a context for reflection on the extent to which international human rights law, with its classic focus on individual rights against the state, successfully addresses minority, group, and intercultural claims in our global society. Topically, students will become familiar with indigenous peoples’ involvement in the human rights movement both before and after WWII, and corresponding developments (drafting of instruments, claims, reports, hearings and cases) in the United Nations, Organization of American States, and other institutions. Particular attention will be paid to the U.N. General Assembly’s 2007 adoption of the Declaration on the Rights of Indigenous Peoples. In addition, the course will focus on the challenges of implementing human rights standards to improve the situation of indigenous peoples in domestic settings, including the United States. We will study contemporary instances – with a focus on lawyering skills in which indigenous peoples have used the international human rights system to address issues in self-governance, land, and subsistence rights, the welfare of children and women, religion and sacred sites, intellectual and cultural property, education, climate change, natural resources, and economic development.


Public Policy and the Tribes

Professor:  Adam BrewerUniversity of Montana
Credits: 1
Dates: July 30 - August 3
Time: 9:00 a.m. - 12:00 p.m.

CLE Credits: 13.75
CLE Fees: $650

This course explores the dynamics of American public policy making by broad examination of the dominant theoretical perspectives in the field of public policy. The course focuses on theories of American policy making but with a specific substantive focus on Native American policy and federal/state policy making targeting indigenous populations in the U.S. including tribes within the State of Montana. Students are exposed to the ideas of major contemporary theories such as Multiple Streams Theory, the Advocacy Coalition Framework, Agenda Setting, Punctuated Equilibrium, the Narrative Policy Framework, and the Social Construction of Target Populations all of which are explored in detail with the practical application of such theory to case studies involving indigenous groups. The bulk of the course will involve students analyzing instances where public policy making directed at indigenous populations led to certain policy outcomes and consequences (both intended and unintended) and what variables (culture norms, attitudes, beliefs, values, and misconceptions) informed such policy. By the end of the course, students should grasp the policy process and be competent in identifying explanations for why public policy makers focus on/ignore indigenous populations.