Tribal Law

This course is about tribal law: The diverse body of law that the 574 American Indian tribal governments within the United States make to govern their citizens, their territories, and--to a limited extent--non-Indians. We will explore the many questions contemporary tribal governments navigate as they engage in everything from rewriting their constitutions to developing infrastructure and rules for local garbage collection. The course begins with a foundations unit focused on tribal government structure and tribal courts. The remainder of the course is a survey of tribal law topics selected by the students from among structural constitutional law, discrimination, fundamental rights, tribal membership, elections, the environment, contract disputes, taxes, gaming, family, crime, and procedure. Each chosen topic will be paired with readings as well as presentations from classmates on their research into a chosen topic in that topic area. Students wishing to write an independent research paper for R-credit should enroll in Section 02 (3 units). Elements used in grading: Participation, In-Class Oral Presentation, Short Written Assignments, Final Paper. Prerequisites: Federal Indian Law - strongly encouraged.