Federal Indian Law (Struve)
MW 10:30AM - 11:50AM
Tanenbaum Hall 142
This course will explore selected theoretical and doctrinal aspects of the field known as federal Indian law. We will study the historical, conceptual and legal roots of tribal sovereignty; the development of federal doctrines concerning the powers of tribal governments; and the current state of federal law concerning tribal legislative, executive and judicial authority. Attention will be given to the division of authority among tribal, federal, and state governments, as well as to questions concerning possible tensions between governmental powers and individual rights. We will consider a number of current issues, which may include land claims; gaming; family law; economic development; religious and cultural rights; and natural resources. The course is open both to Penn Law students and to students enrolled in other Schools at Penn; students who are not enrolled in the Law School will be strongly encouraged to take the course on a “pass/fail” basis if permitted by their home Schools or departments.
Constitutional Law Learning outcomes: Demonstrate a core understanding of constitutional law; Perform legal analysis in the context of constitutional law; Communicate effectively on topics related to constitutional law; Demonstrate an understanding of constitutional law affects other areas of law.
Courts and the Judicial System Learning outcomes: Demonstrate a core understanding of both substantive and procedural issues in the operation of our legal system; Perform legal analysis in the context of procedural issues and the judicial process; Communicate effectively on topics related to procedure and the judicial process; Demonstrate an understanding of how procedural issues and the judicial process affect all other area of our legal system.
Criminal Law and Procedure Learning outcomes: Demonstrate a core understanding of criminal law and procedure; Perform legal analysis in the context of criminal law and procedure; Communicate effectively on topics related to criminal law and procedure; Demonstrate an understanding of the role criminal law and procedure play in society and their impact on other areas of law and society.
"American Indian Law: Native Nations and the Federal System" by Goldberg, Tsosie, Clinton & Riley