Federal Indian Law (Fenton)
Additional Information
Skills Training
Oral Presentations
Expository Writing
Grading
50% Participation,
50% Paper
With Permission of Instructor
Class meets in person.
Course Continuity
Students are encouraged to stay home if you are ill or experience flu-like symptoms. If you miss a class for any reason, it is still your responsibility to make up the work missed.
I offer the following to students who miss class due to illness:
- When you are better, please make an appointment to meet with me and I will review/answer questions about what you missed.
Meeting Times/Location
T 6:40PM - 8:30PM
Silverman Hall 240A
Category
Upper-Level
Credits
2.0
There are 347 federally recognized Native nations in the lower 48, all of which predate the United States. How does the U.S. Constitution’s recognition of these sovereign entities shape the existence of Native governments and peoples today? This course begins to answer that question by surveying a body of federal law that both shields and limits the sovereignty of tribal governments. Together we will explore the legal relationships Native nations have with the federal government, state governments, and individuals. In doing so, we will engage with both the historical development of federal Indian law and the contemporary questions it must address, including questions about tribal sovereignty, property, natural resources, gaming, and civil and criminal jurisdiction.
We will learn collaboratively from one another and hear from Indian law practitioners in a seminar format. Students will be tasked with completing weekly reading assignments and actively participating in our conversations. The casebook is Anderson, Krakoff, and Berger, American Indian Law: Cases and Commentary, Fourth Edition (West), and additional materials (including recent cases and contextualizing articles) will be posted online. In lieu of a final exam, students will be asked to produce comment-length papers, present an outline of their papers to the group, and lead discrete discussions.
Business and Corporate Law Learning outcomes: Demonstrate a core understanding of business and corporate law; Perform legal analysis in the context of business and corporate law; Communicate effectively on topics related to business and corporate law; Demonstrate an understanding of the interconnection between the world of business and finance and that of business and corporate law, and how they affect other areas of law and society.
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.
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.
Perspectives on the Law Learning outcomes: Demonstrate an understanding of how the law affects, and is affected by, the individual course topic; Perform legal analysis in the context of the individual course topic; Communicate effectively on the legal and other aspects of the individual course topic; Demonstrate the ability to use other disciplines to analyze legal issues relevant to the individual course topic, including economics, philosophy, and sociology, as appropriate.
Property and Real Estate Law Learning outcomes: Demonstrate a core understanding of property and real estate law; Perform legal analysis in the context of property and real estate law; Communicate effectively on topics related to property and real estate law; Demonstrate an understanding of how property and real estate law affect other areas of law.
Environmental Law Learning outcomes: Demonstrate a core understanding of environmental law; Perform legal analysis in the context of environmental law; Communicate effectively on topics related to environmental law; Demonstrate an understanding of how environmental law affects other areas of law.
Administrative and Regulatory Law Learning outcomes: Demonstrate a core understanding of administrative and regulatory law and the administrative process, including the role of statutory authorization and work of administrative agencies; Perform legal analysis in the context of administrative and regulatory law; Communicate effectively on topics related to administrative and regulatory law; Demonstrate an understanding of the role administrative and regulatory law play in our legal system and in society as a whole.
Public Interest Learning outcomes: Demonstrate a core understanding of the varied legal aspects of public interest law; Perform legal analysis in the context of public interest law; Communicate effectively on topics related to public interest law; Demonstrate an understanding of how public interest law is connected to and affected by a wide variety of legal and regulatory structures and doctrines.
Textbooks
"American Indian Law: Cases and Commentary" by Anderson, Krakoff, and Berger |