LL.M. in Indigenous Peoples Law

Credits: 2

Course Description: This course traces the development of British colonial and federal policy towards Indigenous peoples in North America from the seventeenth century through the present day. The course focuses on the major policy initiatives of the 19th, 20th, and 21st centuries, including Removal, Allotment, Reorganization, Termination, and Self-Determination. At the completion of the course, you will have gained a better understanding of major events in the history of federal Indian law and policy, which will allow you to contribute meaningfully to current policy discussion and formulation.

Credits: 3

Course Description: This course provides an overview of the history of U.S. Native American policy and the basic doctrines of Indian law. Topics covered include:

• Tribal rights to land
• Land use
• Environmental protection in Indian country
• Economic and natural resource development issues (including grazing, minerals, timber, and taxation)
• Hunting and fishing rights
• International perspectives on Indigenous resources

Credits: 3

Course Description: This course traces the development of the rules governing the exercise of criminal jurisdiction in Indian country by the federal, state, and tribal governments. You will examine historical treaties, major federal statutes, and U.S. Supreme Court decisions.

Credits: 3

Course Description: In this course, you will consider the impact of tribal, federal, and state laws and policies on Native American religions and cultures. This course covers:

• The history of federal policy and its effect on cultural and religious practice
• Issues relating to tribal interests in, and jurisdiction over, Indian religions and culture
• Laws and policies related to the preservation, restoration, and destruction of sacred sites
• Laws, practices, and beliefs pertaining to species protection, sacred species, institutionalized persons, and entheogens
• Protection of cultural and intellectual resources
• International law as it relates to indigenous religions and culture

Credits: 3

Course Description: The Indian Child Welfare Act, passed by Congress in 1978, remains a controversial law that grants special rights to tribes and the parents of Indian children within state court systems. The requirements of the law raise significant issues for trial courts and often serve as the flashpoint of tribal/state disputes. To understand the conflicts raised by the ICWA, you must understand both the clash of sovereigns and the state laws involving children. In this course, you will learn the basic requirements of the ICWA and the varying ways states have interpreted those requirements.

Credits: 3

Course Description: This course examines the development of international law relating to the rights of indigenous peoples, from the early 20th Century through the present. At the completion of this course, you will have gained an understanding of the international system and major international initiatives relating to the rights of indigenous peoples.

Credits: 3

Course Description: In this course, you will review the legal and political history of federal/tribal relations including the rulings that recognized the use of gaming as a viable economic tool for tribal governments. In addition, this course covers:

• Regulatory roles of tribes, states, and the National Indian Gaming Commission (NIGC)
• Agency statutory interpretations
• Proposals for regulatory changes
• Case law determinations regarding the differences between Class II and Class III gaming
• Techniques of financing and development of facilities

Credits: 3

Course Description: This course will examine civil jurisdiction, the most common area of jurisdictional claims in Indian country. Additionally, this course will cover:

• A historical review of federal and tribal relations
• Tribal recognition
• The scope of Indian country
• Tribal sovereignty
• State and tribal struggles over jurisdiction
• An examination of recent Supreme Court diminishment of tribal authority
• Environmental regulation and the tribal role within the system of cooperative federalism