Montana Law School Summer Indian Law Program

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2015 Course Information

All courses are offered for 1 academic credit.

Indian Law Research

Professor: Stacey Gordon
Dates: June 1 – 5
Days/Times: TBA
Law 611, Sect. 00

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 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. Students will actively participate in creating a tribal legal history throughout the course.

Voting Rights in Indian Country

Professor: Jim Taylor
Dates: June 8 – 12
Days/Times: TBA
Law 000, Sect. 00

The purpose of this course is familiarize students with the voting issues in Indian country. The course will look at problems and remedies under tribal, state and federal systems. Following completion of the course, students will be familiar with voting rights issues and the options for addressing equity in representation issues within Indian country. This course will cover general Voting Rights issues; problems associated with voting rights in Indian country; and legislation and litigation concerning voting rights in Indian country.

Indian Child Welfare Act

Professor: Maylinn Smith
Dates: June 15-19
Days/Times: TBA
Law 691, Sect. 00

This course looks at past federal policies that resulted in the removal of Indian children from their families and led to Congress passing the Indian Child Welfare Act. The course discusses the legal requirements of the Indian Child Welfare Act, various aspects of working with Indian families, potential conflicts with state and other federal laws, and the difficulties in getting compliance with the Act.

Criminal Jurisdiction in Indian Country

Professor: Danna Jackson
Dates: June 22 – 26
Days/Times: TBA
Law 000, Sect. 00

This course provides information about crime and criminal jurisdiction in Indian Country. Topics include an overview of the laws affecting criminal jurisdiction, some of the unique criminal problems affecting Indian Country, traditional methods of resolving unacceptable behavioral problems within tribal communities, and the evolution of current responses to crime within Indian Country. Following completion of the course, students should have a basic understanding of the foundational principles relating to crime and law enforcement in Indian Country.

Indigenous Cultural Preservation

Professor: Maylinn Smith
Dates: June 29- July 3
Days/Times: TBA
Law 000, Sect. 00

This course is to familiarize students with Indigenous cultural preservation issues. Following completion of the course, students should be familiar with various legal and social efforts to promote and protect indigenous cultures around the world. The course will cover general information about impacts of colonization practices on Indigenous cultures; tribal, national and international efforts to addressing cultural preservation; U.S. federal laws and cases addressing cultural preservation issues; and remedies for protecting and promoting indigenous cultures.

American Indian Natural Resource Law

Professor: Del Laverdure
Dates: July 6 – 10
Days/Times: TBA
Law 000, Sect. 00

American Indian Natural Resources is a growing, dynamic, exciting area of the law, involving important resources. The field includes transcendent issues, such as compensation for or restoration of lost resources, as well as pragmatic concerns, such as the ability to site or maintain major facilities, the allocation of water supplies and pollution control. Students will examine the unique contours of natural resource matters that arise in Indian country, specifically focusing on: land, environmental protection, natural resource development and water rights.

Indian Property Law

Professor: Deb Dumontier
Dates: July 13-17
Days/Times: TBA
Law 000, Sect. 00

The purpose of this course is familiarize students with the unique issues relating to Indian lands and rights associated with the land. Following completion of the course, students will be familiar with various aspects of Indian lands and the restrictions and regulations governing these lands. This course will cover general information about Indian lands; regulation of Indian lands; limitations of Indian lands; probate issues; and land consolidation issues.

Constitutional and Code Drafting Issues Related to Indian Law

Professor: Maureen White Eagle
Dates: July 20-24
Days/Times: TBA
Law 000, Sect. 00

The purpose of this course is to introduce students to distinct constitutional issues arising from and affecting Indian country. As extra-constitutional entities, the effect of the federal Constitution in Indian country is unique. The course will look at federalism issues in Indian country and discuss development and interpretation of tribal constitutions and codes. Following completion of the course, students will be familiar with the unusual relationship between tribal nations and the federal Constitution and the challenges associated with drafting constitutions and codes for tribal governments. This course will cover issues related to the Commerce Clause, Equal Protection, the Tenth Amendment and development of tribal constitutions and codes.