Native American Law

Unit 1 – Federal Indian Law: Historical Foundations

Unit 2 – Tribal Sovereignty & Federal Trust Relations

Unit 3 – Marshall Trilogy & Early Native Treaties

Unit 4 – Federal Indian Policy: Key Historical Eras

Unit 5 – Jurisdiction in Indian Country: Legal Authority

Unit 6 – Tribal Governance and Indian Civil Rights

Unit 7 – Tribal Courts and Justice Systems

Unit 8 – Indian Land Rights and Resource Management

Unit 9 – Water Rights and the Winters Doctrine

Unit 10 – Native American Hunting & Fishing Rights

Unit 11 – Indian Gaming: Tribal Economic Regulation

Unit 12 – Indian Child Welfare Act in Family Law

Unit 13 – Religious Freedom and Cultural Preservation

Unit 14 – Environmental Law & Tribal Sovereignty

Unit 15 – Federal Indian Law: Current Issues & Policy

## What do you learn in Native American Law

Native American Law covers the complex legal relationships between tribal nations, the federal government, and states. You'll explore tribal sovereignty, treaty rights, criminal jurisdiction on reservations, and Indian gaming laws. The course digs into historical legal precedents and modern challenges facing Native American communities, including land rights and natural resource management.

## Is Native American Law hard?

Native American Law can be challenging due to its unique blend of historical, cultural, and legal concepts. The course often requires grappling with complex federal statutes and Supreme Court decisions. Many students find it tough at first, especially if they're not familiar with tribal governance. But once you get the hang of the basic principles, it becomes more manageable and super interesting.

## Tips for taking Native American Law in college

1. Use [Fiveable Study Guides](https://fiveable.me/cram-mode) to help you cram 🌶️
2. Create a timeline of major federal Indian law cases and policies
3. Join a study group to discuss complex legal concepts
4. Read "Bury My Heart at Wounded Knee" for historical context
5. Watch the documentary "Tribal Justice" to see modern tribal courts in action
6. Make flashcards for key terms like "plenary power" and "trust relationship"
7. Attend office hours to clarify confusing topics
8. Practice explaining concepts to non-law friends to test your understanding

## Common pre-requisites for Native American Law

1. Constitutional Law: Covers the fundamental principles of U.S. constitutional law and the role of the Supreme Court. It's essential for understanding the legal framework that shapes Native American law.

2. Federal Indian Law: Provides an overview of the legal relationship between the federal government and Native American tribes. This course lays the groundwork for more specialized Native American law topics.

## Classes similar to Native American Law

1. Environmental Law: Explores legal issues related to environmental protection and natural resource management. It often intersects with Native American law in cases involving tribal lands and resources.

2. Human Rights Law: Examines international and domestic legal frameworks for protecting human rights. This course often touches on indigenous rights issues.

3. Property Law: Covers various aspects of property ownership and land use. It's relevant to understanding tribal land rights and reservation boundaries.

4. Comparative Law: Studies different legal systems around the world. It can provide valuable context for understanding the unique status of tribal law within the U.S. legal system.

## Majors related to Native American Law

1. Legal Studies: Focuses on the theory and practice of law, including constitutional law, civil rights, and legal research. Students gain a broad understanding of the legal system and critical thinking skills.

2. Native American Studies: Examines the history, culture, and contemporary issues of indigenous peoples in North America. Students learn about tribal governance, sovereignty, and the impact of federal policies on Native communities.

3. Political Science: Analyzes political systems, institutions, and behaviors. Students study government structures, public policy, and international relations, which are all relevant to understanding tribal-federal relations.

4. Anthropology: Explores human cultures and societies, including indigenous peoples. Students learn about cultural preservation, ethnography, and the social impacts of legal and political systems on different communities.

## What can you do with a degree in Native American Law?

1. Tribal Attorney: Represents Native American tribes or individual tribal members in legal matters. They may work on issues like treaty rights, land claims, or tribal governance.

2. Policy Analyst: Researches and analyzes policies affecting Native American communities. They may work for government agencies, non-profits, or think tanks to develop and evaluate policies related to tribal issues.

3. Environmental Consultant: Advises on environmental issues affecting tribal lands and resources. They may work on projects related to conservation, resource management, or environmental impact assessments on tribal territories.

4. Indian Gaming Compliance Officer: Ensures that tribal gaming operations comply with federal and tribal regulations. They may conduct audits, investigate violations, and develop compliance programs for casinos on tribal lands.

## Native American Law FAQs

1. How does tribal sovereignty work in practice? Tribal sovereignty allows Native American tribes to govern themselves within certain limits. It impacts areas like taxation, law enforcement, and economic development on tribal lands.

2. Can non-Native Americans be tried in tribal courts? In some cases, yes. The jurisdiction of tribal courts has expanded in recent years, particularly for domestic violence cases involving non-Native perpetrators on tribal lands.

3. How do Indian gaming laws affect tribal economies? Indian gaming laws have allowed many tribes to establish casinos, providing significant revenue for tribal governments. This income often funds education, healthcare, and other services for tribal members.

4. What's the difference between federally recognized and state-recognized tribes? Federally recognized tribes have a government-to-government relationship with the U.S. and are eligible for certain federal benefits. State-recognized tribes are acknowledged by individual states but may not have the same rights or benefits as federally recognized tribes.

Native American Studies

1.1 Pre-Columbian Indigenous Legal Systems

1.4 The U.S. Constitution and Early Federal Indian Law

1.2 European Doctrines of Discovery and Conquest

1.3 Colonial-Era Indian Policies and Treaties

2.3 Plenary Power Doctrine and Its Implications

2.1 Concepts of Tribal Sovereignty and Self-Governance

2.4 Evolution of the Trust Relationship

2.2 The Federal Trust Responsibility

3.2 Cherokee Nation v. Georgia (1831)

3.4 Impact of the Marshall Trilogy on Federal Indian Law

3.1 Johnson v. M'Intosh (1823)

3.3 Worcester v. Georgia (1832)

4.2 Allotment and Assimilation Era (1887-1934)

4.1 Removal and Reservation Eras (1830s-1887)

4.3 Indian Reorganization Era (1934-1953)

4.4 Termination Era (1953-1968)

4.5 Self-Determination Era (1968-present)

5.1 Defining Indian Country and Its Implications

5.2 Criminal Jurisdiction in Indian Country

5.3 Civil Jurisdiction in Indian Country

5.4 Regulatory Jurisdiction and Environmental Control

6.1 Tribal Constitutions and Governance Structures

6.2 The Indian Civil Rights Act of 1968

6.3 Tribal Sovereign Immunity

6.4 Membership and Citizenship in Indian Tribes

7.1 Structure and Authority of Tribal Courts

7.2 Tribal Court Jurisdiction and the Exhaustion Doctrine

7.4 Traditional and Alternative Dispute Resolution in Tribal Courts

7.3 Recognition and Enforcement of Tribal Court Judgments

8.1 Indian Land Tenure and the General Allotment Act

8.2 Trust Land Management and Leasing

8.3 Mineral Rights and Energy Development on Indian Lands

8.4 Timber and Agriculture on Indian Lands

9.2 Quantification of Indian Water Rights

9.3 Water Rights Settlements and Negotiations

9.4 Contemporary Challenges in Indian Water Law

9.1 The Winters Doctrine and Reserved Water Rights

10.1 Treaty-Based Hunting, Fishing, and Gathering Rights

10.2 Off-Reservation Rights and State Regulation

10.3 Conservation and Co-Management of Natural Resources

10.4 Contemporary Conflicts and Legal Challenges

11.1 The Indian Gaming Regulatory Act of 1988

11.2 Tribal-State Gaming Compacts

11.3 Economic Impact of Indian Gaming

11.4 Alternative Forms of Tribal Economic Development

12.4 Contemporary Challenges and Legal Controversies

12.3 State Implementation and Compliance with ICWA

12.2 Key Provisions and Requirements of ICWA

12.1 Historical Context and Passage of ICWA

13.1 American Indian Religious Freedom Act and Sacred Sites Protection

13.2 Native American Graves Protection and Repatriation Act

13.3 Cultural Property Rights and Intellectual Property Issues

13.4 Balancing Religious Freedom with Other Interests

14.1 Tribal Environmental Regulation and the EPA's Indian Policy

14.2 Treatment as State Provisions in Federal Environmental Laws

14.3 Climate Change and Its Impact on Tribal Lands

14.4 Environmental Justice in Indian Country

15.1 Tribal Recognition and Federal Acknowledgment Process

15.4 Violence Against Women Act and Tribal Jurisdiction

15.5 Future Directions in Federal Indian Law and Policy

15.2 Indian Health Care and the Indian Health Service

15.3 Education and the Bureau of Indian Education

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