⚖️Native American Law

Unit 1 – Federal Indian Law: Historical Foundations

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Unit 2 – Tribal Sovereignty & Federal Trust Relations

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Unit 3 – Marshall Trilogy & Early Native Treaties

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Unit 4 – Federal Indian Policy: Key Historical Eras

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Unit 5 – Jurisdiction in Indian Country: Legal Authority

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Unit 6 – Tribal Governance and Indian Civil Rights

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Unit 7 – Tribal Courts and Justice Systems

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Unit 8 – Indian Land Rights and Resource Management

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Unit 9 – Water Rights and the Winters Doctrine

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Unit 10 – Native American Hunting & Fishing Rights

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Unit 11 – Indian Gaming: Tribal Economic Regulation

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Unit 12 – Indian Child Welfare Act in Family Law

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Unit 13 – Religious Freedom and Cultural Preservation

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Unit 14 – Environmental Law & Tribal Sovereignty

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Unit 15 – Federal Indian Law: Current Issues & Policy

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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 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.

  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.



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© 2024 Fiveable Inc. All rights reserved.
AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.