Tribal Law & Gov't



SLN #: 14531
Course Prefix: LAW-713
Course Section: 001
Credit Hours: 2
Instructor(s): Giff

Course Description:
Tribal Law and Government is a seminar designed to provide a practical and applied overview of the structures and laws that govern Indian tribal governments in Indian country. The seminar surveys tribal governmental organization, cultural and legal aspects of practice within Indian Country, and special issues posed by tribal law. Topics covered include, tribal constitutions, the tribal legislative process, the role of tribal traditions and customs, sources and limitations of tribal law, and the applicability of federal laws and regulations. Readings will include cases, federal statutes, Felix Cohen’s Handbook on Federal Indian Law, and various tribal constitutions and ordinances.

This course will require a solid foundation in Federal Indian Law and students must have taken and completed Federal Indian Law I to participate in this seminar. The seminar will focus on the practical application of the principles of Federal Indian Law in the context of a role play negotiation for a development project within an Indian reservation. The seminar will examine tribal governmental structure, tribal legislative processes, sources of tribal law, and the principles of Indian Self-Determination. In addition, the seminar will cover topics such as sovereign immunity, separation of powers, tribal governmental structures, tribal courts, and tribal governmental regulatory authority.

General Course Requirements:

This seminar will require students to be prepared to discuss the weekly reading assignments. Classroom participation and attendance are mandatory. Each student in the seminar will be required to actively participate in classroom discussions. Any student who misses five or more classes will be administratively withdrawn from the seminar. Each student will be required to develop an agreement and participate in negotiations during the class sessions. Students will be graded on the drafted agreement and on their participation in the negotiation session.

Finally, each student in the seminar must complete a research paper of 15 pages in length on a topic of your choice. You will be required to present the topic of your paper to the class and lead discussion of the topic.

Additional Information:
Credit Hours: 2
Grading Option: Letter Grade Only
Graduation Writing Requirement: No
Flexible Writing Requirement: Yes
Skills Requirement: No
Prerequisite: Federal Indian Law I
Limited Enrollment Number: 12
Final Exam Given: No
Paper or In-Class Presentation: Yes
Attendance Policy: Per Statement of Student Policies
Online Course Site: None