American Indian Law (LAW-641-001)
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Analyzes and challenges assumptions underlying the major themes in Indian law: that Indian tribes are not juridical entities in international law because their sovereignty is dependent on the United States government; that Indian tribal people have a ward-guardian relationship with the government arising from this dependent status; and that Indian tribal property is justifiably treated differently from other property. In addition to sources of federal law dealing with Indians, the class will examine tribal court opinions and the developing international law regarding rights of indigenous peoples.
Textbooks and Other Materials
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David H. Getches, Charles F. Wilkinson, Robert A. Williams, Jr., Matthew L.M. Fletcher & Kristen Carpenter, Federal Indian Law: Cases and Materials (7th ed. 2017).
First Class Readings
For class 1: I. Introduction p1-43 (skim 1-31, read closely 31-43) Introduction to tribes and different perspectives on Indian law. For class 2: II. Doctrine of Discovery p45-84 Historical influences on Indian law and Johnson v. McIntosh.
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