American Indian Law

3 units

This course will explore the central aspects of federal and international law affecting American Indians. The course will begin by considering the status of Indian nations as sovereign political entities within the United States and examining the legal and political relationships these nations have with the U.S. and the several states. The course will then explore the development of federal Indian law over the past two centuries. Particular attention will be given to the doctrines of tribal sovereignty, self-government, and self-determination; treaty-based rights to land, water, wildlife, and other natural resources; the preservation of Indian languages, cultures, and religions; issues of economic development, including the right of Indian nations to operate gaming enterprises on their reservations; and jurisdictional conflicts between and among the U.S., Indian nations, and the states over authority to regulate the activities of Indians and non-Indians in Indian country. Special consideration will also be given to the evolution and modern status of Indian governments, their laws, and legal systems. The course will conclude with a survey of various international laws and the laws of other nations, including Canada and Australia, as they relate to indigenous peoples. No prerequisites. [BCCCR Requirement: this class contains 5 or more hours of BCCCR instruction.] 3 credits.