Advanced Topics in Native American Law (4314) The course provides a more in-depth engagement with topics in the field, including topics on major federal legislation and regulation within and involving tribal governments and populations. Legal issues surrounding American Indian religious freedom, graves protection, cultural property protection, the Indian Gaming Regulatory Act, the protection of tribal children under the Indian Child Welfare Act, environmental regulation, and the jurisdictional issues arising from the Public 280 federal legislation may be covered, as well as other contemporary issues impacting tribal sovereignty. Grading: Letter graded. Credits: 3 Offered: Spring Subject Areas: Native American Law Clinic: Native Law: Tribal Code Drafting (8011) This course may be taken for a minimum of 4 credits with any additional credits subject to the instructor’s approval. The Native Law Clinic: Tribal Code Drafting is available for upper-level students who have taken the pre-requisite Native American Law (formerly Federal Indian Law) course and are interested in Tribal Law. Students in the Clinic will work on various approved legal development projects at the request of tribal governments and organizations. Typical projects include legislative drafting and reform, drafting and amendment of statutes, creation of western-style, traditional, and hybrid dispute resolution processes, and policy document development under the supervision of the instructor. This course is limited to 14 students per semester and is offered as part of Blended Learning. Note: This course is unavailable through online registration. To register, please contact Professor EagleWoman for the application form prior to the registration deadline. Grading: Letter graded Credits: Variable Offered: Spring Categories: Experiential Subject Areas: Native American Law Competition: National Native American Law Student Association (NNALSA) Moot Court (7600) The National Native American Law Students' Association (National NALSA) Moot Court Competition examines issues of importance to the Native American community. Students serve on two-person teams of their choosing. The problem is distributed on or by November 1st of each year, and each team is assigned to write an appellate brief (without any outside assistance) in support of either the appellant or appellee. This brief is typically due on the second Monday in January. Students then participate in the national competition held in late February. Per competition rules, students are required to be active members of the Mitchell Hamline NALSA Chapter to participate. Grading: Pass/Fail Credits: 2 Offered: Spring Subject Areas: Native American Law Indian Child Welfare Act and Child Protection and Adoption Proceedings (6048) This course provides students with an introduction to the federal Indian Child Welfare Act, including its historical context, present day application, and future implications. This important federal statute is applicable to child protection cases (e.g., foster care placement, termination of parental rights) and adoption proceedings involving Indian children. Grading: Letter-graded Credits: 2 Offered: Summer Subject Areas: Native American Law Indigenous Cultural and Intellectual Property (3093) This course analyzes the intellectual property and cultural property rights of Tribal Nations in the United States. The course discusses how Tribal Nations may use federal statutes of general applicability to protect their property interests, and how these federal statutes may fail to protect traditional indigenous knowledge. This course also discusses the federal statutes that have been enacted by Congress to specifically safeguard indigenous cultural and intellectual property, and how Tribal Nations have begun enacting tribal laws governing their own cultural property and traditional knowledge. Grading: Credits: 3 Offered: Fall Subject Areas: Native American Law, Intellectual Property International Indigenous Law (4316) This course will examine the major international organizations and instruments setting forth guidance on Indigenous rights. The course addresses international Indigenous legal principles and the significant conventions, declarations, and conferences that have led to the development of these principles. International Indigenous legal principles will be discussed in the context of US Indian law, Canadian Aboriginal law, Australian Aborigine law and New Zealand Maori law. This course is for students interested in international Indigenous issues, rights frameworks, and law. The final grade will be based on class participation, a presentation and preparation of a paper on a topic selected by the student and approved by the professor. With the professor’s prior approval, students may prepare a “long paper” to satisfy the Advanced Research and Writing requirement. Grading: Letter Credits: Variable Offered: J-Term Categories: Long Paper Subject Areas: Native American Law Introduction to Tribal Law (3010) This course provides a broad overview of the most important issues involved in tribal legal studies, including an overview of tribal governments, the history of tribal court systems, the modern day structure and operations of tribal courts, and tribal criminal and civil jurisdiction. The course addresses the development of tribal common law, the incorporation of tribal custom and tradition into tribal laws and institutions, separation of powers within tribal governments, inter-tribal appellate courts, and implementation of traditional dispute resolution mechanisms such as peacemaking courts. Grades are based on a paper and class participation. Grading: Letter-graded Credits: 3 Offered: Fall Categories: Long Paper Subject Areas: Native American Law Native American Law (4313) Foundational course examining the historical basis for the relationship between tribal governments and the federal and state governments. The course will allow students to explore the cross-cultural fields of Native American Law to include: Indigenous legal principles, tribal law, federal Indian law, and the relationships between Tribal Nations and other governmental entities and systems. Subjects emphasized include civil and criminal jurisdiction, protection of natural resources, tribal gaming, taxation, regulation as applied to American Indians and non-Indians, and the overarching theme of tribal sovereignty. This course is required to start the NALS Certificate. Grading: Exam Credits: 3 Offered: Fall/Spring Subject Areas: Native American Law
