Indian Law Classes
Federal Indian Law
Federal Indian Law is a survey course introducing students to the special federal statutes and court decisions governing the unique legal status of Indian tribes, Indian individuals, and Indian property. The course provides an overview of the history of federal Indian policy and legal development. It introduces the student to the interpretation of treaty rights; tribal sovereignty; federal, state, and tribal jurisdiction in Indian country; special rules regarding environmental protection of resources of importance to tribes; the disposition on Indian child custody matters; Indian gaming; and other matters of increasing importance to the practice of law in areas such as Washington State where a significant tribal presence exists.
Indian Law and Natural Resources
Indian tribes have traditionally relied upon the natural resources for their personal, economic, cultural and religious well-being. Although ownership and access to those resources has been reduced over time, Indian tribes continue to own, and have rights to, a wide range of natural resources. Tribal management of natural resources have, in some instances, become models of wise use, protection and enhancement. This course will explore the basis for tribal ownership of, and rights to, natural resources; the nature and extent of those rights today; tribal managements of those resources; the interface and conflicts among tribal, state and federal agencies over the use and management of these resources; and the implication of selected federal statutes. Guest speakers will give presentations over the course of the semester.; A paper will be required in lieu of a final exam.
Contemporary Issues in Indian Law
This seminar will explore and analyze the changes that are occurring in Indian law as a result of decisions by the U.S. Supreme Court and statutes enacted by the U.S. Congress. Indian law is among the oldest and most complex areas of federal law. Unlike many other areas of federal law, it undergoes periodic change that reflects shifting federal policies, the conflicts between tribal governments and other units of government and the ever changing economic and social environment both on and off of Indian lands. The course will offer a framework for understanding the changes in Indian law through an analysis of the foundational doctrines of Indian law and the way in which the courts and the Congress are applying those doctrines to shape contemporary Indian law and policy and resolve disputes involving Indian tribes. The content of the course will reflect current developments in areas such as the trust responsibility; protection of cultural resources; religious freedom; taxation; business activities; land status; regulation of the environment; tribal, state and federal civil and criminal.
Tribal Governmental Gaming
This seminar will review the legal, political and social forces that led to the enactment of the Indian Gaming Regulatory Act (IGRA) and examine the implementation of the Act. The course covers all of the major issues involved in IGRA, including: management contracts; the powers of the National Indian Gaming Commission; the classification of various gaming activities; tribal authority over gaming; the role of the states in the regulation of Indian gaming and the determination of where Indian gaming facilities may be located. Requirements for the course include informed class participation and the preparation of a research paper. The Federal Indian Law course is not a prerequisite, but it will be helpful in understanding the concepts involved in IGRA and the issues that have arisen in the implementation of the Act.
Alaska Natives and Environmental Law
Part 1: Alaska Natives under Federal Indian Law
What special rights, powers and immunities do Alaska Natives hold? Is their legal status different from Indian tribes in the lower 48? These questions will be explored as students are introduced to Federal Indian Law concepts such as tribal sovereignty, plenary federal power, immunities from state jurisdiction, fishing and hunting rights and adjudicating the welfare of Indian children. The Alaska Native Claims Settlement Act (ANSCA) will also be touched on in discussing these concepts.
Part 2: Alaska Environmental Law
Alaska is noted for its extraordinary beauty, and for being home to many unique and unusual plants and animals. Large swaths of its land are owned by the federal government, or are held by Native Alaskan tribes. This makes environmental law in Alaska particularly interesting and important. This part of the class will explore environmental issues with a uniquely Alaskan bent, from the environmental impacts and laws concerning the drilling for oil in the arctic tundra (ANWR), to preservation of unique salmon runs and endangered wildlife. The class will begin with a discussion of the Alaskan environment and major issues concerning that environment. The class will then have a review of important environmental laws, paying particular attention to the environmental and natural resources laws that have particular effect in Alaska, such as the National Environmental Policy Act, the Endangered Species Act, and laws governing the use of federal lands. The class will also examine aspects of Administrative Law, International treaties that deal with resource use in Alaska, and laws governing Native Alaskans and Native Alaskan lands that have an effect on environmental law in Alaska. The class will end with a particular focus on the current issues of drilling for oil in the Arctic Wildlife National Refuge, and the future of commercial fishing in Alaska.
Indian Trusts and Estates Clinic
This three credit integrative clinic is open to students who have taken, or are currently enrolled in, the Trusts and Estates course. Students work in teams of two and will represent a low-income Native American person in an estate planning matter involving both their personal property and their interests in federal trust lands in the preparation of wills, powers of attorney and health care directives. Student instruction is held in conjunction with the Trust and Estates Clinic students, with breakout sessions covering the Federal Law and Tribal Probate Codes that govern the estate of the Native American client. In addition, student teams must maintain office hours in the Clinic offices for a total of four hours per week. Office hours must be scheduled on Tuesday, Wednesday, or Thursday between 1 and 8 p.m. This clinic is available as an evening clinic. Prerequisite or co-requisite: Trusts and Estates. Federal Indian Law is recommended, but not required. Students must meet the Law Clinic's conflict of interest rules.
Tribal Government Business Law (Available in 2012)
This course provides students with an understanding of the complex issues involved when Indian tribes exercise their authority as entrepreneurs. The course examines the legal issues that arise in the areas of finance, taxation, dispute resolution, environmental law, labor and employment law, construction law, intellectual property law, insurance, government contracting, corporate structures, energy and natural resources, gaming, due diligence, Sarbanes-Oxley and criminal law. The course is taught by practitioners with extensive expertise as well as a variety of faculty from the law school.
Indian Wills Clinic
The Indian Wills Clinic began in 2006 in an effort to determine if it would be a viable model for providing estate planning services to individuals and to determine if there was interest on the part of law students in this kind of clinical work. Four student positions were allocated to the Indian Wills Clinic from the positions available under the general wills clinic. In the initial year, four students applied for those positions. Thereafter, there has been a waiting list of students for these positions, clearly establishing that there is a significant student interest in the Indian Wills Clinic. At the same time, two Indian clients have been served each semester with the students working in teams of two.
The Indian Wills Clinic provides a viable means of delivering estate planning services to Indian people. It is hoped that it will be expanded and established as a full clinical program and that this model can be carried to other law schools with active clinical programs to provide estate planning services to Indian people at no cost.