Printable Version

Fall 2009
6304 American Indian Law - CLARKSON- 33579

Professor(s): Gavin Clarkson (FACULTY)

Credits: 3

Course Areas: Constitutional and Criminal Law 
Energy, Natural Resources and Environmental Law

Time: 10:30a-12:00p  TTh Location: BLB 213 

Course Outline: This 3-credit course explores the principles, doctrines, and texts governing the legal relations between the United States and Indian tribes, the history of federal Indian law and policy, tribal property, treaty rights and sovereignty, congressional plenary power, the trust doctrine, jurisdiction in Indian country, and tribal government. Topics specifically examined in the course include tribal lawmaking powers, gaming and economic development in Indian country, protection of Indian religious rights and cultural property, water rights, fishing, hunting and other treaty-based rights.

Course Syllabus: FEDERAL INDIAN LAW
UNIVERSITY OF HOUSTON LAW CENTER
FALL 2009

Professor Gavin Clarkson
Room TUII 132
(713) 743-3438
E-mail: gclark@uh.edu

Class time: Office Hours:
Tuesdays and Thursdays by appointment
10:30 am – 11:50 am

Course Description

This 3-credit course explores the principles, doctrines, and texts governing the legal relations between the United States and Indian tribes, the history of federal Indian law and policy, tribal property, treaty rights and sovereignty, congressional plenary power, the trust doctrine, jurisdiction in Indian country, and tribal government. Topics specifically examined in the course include tribal lawmaking powers, gaming and economic development in Indian country, protection of Indian religious rights and cultural property, water rights, fishing, hunting and other treaty-based rights.

Class Preparation/Reading Assignments

A list of assignments for the full semester (subject to change) follows. Most reading will be in Getches, Wilkinson & Williams, CASES AND MATERIALS IN FEDERAL INDIAN LAW, 5TH ED. (West, 2005). We will cover approximately one assignment per eighty-minute class. Students should be prepared for at least one full assignment beyond the material covered in the previous class. Please note that an advance assignment will not always completely track what we are able to cover in class on a specific day, as inevitable delays can occur in the course progression. Therefore, you must go to class and pay attention to find out where we are in the readings and to keep abreast of any adjustments to the earlier assigned readings as necessary. If you are unable to attend class for any reason, you are responsible for finding out where the class is in the readings. Also, if you are unable to attend class for any reason, you are responsible for determining what specific assignments were announced and/or handouts distributed.

Attendance:

You are expected to attend at least 80% of the overall classes in accord with the Law Center’s 80% attendance rule. Failure to attend at least 80% of class sessions constitutes grounds for dismissal. For all classes, please try to arrive on time. I reserve the right to adjust a student’s final course grade downward for general poor attendance or habitual lateness.


Tentative Syllabus
Federal Indian Law
Fall 2009
Prof. Gavin Clarkson

I. Foundations of Indian Law
1. pp. 1-37 The continuing relevance of tribalism and tribal sovereignty in the contemporary United States.
2. pp. 39-71 Crusading-era, Spanish, and English colonial influences on U.S. Indian law and policy. The doctrine of discovery and Johnson v. McIntosh.
3. pp. 72-112 The treaty tradition in Federal Indian Law. Cherokee Nation v. Georgia.
4. pp. 112-139 Worcester v. Georgia. US v. Washington, Winans. The reserved rights concept and the canons of construction.
II. Shifting Indian Policy
5. pp. 140-176 Crow Dog, Kagama, and Sandoval. The development of the congressional plenary power doctrine and the 19th century Supreme Court’s conceptualization of the guardian/ward relationship. The Allotment policy.
6. pp. 176-216 The Indian Reorganization Act. Termination, Menominee, and the canons of construction in Indian treaty interpretation.
7. pp. 216-256, 917-927 Self-Determination and Morton v. Mancari. Rice v. Cayetano.
III. The Federal Tribal Relationship
8. pp. 257-288 Tribal property interests, Montana. Tee-Hit-Ton. The Indian Claims Commission.
9. pp. 295-340 Oneida. Congressional plenary power and treaty rights. Treaty abrogation. Dion.
10. pp. 340-376 The trust doctrine. Seminole. Navajo Nation. Cobell. Sioux Nation.
IV. Tribal Sovereignty
11. pp. 377-405 Talton v. Mayes, Wheeler, Martinez, and the sovereign powers of tribes. ICRA
12. pp. 405-455 Kiowa, Williams v. Lee and tribal courts.
V. The Limits of Tribal Jurisdiction
13. pp. 456-492 The definition of Indian Country. Criminal Jurisdiction
14. pp. 488-509 Public Law 280. Bryan
15. pp. 510-541 Oliphant, Lara, Montana (again)



VI. Tribal-State Conflicts
16. pp. 542-595 Tax fights. Merrion, McClanahan, Brendale, Collville, White Mountain, Blackfeet Tribe
17. pp. 595-627 Environmental and Civil Jurisdictional disputes. National Farmers Union, A-1 Contractors.
18. pp. 627-678 Nevada v. Hicks. ICWA
VII. Tribal Economic Development
19. pp. 679-722 Natural Resource Management. Challenges of Economic Development
20. pp. 722-737 Cabazon. Indian Gaming Regulatory Act
21. Supplementary Materials Tribal Finance
VIII. Religion and Culture
22. pp. 738-770 Lyng. Cultural Property. NAGPRA
23. pp. 770-772 and Supplement Harjo v. Pro-Football.
IX. Water Rights
24. pp. 773-820 Winters doctrine. McCarran Amendment. Big Horn.
X. Hunting and Fishing Rights
25. pp. 844-889 Mescalero Apache, Winans, Mille Lacs.

Course Notes:   

Prerequisites:  

First Day Assignments: The first day assignment is Pages 1-37 in Getches, Wilkinson & Williams, CASES AND MATERIALS IN FEDERAL INDIAN LAW, 5TH ED. (West, 2005)

Final Exam Schedule: 12/17 9am - noon 117 TU2  SAME  

This course will have:
Exam:
Paper:

Book Requirements:

• (3/18/2009 2:30:44 PM) Title: Cases and Materials on Federal Indian Law, 5th (American Casebook Series)
  Author: David H. Getches, Charles F. Wilkinson, Robert A. Williams
  Edition: 5th Year: 2004 ISBN: 0314144226 Publisher: Thomson West/Foundation Press
   Hardbound.