Montana Law School Summer Indian Law Program

Montana Law School 2016 Summer Indian Law Program

Sarah M Donnelly

UPDATED: New card with class descriptions.

Download course card here.

2016 Course Schedule

Indian Law Research

Credits: 1 Professor: Stacey Gordon Dates: June 6 – 10 Time: 9:00 a.m. – 11:30 a.m.

CLE Credits: 11.5 (pending) CLE Tuition: $650 CLE Registration: Online

Given that American Indian and Alaska Natives are sovereign governments, the field of American Indian and Indigenous Law encompasses distinct legal issues and sources. Researching both federal Indian law (the relationships between tribal governments and the U.S. government) and tribal law (the law of individual tribes) requires a unique set of tools and research skills . In this course, students will learn the skills and sources necessary to research general Indian law issues as well as the very specialized skills and sources used in researching the legal history of a tribe, including reserved treaty rights. The course will cover researching treaties, Indian land claims, statutory and case law, and tribal law.

Mastering American Indian Law

Credits: 2 Professor: Maylinn Smith Dates: June 13 – 17 Time: 9:00 a.m. – 12:00 p.m., 1:00 p.m. – 3:00 p.m.

CLE Credits: 23.75 (pending) CLE Tuition: $1,300 CLE Registration: Online

This course looks at fundamental aspects of American Indian law and provides a basic understanding of core Indian law principles, both on the federal and tribal level. The course familiarizes participants with the development of foundational concepts in the area of Indian law and addresses the continuing impact of federal legislation and court actions on tribal governance structures and principles of sovereignty. In addition to providing substantive information on legal principles associated with American Indian law, participants with engage in practical skills building exercises that build upon the substantive materials being covered.

Energy in Indian Country

Credits: 1 Professor: Monte Mills Dates: June 20 – 24 Time: 9:00 a.m. – 11:30 a.m.

CLE Credits: 11.5 (pending) CLE Tuition: $650 CLE Registration: Online

This course will trace the history of energy development and related issues in Indian Country, discuss the statutory, regulatory, and other legal issues that arise in that context, and provide participants with background and perspective on the issues currently facing Indian tribes interested in pursuing energy development. In doing so, we will learn more about the social, cultural, and other policy issues faced by tribes when considering decisions about development and examine the federal government’s role in fulfilling it trust responsibilities to Indian tribes engaged in energy-related activities.

Indian Gaming

Credits: 1 Professor: Melissa Schlichting Dates: June 27 – July 1 Time: 9:00 a.m. – 11:30 a.m.

CLE Credits: 11.5 (pending) CLE Tuition: $650 CLE Registration: Online

This class reviews federal statutes, regulations, and case law pertaining to Indian gaming issues. Participants will learn about contemporary issues affecting Indian gaming, the gaming regulation system, and the compacting process. Special emphasis will be placed on Montana tribal gaming concerns.

Supreme Court Jurisprudence and Indian Country

Credits: 1 Professor: Matthew Fletcher Dates: July 5 – 8 Time: 9:00 a.m. – 1:00 p.m. Course Capacity: 30 Students

CLE Credits: 12 (pending) CLE Tuition: $650 CLE Registration: Online

This course will introduce participants to the distinctive constitutional issues arising from and affecting Indian country. The initial portion of the class will cover the legal history of federal Indian law, dating from pre-constitutional times, the Marshall Trilogy, the Plenary Power Trilogy, to the modern era of federal Indian law beginning in 1959. The main portion of the class will address critical modern era cases and their impacts on contemporary tribal governance and Indian affairs.

Indian Water Law

Credits: 1 Professor: John Carter Dates: July 11 – 15 Time: 9:00 a.m. – 11:30 a.m. Course Capacity: 25 Students

CLE Credits: 11.5 (pending) CLE Tuition: $650 CLE Registration: Online

This course provides information about the various aspects of Indian water law and addresses the historical sources for Indian water rights, the scope of Indian water rights, protection of Indian water rights and the compacting process.

Current American Indian Legislative Issues

Credits: 1 Professor: Kevin Washburn Dates: July 18 – 22 Time: 9:00 a.m. – 11:30 a.m.

CLE Credits: 11.5 (pending) CLE Tuition: $650 CLE Registration: Online

Federal Indian law and policy develops in the courts, in Congress, and in federal agencies. This course will focus on the legislative and administrative processes in forming laws and regulations, but will also explore the relationship between the courts and these other forums by focusing on Congressional and administrative reactions to decisions in the Supreme Court and the lower courts. The content of the course will include recent developments in the 114th Congress and the Obama Administration.

Montana Law School Summer Indian Law Program

Matthew L.M. Fletcher

Here. From the site:

2015 Course Information

All courses are offered for 1 academic credit.

Indian Law Research

Professor: Stacey Gordon
Dates: June 1 – 5
Days/Times: TBA
Law 611, Sect. 00

Because tribes are sovereign governments, the field of Indian Law encompasses distinct legal issues and legal sources. Researching both federal Indian law (the law of the relationship between tribal governments and the U.S. government) and tribal law (the law of individual tribes) requires an additional set of tools and research skills to those students are introduced to in a basic legal research course. In this course, students will learn the skills and sources necessary to research general Indian law issues as well as the very specialized skills and sources used in researching the legal history of a tribe, including reserved treaty rights. The course will cover researching treaties, Indian land claims, statutory and case law, and tribal law. Students will actively participate in creating a tribal legal history throughout the course.

Voting Rights in Indian Country

Professor: Jim Taylor
Dates: June 8 – 12
Days/Times: TBA
Law 000, Sect. 00

The purpose of this course is familiarize students with the voting issues in Indian country. The course will look at problems and remedies under tribal, state and federal systems. Following completion of the course, students will be familiar with voting rights issues and the options for addressing equity in representation issues within Indian country. This course will cover general Voting Rights issues; problems associated with voting rights in Indian country; and legislation and litigation concerning voting rights in Indian country.

Indian Child Welfare Act

Professor: Maylinn Smith
Dates: June 15-19
Days/Times: TBA
Law 691, Sect. 00

This course looks at past federal policies that resulted in the removal of Indian children from their families and led to Congress passing the Indian Child Welfare Act. The course discusses the legal requirements of the Indian Child Welfare Act, various aspects of working with Indian families, potential conflicts with state and other federal laws, and the difficulties in getting compliance with the Act.

Criminal Jurisdiction in Indian Country

Professor: Danna Jackson
Dates: June 22 – 26
Days/Times: TBA
Law 000, Sect. 00

This course provides information about crime and criminal jurisdiction in Indian Country. Topics include an overview of the laws affecting criminal jurisdiction, some of the unique criminal problems affecting Indian Country, traditional methods of resolving unacceptable behavioral problems within tribal communities, and the evolution of current responses to crime within Indian Country. Following completion of the course, students should have a basic understanding of the foundational principles relating to crime and law enforcement in Indian Country.

Indigenous Cultural Preservation

Professor: Maylinn Smith
Dates: June 29- July 3
Days/Times: TBA
Law 000, Sect. 00

This course is to familiarize students with Indigenous cultural preservation issues. Following completion of the course, students should be familiar with various legal and social efforts to promote and protect indigenous cultures around the world. The course will cover general information about impacts of colonization practices on Indigenous cultures; tribal, national and international efforts to addressing cultural preservation; U.S. federal laws and cases addressing cultural preservation issues; and remedies for protecting and promoting indigenous cultures.

American Indian Natural Resource Law

Professor: Del Laverdure
Dates: July 6 – 10
Days/Times: TBA
Law 000, Sect. 00

American Indian Natural Resources is a growing, dynamic, exciting area of the law, involving important resources. The field includes transcendent issues, such as compensation for or restoration of lost resources, as well as pragmatic concerns, such as the ability to site or maintain major facilities, the allocation of water supplies and pollution control. Students will examine the unique contours of natural resource matters that arise in Indian country, specifically focusing on: land, environmental protection, natural resource development and water rights.

Indian Property Law

Professor: Deb Dumontier
Dates: July 13-17
Days/Times: TBA
Law 000, Sect. 00

The purpose of this course is familiarize students with the unique issues relating to Indian lands and rights associated with the land. Following completion of the course, students will be familiar with various aspects of Indian lands and the restrictions and regulations governing these lands. This course will cover general information about Indian lands; regulation of Indian lands; limitations of Indian lands; probate issues; and land consolidation issues.

Constitutional and Code Drafting Issues Related to Indian Law

Professor: Maureen White Eagle
Dates: July 20-24
Days/Times: TBA
Law 000, Sect. 00

The purpose of this course is to introduce students to distinct constitutional issues arising from and affecting Indian country. As extra-constitutional entities, the effect of the federal Constitution in Indian country is unique. The course will look at federalism issues in Indian country and discuss development and interpretation of tribal constitutions and codes. Following completion of the course, students will be familiar with the unusual relationship between tribal nations and the federal Constitution and the challenges associated with drafting constitutions and codes for tribal governments. This course will cover issues related to the Commerce Clause, Equal Protection, the Tenth Amendment and development of tribal constitutions and codes.