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Center for Curriculum and Transfer Articulation
American Indian Law
Course: AIS160

First Term: 2017 Summer
Lecture   3 Credit(s)   3 Period(s)   3 Load  
Subject Type: Academic
Load Formula: S - Standard Load

Description: Analyzes the legal system of the United States Government as it applies to American Indian Nations. Examines how United States legal institutions have impacted Indian sovereignty. Units of analysis include the development of Indian law, United States Supreme Court decisions, Congressional Acts, treaty rights and the development of tribal governments. Focuses on legal institutions that have abridged the property rights of Indian Nations.

MCCCD Official Course Competencies
1. Identify and describe the sources and scope of inherent legal powers of Indian Tribes. (I)
2. Describe the limitations of the scope and exercise of inherent legal powers of Indian Tribes. (I)
3. Describe the impact of economic and natural resource development on tribal sovereignty, case law, social problems, environmental issues, tribal economies, social change, individual tribal members, tradition, and culture. (I-VI)
4. Describe the legal relationship between Indian Nations and the United States government as defined in the U.S. Constitution. (II)
5. Identify and describe basic criminal and civil jurisdictional relationships between Indian Nations and the federal government, state governments, county and municipal governments. (II-IV)
6. Analyze Acts of Congress, U.S. Supreme Court decisions, and treaties in terms of their impact on tribal sovereignty, tribal governments, case law, tribal courts, social problems, individual tribal members, tradition and culture. (II-VI)
7. Summarize the scope of tribal jurisdiction. (II-VI)
8. Identify and describe major legal policies and their impact on Indian legal issues. (II-VI)
9. Cite areas of conflict and jurisdictional uncertainty between American Indian law and United States non-Indian law. (III-IX)
10. Identify and describe Federal Indian Law as it relates to special cases. (V)
11. Identify and describe the participation of Indian Nations in the international legal arena. (VI)
12. Trace the history of termination policy and describe how to challenge termination procedures. (IX)
13. Identify and describe the impact of land law and allotments on American Indian tribes. (X)
14. Describe contemporary economic development taking place among American Indian tribes and identify issues and concerns related to such development. (XI)
15. Describe the impact of the Indian Reorganization Act on tribal governments. (XII)
16. Identify and describe Federal Indian Law as it relates to special cases. (XIII)
17. Explain the relations of Indian tribal governments with Federal and State governments. (XIV)
MCCCD Official Course Competencies must be coordinated with the content outline so that each major point in the outline serves one or more competencies. MCCCD faculty retains authority in determining the pedagogical approach, methodology, content sequencing, and assessment metrics for student work. Please see individual course syllabi for additional information, including specific course requirements.
MCCCD Official Course Outline
I. American Indian Law: A Historical Perspective
   A. Discovery, Conquest, and Treaty Making (1532-1828)
   B. Removal and Relocation (1828-1887)
   C. Allotment and Assimilation (1887-1928)
   D. Reorganization and Self-Government (1928-1945)
   E. Termination (1945-1961)
   F. Self-Determination (1961-Present)
II. Federal Responsibility and Power Over Indian Affairs
   A. Roots of Federal Responsibility: United States Constitution
   B. Sources of Federal Power
   C. Trust Relationship Between Indians and the Federal Government
   D. Criminal and Civil Jurisdictional Issues
   E. Jurisdictional Relationships among Governments
      1. Federal
      2. State
      3. County
      4. Municipal
III. Evolution of Tribal Governments
   A. Traditional Forms of Government
   B. Transitional Forms of Tribal Governments
   C. Tribal Government in Modern Perspectives
IV. The Indian Judicial System
   A. The Development of the Indian Court System
   B. Federal Review of Tribal Court Decisions
   C. Indian System of Law
      1. Role of Attorneys
      2. Role of Advocates
      3. Role of Legal Interest Groups
V. Public Policy and the Legal Rights of Indians
   A. Civil Liberties of American Indians
   B. American Indian Religious Freedom
   C. Economic Development
   D. Natural Resource Development
   E. Gaming
VI. Indians in the International Legal Arena
   A. The United Nations: Recognition of Indian Organizations
   B. International Recognition of Indian Sovereignty and the Treaties
      1. New York
      2. North Dakota
      3. Arizona
VII. Law of American Indian Treaties
   A. History of Treaty Negotiations
   B. Relationship of Trust
   C. Interpretation of Indian Treaties
   D. Abrogation of Treaty Rights
   E. Claims
VIII. Title I of the Indian Self-Determination and Education Assistance Act
   A. Contracting Procedures
      1. Bureau Of Indian Affairs
      2. Indian Health Service
   B. Boilerplate Clauses
      1. Bureau of Indian Affairs
      2. Indian Health Service
IX. Termination Laws
   A. Historical Antecedents
   B. Current Procedures
   C. Challenging Unfair Procedures
X. Land Law/Allotments
   A. General Allotment Act
   B. Fractionation/Heirship Issues
   C. Indian Land Claims Act of 1983
XI. Economic Development
   A. Gaming
   B. Resource Management
   C. Taxation
XII. Indian Reorganization Act (IRA)
   A. Boilerplate Constitutions
   B. IRA vs. Non-IRA Tribes
XIII. Federal Law/Special Cases
   A. Alaska
   B. California
   C. New York
   D. Oklahoma
XIV. Relations with Federal/State Governments
   A. Legislatures
      1. National
      2. State
   B. U. S. Executive Branch
      1. Department of Interior
      2. Bureau of Indian Affairs
      3. Federal Agencies
   C. State
      1. Governor`s Task Forces
      2. Governor`s Commissions
MCCCD Governing Board Approval Date: November 22, 2016

All information published is subject to change without notice. Every effort has been made to ensure the accuracy of information presented, but based on the dynamic nature of the curricular process, course and program information is subject to change in order to reflect the most current information available.