Course Description
Social Science Curriculum
Course Work and Evaluation
Course Textbooks
Suggested Study Methods

COURSE DESCRIPTION: The objective of this course is to provide a comprehensive understanding of Native American law and the underlying government policies of the United States. In order to fully grasp Federal Indian Law, it is necessary to organize this subject into different areas: (1) The Plight of Western Legal Conquest, (2) The Authority of Tribal Government, and (3) The Rights of Native Americans. Section one introduces the brutal forms of colonialism imposed upon indigenous people by European settlers, ranging from bribes and lies to murder and wars. Detailed attention is given to the efforts of the federal government to remove, relocate, assimilate, and destroy Native American culture until the 1960s when political protest and pressure led to some reforms. The second part covers the unique role of the federal government and the sovereignty of tribal governments as established by treaties. Jurisdictional lines are also examined among the federal, tribal, and state courts with respect to criminal and civil matters. The final section considers the enduring struggle of Native Americans to remain free to pursue their traditional way of life and compete on an equal basis within the political and economic system. Interference with the cultural values and resources of indigenous people is analyzed to show how Congress and the Bureau of Indian Affairs have found ways to ignore or twist constitutional and statutory protections. By focusing on these general areas, the course will provide students with an opportunity to accomplish the following objectives:

A. To develop critical thinking about how and why indigenous people have often experienced pervasive discrimination under the laws of the United States.

B. To provide a historical perspective of the federal regulation of the Native American tribes, ranging from policies of removal to self-determination.

C. To explain the jurisdictional relationship between the federal, tribal, and state governments within the context of criminal and civil disputes.

D. To understand the struggle of Native Americans to receive the protection of federal treaties and the civil liberties and rights accorded to others.

SOCIAL SCIENCE CURRICULUM: The relationship between this course and the social sciences is twofold. Native American Law satisfies an elective requirement for the baacalaureate degrees in Political Science/Justice Studies. It also serves  to promote the educational role of the Division of Social Sciences. The social sciences—anthropology, economics, sociology, philosophy, psychology, political science and history—provide a comprehensive understanding of society and human behavior. Such an interdisciplinary paradigm provides answers to the empirical question of how society works and the normative question of how society should work. Perhaps no other field of inquiry is more important to human beings than social science. It explains not only the dynamic conditions of human life, but also the opportunities available to the world for improving such conditions. A scientific knowledge of society and human behavior is as important as learning about mathematics, chemistry, physics, biology, engineering, medicine, law and other disciplines. The instrumental benefits of understanding how to construct automobiles, perform surgeries, or make computers are hollow unless people can be part of a society where humans experience happy, meaningful, and satisfying lives. Such a liberal arts philosophy permeates the entire course offerings of the Social Sciences Division. Its overall curriculum, as reflected within this particular course, is designed to accomplish the following learning outcomes:

A. To develop critical thinking about how and why a social scientific approach is used to more thoroughly understand the complexities of human behavior.

B. To provide an interdisciplinary perspective about social science within the context of the nature, growth, structures, and functions of societal life.

C. To understand the development and application of the theoretical frameworks associated with the various disciplines which make-up the social sciences.

D. To explain the historical struggle of humans to pursue the "good life" free from the cultural, political, and economic problems of American society.

COURSE TEXTBOOKS: The reading materials required for this course include David Getches, Charles F. Wilkinson, and Robert A. Williams, Federal Indian Law, 3rd ed. (St. Paul: West Publishing Company, 1993) and William Canby, Jr., American Indian Law In a Nutshell, 3rd ed. (Chicago: West Publishing Company, 1998). In writing these texts, the authors have concentrated on the historical plight of Native Americans to remain autonomous to pursue a peaceful and traditional way of life. Federal Indian Law uses excerpts from legal publications and judicial opinions to evaluate the issues, rationales, and significance of the important cases affecting the rights of indigenous persons. American Indian Law contains an overview of the development of federal-tribe relations, tribal sovereignty, tribal jurisdiction, and the rights of Native Americans. These texts go beyond simply providing general information about Native American law. They also show how judges reach different conclusions, according to their own interpretations of the law within the context of case facts. Other recommended books include:

A. Laurence N. French, The Winds of Injustice: American Indians and the United States Government (Hamden, Connecticut: Garland Publishing Company, 1994).

B. Jill Norgen and Petra T. Shattuck, Partial Justice: Federal Indian Law in a Liberal Constitutional System (New York: Berg Publishing Company, 1991).

C. Jill Norgren and Serena Nanda, American Cultural Pluralism and the Law (New York: Praeger Publishing Company, 1996).

D. Wilcomb E. Washburn, Red Man's Lands/White Man's Laws: The Past and Present Status of the American Indian (Norman: University of Oklahoma Press, 1995).

E. Charles Wilkinson, American Indians, Time, and the Law: Native Societies in a Modern Constitutional Democracy (New Haven: Yale University Press, 1987).

F. John R. Wunder, "Retained by The People": A History of American Indians and the Bill of Rights (New York: Oxford University Press, 1994).

SUGGESTED STUDY METHODS: No method of study can meet the diverse needs of each student. Still a number of strategies can be used to gain a better perspective of the subject. Before attending class the students need to read the materials and brief the corresponding court opinions assigned by the syllabus. This will allow students to familiarize themselves with the focus of the lectures and at the same time enable them to digest the judicial decisions. After the students have finished the readings, they should outline the material in order to fully understand the issues and principles of Federal Indian Law. When outlining the students should brief the important case facts and judicial positions emerging from the major court decisions. This will help students to concentrate on what problems of Indian Law were raised by each case and how the jurists went about resolving them. The next important strategy is to attend class. After all, the classroom is where the greatest amount of learning takes place through an open dialogue. Plus the examination questions will be taken from the class lectures and reading materials. It is important to realize that students actually learn what they read and write about on a regular basis. So the key to unlocking the doors of Native American Law is to take the course assignments seriously.

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