Perspectives on Sovereignty - Native American Law
Section 1, Spring 23
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This course provides students with knowledge regarding the history, development and salient legal issues facing tribal nations in the United States. We examine the legal relationships among Indian nations and the U.S. government, state governments, and individuals. The course will cover both the historical development of Native American law and contemporary issues, including tribal sovereignty, property, descent and distribution, child custody, natural resources, gaming, environmental laws, civil and criminal jurisdiction. The course is a primer in effective representation of both tribal nations and non-Indian clients in transacting business with tribal nations.
Final Type (if any): None
Written Work Product
Written Work Product: Students will submit a 15-20 page research paper due via EXPO by noon on the last day of the finals period. The paper represents 60% of the student's final grade Students who wish to augment the final paper to one meeting the upper-level writing requirement standard must submit a "special request" form to the instructor. The form is available on LawWeb and must be submitted by Feb. 27, 2023. Students will also submit 2 short essays in response to hypotheticals on a choice of 5 topics covered in class. The short essay responses shall not exceed 1.5 pages and are due via EXPO by noon Wednesday before the following class. The 5 topic areas will be posted on Canvas on the first day of class, Students should refer to the Class Syllabus as to when a topic will be covered. Any changes to the Class Syllabus will be announced in Class and posted on Canvas.
There will be a significant amount of reading required in advance of each class ~ 30-60 pages; This seminar also includes use of research tools unique to the practice of Native American Law. Each class session will include, introduction, discussion and practice using a specific tool in the context of a “practice tip of a week." Laptops are highly recommended and needed for problem of the week.
Other Course Details
Prerequisites: Constitutional Law (LAW 6001) is recommended as a pre- or co-requisite, but not required. Concurrencies: Constitutional Law (LAW 6001) is recommended as a pre- or co-requisite, but not required.
Mutually Exclusive With: Native American Law (7114)
Laptops Allowed: Yes
First Day Attendance Required: No
Course Resources: David M. Getches, Charles E. Wilkinson, Jr., Robert A. Williams L.M. Fletcher & Kristen A. Carpenter, Cases and Materials on Federal Indian Law. 7th Ed. Supplemental materials provided in electronic form via Canvas
*Satisfies Writing Requirement: No
**Credits For Prof. Skills Requirement: No
Satisfies Professional Ethics: No
*If “Yes,” then students are required to submit a substantial research paper in this course, which means students do not need to submit any form to SRO for this paper to meet their upper-level writing requirement. If “No,” then students must submit a “special request” e-form to SRO (available via LawWeb) no later than five weeks after the start of the term for a paper in this class to be counted toward the upper-level writing requirement.
**Yes indicates course credits count towards UVA Law’s Prof. Skills graduation requirement, not necessarily a skills requirements for any particular state bar.
Cross Listed: No
Cross-Listed Course Mnemonic:
Concentrations: Human Rights and Civil Liberties, International and National Security Law, Jurisprudence and Comparative Law
Public Syllabus Link: None
Evaluation Portal Via LawWeb Opens: Friday, April 21, 12:01 AM
Evaluation Portal Via LawWeb Closes: Sunday, April 30, 11:59 PM