Course Description:

The historical relationship between Native American peoples and the United States has been characterized by some as "genocide-at-law;" how can the United States come to deal justly with these "nations within?" This course will examine the historical background and contemporary nature of the legal and political relationship between the United States government and Native American tribes. Through an examination of legislation, court cases, and the policies of federal, state and local governments, the social, political, and legal circumstances and prospects of Native Americans will be considered. Special focus will be placed on problems such as treaty interpretation in Federal Indian Law, the legal basis and political implications of reservation gaming, and the debates over the legal status of indigenous peoples and Native Americans in international law.Course

Objectives:

1. To become familiar with significant issues and major players in Native American law and politics. Issues to be covered would include such things as treaty interpretation, tribal recognition, repatriation of tribal remains and cultural artifacts, reservation gaming, and land claims.

2. To understand key events in the history of Native Americans, and in Native American relations with the European settler states of North America, especially the United States.

3. To consider the various implications of the concepts of trusteeship, sovereignty, self-determination, and autonomy in the case of Native Americans, and how these structure the relationship between Native Americans and other Americans.

4. To gain some exposure to the debates over the legal status of indigenous peoples in international law, to examine ways in which the norms of international law might ameliorate the often conflictual relations between Native Americans and other Americans, and to compare the treatment and status of Native Americans in the U.S. with indigenous groups elsewhere in the world.

5. To consider the ways in which non-Native perceptions and images of Native Americans have shaped social, political, and legal relations in the United States.

6. To gain some familiarity with local Native American communities, their history, current situation, and future prospects.

Required Texts:

1. Vine Deloria, Jr., Custer Died for Your Sins: An Indian Manifesto, Norman, OK: University of Oklahoma Press, 1988
2. Sharon O'Brien, American Indian Tribal Governments, Norman, OK: University of Oklahoma Press, 1989
3. M. Annette Jaimes, The State of Native America: Genocide, Colonization, and Resistance, Boston: South End Press, 1992
4. Jim Northrup, Walking the Rez Road, Stillwater, MN: Voyageur Press, 1993
5. Course Reader Contents

: (1)"The Canons of Interpretation in Federal Indian Law," Chap. 2 in R. Steiner, The Interpretation of Treaties and the Constitution of Native American Identity (1993) (2) Selections from "The Marshall Trilogy": U.S. Supreme Court Opinions in Johnson v. McIntosh (1823), Cherokee Nation v. Georgia (1831), and Worcester v. Georgia (1832) (3) R. Steiner, "Four Principles of treaty-making to keep in mind," StarTribune (Mpls.) 2/16/94 (4) Media coverage of 1994 Chippewa treaty case, StarTribune (Mpls.) 8/25/94 (5) Mille Lacs Band of Chippewa Indians v. Minnesota, 1994 U.S. Dist. LEXIS 11901 (Federal District Court opinion in 1994 Chippewa Treaty case) (6) selections from U.S. Supreme Court opinion in California et al. v. Cabazon Band of Mission Indians et al., (1987), and related articles (7) UN Working Group on Indigenous Peoples, "Universal Declaration on the Rights of Indigenous Peoples" and related articles

Methods of Evaluation:

Class participation
= 5%Journal
= 10%Short writing project
= 15%Midterm Exam
= 20%Final exam
= 25%Research paper
= 25%TOTAL
= 100

COURSE OUTLINE

I. Introduction: Native Americans as Myth and Reality

Deloria, vii-27, "Preface" and "Ch.1: Indians Today, the Real and the Unreal" O'Brien, 3-34, "Ch.1: The Mississippi Choctaw Tribal Council" and "Traditional Tribal Governments" Jaimes, 1-12, "Introduction: Sand Creek - the Morning After" Northrup, 104-105, "brown and white peek"

II. Foundations and History of U.S. Federal Indian Law

O'Brien, 35-91, "Ch.3: The Newcomers", "Ch.4: A Century of Destruction" and "Ch.5: A Century of Confusion" O'Brien, 299-311, "Appendix: Important Events in Indian History" Deloria, 28-77, "Ch.2: Laws and Treaties" and "Ch.3: The Disastrous Policy of Termination" Jaimes, 13-53, "Table: Key Indian Laws and Cases" and "Ch.1: The Demography of Native North America" Selections from the Marshall Trilogy (course reader)

III. Treaty Interpretation

Steiner, "The Canons of Interpretation in Federal Indian Law" Steiner, "Four Principles of treaty-making to keep in mind" A. The case of Chippewa Hunting and Fishing rights Northrup, 136-148, "barbed thoughts," "Jabbing and Jabbering," and "1854-1988" StarTribune, Media coverage of 1994 Chippewa treaty case Mille Lacs Band of Chippewa Indians, 1994

VI. Tribal Government

O'Brien, 197-254, "Ch.11: The Powers of Tribal Government" (also, skim pp. 93-196) Jaimes, 87-121, "Ch.3: Self-Determination and Subordination" Deloria, 197-224, "Ch.9: The Problem of Indian Leadership" A. The Problems at Pine Ridge and the Case of Leonard Peltier Jaimes, 291-310, "Ch.10: A Warrior Caged"

V. Inter-governmental relations

O'Brien, 257-290, "Ch.12 The Tribal-Federal Relationship" and "Ch.13: Tribal-State Relations" Deloria, 125-145, "Ch.6: Government Agencies" A. Native American Religion Jaimes, 267-290, "Ch.9: Trouble in High Places" Deloria, 101-124, "Ch.5: Missionaries and the Religious Vacuum"

VI. Problems and Prospects of Federal Recognition

VII. The Struggle for the Land

Jaimes, 139-216, 241-266, "Ch.5: The Earth is Our Mother," "Ch.6: American Indian Water Rights," and "Ch.8: Native North America"

VIII. Repatriation of Cultural artifacts and human remains

IX. Reservation gaming

Cabazon Band of Mission Indians, 1987 and related articles

X. Native Americans as Indigenous PeoplesJaimes, 55-86, "Ch.2: International Law and Politics" Deloria, 168-196, "Ch.8: The Red and the Black" Universal Declaration on the Rights of Indigenous Peoples

XI. Conclusions: Native Americans in the Present and Future

O'Brien, 291-297, "Ch.14: The Future" Deloria, 225-267, "Ch.10: Indians and Modern Society" and "Ch.11: A Redefinition of Indian Affairs" Jaimes, 423-444, "Ch.15: Cowboys and ..." and "Epilogue: Looking for Columbus"

ASSIGNMENTS

1. Journal (10 %) Regular entries detailing your reactions to the readings and ideas presented in the course. Keep these together in a notebook; they will be collected and reviewed weekly, then collected, evaluated, and graded at the end of the course.
2. Short writing project (15%) Essay (about 5 pages, double-spaced) in response to the issues raised in Northrup's Walking the Rez Road.
3. Research paper (25%) Research paper on Native American Law and Politics going beyond the materials used in the course. Library research, interviews, audio-visual materials, etc. should be used. The paper should be 10 to 15 pages in length (typed, double-spaced).

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