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Official Course
Description: MCCCD Approval: 5-26-1998 |
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AIS160
1999 Spring – 2011 Fall |
LEC 3.0 Credit(s) 3.0 Period(s) 3.0 Load Occ |
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American
Indian Law |
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Analyzes the legal system of the United Sates 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. Prerequisites: None. |
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Cross-References:
SOC160
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Go to Competencies Go to Outline
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MCCCD
Official Course Competencies: |
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AIS160 1999
Spring – 2011 Fall |
American Indian Law |
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1.
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Identify and describe the sources and scope of inherent
legal powers of Indian Tribes . (I) |
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2.
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Describe the limitations of the scope and exercise of
inherent legal powers of Indian Tribes. (I) |
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3.
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Describe the legal
relationship between Indian Nations and the United States government as
define in the U.S. Constitution.(II) |
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4.
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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) |
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5.
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Identify and describe basic
criminal and civil jurisdictional relationships between Indian Nations and
the federal government, state governments, county and municipal governments.
(II-IV) |
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6.
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Summarize the scope of tribal jurisdiction. (II-VI) |
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7.
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Identify and describe major legal policies and their
impact on Indian legal issues.(II-VI) |
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8.
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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) |
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9.
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Identify and describe Federal Indian Law as it relates to
special cases. (V) |
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10.
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Identify and describe the participation of Indian Nations
in the international legal arena.(VI) |
Go to Description Go to top of
Competencies
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MCCCD
Official Course Outline: |
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AIS160 1999
Spring – 2011 Fall |
American Indian Law |
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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. Transition 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 |