The Essentials of Indian Law
Law
December 14-15, 2009 |
Las Vegas, NV | Las Vegas Hilton
A limited amount of rooms have been reserved at a discounted rate for Falmouth attendees. For a rate of $59 per night, please call 1-800-635-7711 by November 21 and mention Falmouth Institute. |
$755 |
This class is part of the 2009 Indian Country Training Summit & Expo.
 Thousands of treaties, statutes, judicial decisions
and regulations affect everyday life
in Indian Country. This popular course
summarizes the essentials of Indian law.
We’ll answer questions such as: What is “sovereignty?” Can tribes be sued? Who
has jurisdiction? Who must use the tribal
court? What is the power of the tribal
council? What are the impacts of federal
agencies exercising control on Indian reservations?
During this class, you’ll learn how to
analyze jurisdictional issues that arise in
disputes among tribes and other governments
or individuals. You’ll also discover
how federal laws and treaties impact Indian
sovereignty and statutory and judicial laws
at the tribal level. If you work for a tribal
organization, you’ll walk away with the
knowledge needed to better understand
its history and mission. If you work for a
federal, state or local government agency,
you’ll learn how to work more effectively
and develop positive relationships with
tribes.
Please click here to view the brochure.
Topics that will be covered include:
Sovereignty of Indian Tribes
- Origins and development of sovereignty
- Meaning of “sovereignty” and its limits
- Sovereign immunity of tribes
- Sovereignty and states
Plenary Power
- Applications of federal law to Indian tribes
- Sovereignty case law — Inyo County v. Bishop Paiute Tribe
Federal-Tribal Relationship
- The federal role
- Cherokee cases
- Movement to reservations
- Allotment and assimilation efforts
- Major Crimes Act
- Indian Reorganization Act
- Termination and relocation
- P.L. 280
Function and Structure of Government
- Universal function
- Shaping the government
- Three main functions of government
- Types of governing structures
- Constitutional forms of government
A History of Tribal Governments
- Early tribal governments
- Role of family
- Role of law
- Crow Dog — A traditional tribal government in action
Structure and Function of Tribal Government
- Modern tribal constitutions
- Constitutional limits to governing powers
- Division of governing functions
- Government sub-units
- Charters
The Legislative Function in Tribal Government
- Nature of law
- Protection of cultural values
- Ordinances
- Resolutions
- Writing effective ordinances
- Lawmaking procedures:
- Debating
- Quorum
- Agenda
- Minutes
- Role of committees
Tribal Membership and Enrollment Issues
- Political significance of enrollment
- Membership requirements
- Disenrollment
- Changing the base roll
- Dual enrollment
- Enrollment documents
Tribal Court
- Types of tribal courts
- Relationship between court and tribal government
- Judicial process within a tribal court
- Tribal judges
- Appeals and judicial review
- Separation of powers
- Rules of statutory construction
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The Executive Function in Tribal Government
- Executive vs. administrative
- Tribal officers
- Chief executive
- Administration
- Organizational guidelines
- Span of control
- Career administrators
- Merit selection
The Judicial Function in Tribal Government
- Judicial activity on the reservation
- Martinez decision
Roles of the Tribal Official in the 21st Century
- Accountability
- Self-interest
- Interest groups
- Elected vs. appointed officials
- Decision-making strategies
- Conflicting roles of the tribal official
Organizing for Economic Development on the Reservation
- Powers held by the government
- Delegating authority
- Internal and external development
- External operations of a venture
- Choosing an organizational structure
Indian Country Jurisdiction
- Civil and criminal jurisdictions
- A definition of “Indian Country”
- Federal, state and tribal criminal jurisdictions
- Federal, state and tribal civil jurisdictions
- Courts of general and limited jurisdictions
- Adjudicatory and regulatory jurisdictions
- Jurisdiction case law
Indian Civil Rights Act
- Rights that ICRA provides
- Santa Clara Pueblo v. Martinez
- Tribal court enforcement
- Tribal sovereign immunity
- Federal court enforcement
Gaming
- Legal authority for gaming
- Overview of the Indian Gaming Regulatory Act (IGRA)
- Tribal-state gaming compacts
- Role of the National Indian Gaming Commission (NIGC)
- California v. Cabazon Band of Mission Indians
- CRIT — Colorado Indian Tribes v. National Indian Gaming Commission
Taxation in Indian Country
- Federal taxation and exemptions
- State taxation and exemptions (e.g., tax on Internet sales of cigarettes)
- Tribal taxation
- Tribal members vs. nonmembers
- Taxation case law
- Sherrill v. Oneida
- Cherokee v. Leavitt
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