Seminar Information - Montana & Associates

Basic Indian Law & Sovereignty for Tribal Official(s), Elder(s) & Youth Conference

"Many tribes today talk about sovereignty but fail to make the distinction between talk and action" Roger Jordain 1985

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COURSE DESCRIPTION

"This conference is dedicated to all past and present tribal leaders that have stood for the sovereignty of their tribes and will include panel discussions with tribal youth and elders, including tribal officials. *Tribal youth between the ages of 15 & 20 will be charged a nominal fee of $75.00 and all elders from the age of 70 years and older will be allowed to participate for a book charge of $25.00. We hope we can make this an annual event to educate and assist tribes in developing strong policies that protect tribes for generations to come."

COURSE CONTENT

I.	HISTORY OF AMERICAN INDIAN LAW

A.	The Colonial period

B.	Indian removal

C.	Allotment period

D.	Self-Determination - self-governace

II.

ORGANIZATION OF THE TRIBAL GOVERNMENT

A.	Constitutions

B.	The chairperson

C.	Tribal courts

D.	Tribal corporations

III.

SOVEREIGNTY OF INDIAN TRIBES

A.	What is sovereignty?

B.	When can tribes be sued?

C.	What is a waiver of immunity?

D.	Immunity and the federal governments

E.	Federal governments suites againist tribes

IV.

TAXATION AND TRIBES

A.	Tribal power to tax members and non-members

B.	When can states tax in Indian country?

C.	What federal taxes apply to tribes?

V.	CRIMINAL JURISDICTION

A.	Tribal authority over criminal activity

B.	The Major Crimes Act

C.	The Federal Enclaves Act

D.	The Indian Civil Rights Act

E.	Jurisdiction over non-member Indians

F.	Jurisdiction over non-Indians

VI.

CIVIL JURISDICTION

A.	Authority over non-Indians

B.	Indian to non-Indian transactions

C.	Corporations doing business on reservations

D.	Non-Indians in tribal court

E.	Imposing sentences on non Indians

F.	Divorce and child custody laws

VII.

POWER AND AUTHORITY OF TRIBAL GOVERNMENTS

A.	To enact codes/ordinances

B.	To contract with the federal government

C.	To expel non-members

D.	To issue licenses

E.	To zone land

F.	To regulate activities of non-members

G.	To enter into attorney contracts

VIII.

SUPREME COURT DECISIONS

A.	South Dakota v. Yankton Sioux Tribe

B.	Alaska v. Native Village of Venetie

C.	Klowa v. Manufacturing Technologies, Inc.

D.	Cass County v. Leech Lake Band of Chippewa Indians

E.	Montana v. Crow;

F.	Additional Case Law.

IX.

INDIAN GAMING REGULATORY ACT

Overview;

B.	New Regulations.

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