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Federal Indian Law for the Tribal & Gaming Officials

Including a Review of the 2001 Supreme Court Decisions
During the Gathering of Nations Pow Wow.


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COURSE DESCRIPTION

"*Without a firm understanting of legal principles relating to federal Indian law surrounding gaming and sovereinty it is difficult for any tribal official to make efficient policy and adopt laws which protect the over-all general welfare of the tribel and it’s members. *This course will cover areas of early Supreme Court rules still utilized today to protect the sovereignty of tribal entities and further, discuss recent cases and court holdings that must be understood to protect tribal affairs on a day-to-day basis. ""The unique legal posture of the tribes in relation to the federal government is deeply rootedin the American history and a knowledge of historical context is perhaps more important to the understanding of Indian Law than of any other legal subject."" writes William C. Canby, Jr. , a U.S. Appeals Court Judge for the 9th Circuit Court of Appeals and author of American Indian Law in a Nutshell. This Course explores the complex body of Indian jurisdictional and substantive legal principles that are reflected in treaties, federal statutes, federal court cases and Indian law. In this course, you will learn the answers to questions such as : What is sovereignty? Can tribes be sued? Who has jurisdiction over certain criminal and regulatory issues? Who must use the tribal court system? What is the power of the tribal council as a tribal branch of government? If you want a thorough understanding of how law and treaties affect Indian sovereignty and want to be able to interpret and articulate the thousands of treaties, statutes, judicial decisions and regulations that affect everyday life in Indian Country, make plans to attend this seminar today. This seminar will include and cover all 2001 U.S. Supreme Court Decisions effecting Indian Country."
COURSE CONTENT
I.    Legal Structure of Tribes
       A.    Treaties
       B.    Indian Reorganization Act
       C.    Government-to-government relationship
       D.    Role of the Chairman
       E.    Role of the council
       F.    Authority of tribal courts
II.   Authority of Tribal Governments
       A.    Constitutional Basis
       B.    Power to Regulate
       C.    Relationship to Tribal Courts
       D.    Location of ultimate authority
       E.    Intervention by federal government
       F.    Power of exclusion
III.  SOVEREIGNTY OF TRIBES
       A.    Origins of sovereignty
       B.    Waiving immunity
       C.    Liability of council members
       D.    Soveriegn immunity as a defense
       E.    Implied waiver
IV.   INDIAN GAMING REG. ACT
V.    CRIMINAL JURISDICTION
       A.    Assimilated Crimes Act
       B.    Public Law
       C.    Concurrent jurisdiction
       D.    Major Crimes act
       E.    Arrest - extradition
       F.    Offenses by non Indians
       G.    Offenses by non-enrolled Indians
VI.   CIVIL JURISDICTION
       A.    Tribal codes
       B.    Over tribal members
       C.    Over non-indians
       D.    Divorce proceedings
       E.    Federal roles
VII.  TAXATION
       A.    Authority of tribes to tax
       B.    Taxation of non-indians
       C.    Enforcing tax codes
       D.    State Taxation in Indian country
       E.    Federal taxation of tribes
VIII. RELEVANT CASE LAW


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