Topics in Legal Studies (376-0-1)

Topic

Native Nations and the US Legal System

Instructors

Douglas Metoxen Kiel
847/467-4821
Harris 229
Doug Kiel is a citizen of the Oneida Nation and an Assistant Professor in the Department of History and the Alice Kaplan Institute for the Humanities. He is also affiliated with the Center for Native American and Indigenous Research (CNAIR).

Meeting Info

Kresge Centennial Hall 2-415: Tues, Thurs 9:30AM - 10:50AM

Overview of class

This course highlights the intricate relationship between Native nations and the U.S. legal system, with an emphasis on their status as sovereign nations, rather than simply racial or ethnic minorities. We will examine the historical development of tribal governments, U.S. laws and policies governing Indigenous affairs, Indigenous legal traditions, the European doctrine of discovery, diplomatic relations, treaty-making, and the constitutional foundations of federal Indian law. In addition, we will analyze key U.S. Supreme Court decisions, the growth of federal bureaucracy in Indian Country, the expansion of tribal authority in the 20th century, and municipal interactions with Native nations. The course will address contemporary relationships between Indigenous nations, federal and state governments, and the role of federal Indian law as both a colonial tool and a mechanism for Indigenous communities to protect their interests. Throughout the course, we will explore the legal and political challenges facing American Indians, Alaska Natives, Native Hawaiians, and Indigenous peoples in U.S. Territories.

Learning Objectives

Deepen understanding of Native nations & U.S. legal system relationship, and related challenges facing Indigenous peoples.

Evaluation Method

Course grades will be based on participation, quizzes, and three papers

Class Notes

Concentration: Americas