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Special Topics in the Humanities (370-4-22)

Topic

Indigenous Peoples and U.S Law

Instructors

Douglas Metoxen Kiel
847/467-4821
Harris 229

Meeting Info

University Hall 121: Tues, Thurs 2:00PM - 3:20PM

Overview of class

Indigenous Peoples and U.S. Law

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

Upon successful completion of this course, students will be able to: Analyze the legal foundations of tribal sovereignty and the unique relationship between Native nations and the U.S. federal government; Evaluate the historical development of federal Indian law, including key Supreme Court decisions, treaties, and policies that have shaped Indigenous-U.S. relations; Compare and contrast Indigenous legal traditions with the European doctrine of discovery and its impact on contemporary tribal governance; Examine the evolution of tribal governmental authority and jurisdiction in relation to federal and state governments throughout the 20th and 21stcenturies; Assess contemporary legal and political challenges facing American Indians, Alaska Natives, Native Hawaiians, and Indigenous peoples in U.S. Territories.

Evaluation Method

Participation 35%, final paper 30%, two case briefs 25%, three quizzes 10%

Class Attributes

Historical Studies Foundational Discipline
Historical Studies Distro Area