Protection of Native American and Indigenous Rights
This course explores the need to reform and strengthen federal Indian law in the twenty-first century to consolidate gains made by Indian tribes during the modern era of federal Indian law (circa 1944-1985) and to repair damage done to indigenous rights by the Rehnquist and Roberts Courts in the post-modern era. To explore the complex questions involved, the course will survey the “dark side” of federal Indian law to identify structural weaknesses in the foundational principles, highlight nefarious legal fictions and doctrines, and probe factors that make indigenous rights vulnerable. Finally, the course will explore substantive law changes and reform strategies to make federal law comport with minimum standards in the United Nations Declaration on the Rights of Indigenous Peoples (2007) (“UNDRIP”). Readings will be based on Professor Echo-Hawk’s book, IN THE COURTS OF THE CONQUEROR.
Grades in this class will be based on a scheduled final exam; class participation, including student presentations of selected cases; and attendance.
There are no pre-requisite courses, however students should have prior knowledge of the fundamental principles of federal Indian law.
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The American Bar Association accreditation standards require students to regularly attend the courses in which they are registered. Lewis & Clark expects students to attend classes regularly and to prepare for classes conscientiously. Specific attendance requirements may vary from course to course. Any attendance guidelines for a given class must be provided to students in a syllabus or other written document at the start of the semester. Sanctions (e.g., required withdrawal from the course, grade adjustment, and/or a failing grade) will be imposed for poor attendance.
Law Registrar is located in Legal Research Center on the Law Campus.
MSC: 51
email lawreg@lclark.edu
voice 503-768-6614
fax 503-768-6850
Registrar Tiffany Henning
Law Registrar
Lewis & Clark Law School
10101 S. Terwilliger Boulevard MSC 51
Portland OR 97219