Essay on Law. Research Paper on Common Law - Dream Essays

This seminar explores the nature of legal order within Native American communities. Conventional courses in Indian Law typically focus on the law of the United States with regard to Indians and leave ‘Indian' Indian law as a largely unexplored residual. This is perverse, since an important element of all Indian law involves tribal sovereignty and Indian self determination, and therefore the internal law of Indian communities. Accordingly, this seminar turns the usual approach on its head, examining the nature and variety of legal ordering in native communities and treating federal Indian law to the extent necessary to understand its effects on modern native societies. The seminar begins with some historical examples of native law and then turns to contemporary ones. It focuses particularly on the ways in which native legal orders are distinct from European ones and also examines the interaction of native orders with European ones. Each student will (1) take responsibility for leading discussions of readings during the semester and (2) develop a research paper on law in a Native community and present it to the seminar. A prior course in Indian law or history is desirable, but not required. The course will include students from both Law and Native American Studies.

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