Indian and Tribal Law Certificate

Required Courses

5 credits

Federal Indian Law #204 - 3 credits

This course builds on Constitutional Law I (constitutional structures, separation of powers, and federalism) to explore the special status of Indian Tribes and Indians under United States law. Topics include: the historical development of Indian law and policy, from their origins in international law, to their domestication, to new conceptions of international human rights; determining who is an “Indian” and what is an “Indian Tribe,” and whether such distinctions are constitutional; the scope of Federal power and Federal responsibility in Indian affairs; and the collective rights of Tribes to land, water, and other property interests.

Tribal Law #278 - 2 credits

This course involves an examination of how Indian tribes legislate the law and adjudicate disputes that evolve in tribal communities. Instead of focusing on the relationship between the federal government and Indian tribes this course undertakes an analysis of how Indian tribes promulgate and enforce the law and how they interact with each other and state governments. Students will be given the option of writing a paper on a topic impacting this area or writing a judicial decision in an actual case in a tribal court utilizing the principles learned in the class.

Writing Requirement

3 credits

Indian Country Environmental Law #340 - 3 credits 

This course examines how the confluence of federal environmental, administrative and Indian Law creates, but may also solve, environmental injustice in Indian countries. For Indigenous Peoples who seek to maintain connections with their ancient spiritual and religious cultural traditions, effective protection of the natural environment is critical to their cultural identity. The course examines the various Indian country approaches taken by the US Environmental Protection Agency (EPA), including treating Indian tribes “as states,” and the federal cases brought by states and non-Indians challenging EPA’s and tribes’” authority to make binding value judgments about Indian country environmental protection. This seminar fulfills the intensive writing requirement.

Indian Law and Tribal Law Seminar #324 - 3 credits

There are three components to this course.  

(1) Research: The practice of Indian and Tribal Law often requires familiarity with treaties, tribal codes, tribal court decisions, and other authorities you might not have learned about in Lawyering Skills. The first part of the course will focus on finding and becoming familiar with these legal authorities. Students will demonstrate their research skills by compiling a “legal history” of a federally recognized tribe. 

(2) Writing: Building on the research skills developed in the first part of the course, students will select a topic (with faculty guidance) in Indian Law or Tribal Law and write an article suitable for publication in a bar journal on that topic.  Readings will demonstrate the forms that bar journal articles take, and serve as examples for student pieces, while also exposing students to a wide variety of Indian law topics. Students will turn in and refine multiple drafts of their article, so that by the end of the semester each student should have a piece suitable for publication in The Gavel (the journal of the State Bar Association of North Dakota) or another similar publication.

(3) Presentation: Attorneys often are called on to present for continuing education or in other professional settings.  For the final unit of this course, students will turn their article into a presentation, which they will present to the class, allowing each student to learn from each other’s research. 

Fulfills 2L intensive writing requirement.

Prerequisite: Federal Indian Law, or concurrent enrollment in either Tribal Law or Jurisdiction in Indian Country, or consent of instructor.

Other intensive writing experience approved by the Director - 3 credits

Primary Courses

7 credits minimum

Indian Child Welfare Act #294 - 2 credits

This course will combine an academic and historical analysis of the Indian Child Welfare Act with an examination of how native children are treated in the legal system in the child welfare area, as well as other areas (health care, education, and child support enforcement). The final grade will be based upon the students writing a brief for an Indian tribe, Indian parent, adoptive parent, or other party to an ICWA proceeding in an actual case that has been litigated or completing a comprehensive paper that may satisfy the writing requirement. Students will have the opportunity during the class to hear from tribal leaders, native persons who have been adopted out, and others about the historical displacement of Indian children from their Tribes and the impact of this legacy.

Indian Country Environmental Law #340 - 3 credits 

This course examines how the confluence of federal environmental, administrative and Indian Law creates, but may also solve, environmental injustice in Indian countries. For Indigenous Peoples who seek to maintain connections with their ancient spiritual and religious cultural traditions, effective protection of the natural environment is critical to their cultural identity. The course examines the various Indian country approaches taken by the US Environmental Protection Agency (EPA), including treating Indian tribes “as states,” and the federal cases brought by states and non-Indians challenging EPA’s and tribes’” authority to make binding value judgments about Indian country environmental protection. This seminar fulfills the intensive writing requirement.

Indian Gaming Law #276 - 3 credits

What is Indian gaming, and how did it turn into a multi-billion dollar industry and the most prominent public policy issue concerning Native Americans today? Framed by tribal sovereignty and the federal Indian Gaming Regulatory Act of 1988 (IGRA), this course examines the substantive law governing Indian gaming, as well as the broader political context of reservation economic development through gaming. In just over two decades, Indian gaming has become a $26.5 billion industry with some 440 casinos operated by 230 tribes in 28 states. The course will explore the history of tribal gaming, substantive provisions of IGRA as well as other pertinent federal, tribal, and state law, and the continuing development of case law, statutory and administrative law, and, of course, politics. Topics include regulatory authority, casino-style gaming and tribal-state compacts, socioeconomic effects, revenue sharing, and "off-reservation" gaming.

Indian Law and Tribal Law Seminar #324 - 3 credits

There are three components to this course.  

(1) Research: The practice of Indian and Tribal Law often requires familiarity with treaties, tribal codes, tribal court decisions, and other authorities you might not have learned about in Lawyering Skills. The first part of the course will focus on finding and becoming familiar with these legal authorities. Students will demonstrate their research skills by compiling a “legal history” of a federally recognized tribe. 

(2) Writing: Building on the research skills developed in the first part of the course, students will select a topic (with faculty guidance) in Indian Law or Tribal Law and write an article suitable for publication in a bar journal on that topic.  Readings will demonstrate the forms that bar journal articles take, and serve as examples for student pieces, while also exposing students to a wide variety of Indian law topics. Students will turn in and refine multiple drafts of their article, so that by the end of the semester each student should have a piece suitable for publication in The Gavel (the journal of the State Bar Association of North Dakota) or another similar publication.

(3) Presentation: Attorneys often are called on to present for continuing education or in other professional settings.  For the final unit of this course, students will turn their article into a presentation, which they will present to the class, allowing each student to learn from each other’s research. 

Fulfills 2L intensive writing requirement.

Prerequisite: Federal Indian Law, or concurrent enrollment in either Tribal Law or Jurisdiction in Indian Country, or consent of instructor.

Jurisdiction in Indian Country #256 – 3 Credits

This course examines the overlap of Tribal, State, and Federal jurisdiction on Indian lands, with attention to criminal law and law enforcement powers; the powers of (and limitations on) Tribal, State, and Federal courts; the power of Tribes to regulate the activities of non-Indians in Indian country, and the power of States to regulate the activities of Indians outside of Indian country; and jurisdiction-regulating statutes in fields such as Indian child welfare, Indian gaming, and environmental law.

Federal Indian Law or Tribal Law recommended, but not required.

NALSA Moot Court – 1-2 credits

Members of UND’s Native American Law Student Association may be invited to participate in the national NALSA moot court competition during the spring semester. Students who participate are eligible to earn up to two credits. UND typically sends four students a year to the competition. Participation is only by selection for the university team by the team coach(es).

Race & Justice #270 - 2-3 credits

Race and Justice is an examination of what role race plays in the administration of justice in the United States starting with an analysis of how race was used as a legal construct to elevate the legal standing of certain persons over others based upon race and then how racial disparities continue to exist in our criminal and civil legal systems as a by-product of that era. The course focuses heavily on race in the criminal justice system by examining the impact of the War on Drugs on persons of color and the interaction between the police and people of color. The course offers the option of a final exam or a comprehensive paper on a topic to be approved by the instructor.

Tribal Economic Development #279 – 2 credits

This course provides instruction on the intersection of federal and tribal laws that impact the planning, development and implementation of new businesses or the enhancement of existing businesses in tribal communities. Course instruction also pertains to the many statutory and common laws that may apply to businesses and professionals entering into business relationships with tribal governments and tribal businesses. This course will include application of the laws discussed.

Tribal Externship – 1-7 credits

Students may earn externship credit by working for an Indian tribe or in a related placement like a non-profit or government agency with Indian law as the primary focus. For an externship credit to count toward the Indian Law Certificate it must be approved by the Director of the certificate program. Students have earned credit for externing with local tribes, for agencies like the National Indian Gaming Commission, and for government work like the Senate Committee on Indian Affairs.