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Native American and Indigenous Rights 

  Professor Rice 

This Course is an advanced study of the impact of international law in the development and future of federal Indian law. It considers international legal developments which affect indigenous peoples within the borders of the nation-states.  We will survey international law affecting indigenous peoples from early thinkers and Judges through recent policies as reflected in the United Nations' Declaration of the Rights of Indigenous Peoples, the International Labor Organization Convention No. 169, and others.  Most of our time during this course will be spent considering the impact of developing International law norms affecting the Human Rights of Indigenous Peoples.  We will also look at Indigenous peoples from other parts of the world.

Grades: Active classroom participation is required.  Your grade will be based upon your class attendance and participation as well as your performance on the term paper and preparation of any class project which may be assigned.   The term paper will be due on the last day of final examinations.

As to paper topics, students pick or are assigned some aspect of federal or tribal Indian law to determine whether that law is consistent with the developing International law norms in the applicable area.  For instance, if the Indian Child Welfare Act is the topic, the treatment of Indian children under its provisions would be considered to determine whether that legal treatment is consistent with the Declaration on the Rights of Indigenous Peoples, the Convention on the Rights of the Child, ILO Convention 169, and any other international human rights instruments which might be applicable.  If not, the student would be expected to make rational and reasonable suggestions as to how to bring the current legal regime into compliance with the applicable international norm.

Late papers will be reduced by one letter grade for each day or portion of a day that it is late.  After three absences or three days on which you are not prepared to participate meaningfully in the class discussions, I reserve the option of reducing your grade in the class.

Classroom projects generally are short presentations about an Indigenous group or community from somewhere outside the US / North American area.

I have given you my phone numbers so that you can call me when and if you need to. You may, and are encouraged, to call me whenever you wish.  Please feel free to contact me at home if you want to discuss anything with me.  If I do not call you back, it is because I have not gotten your message, so please try again or send me an e-mail.  I read my e-mails regularly, so that is the most reliable way to get a question or message to me.