The topics for discussion in this course are set in the syllabus up until the final weeks. Those final weeks will give the class an opportunity to choose the topics that may interest them. Similarly, the paper for this course will be written on a topic of American Indian Law that you find interesting. This page of the research guide is meant to give you a couple of ideas for discussion topics and/or paper topics. The information on this page will let you know what kind of information is out there on these and other topics. We've also included a list of other possible topics to consider.
These topics and notes about them are provided by Prof. Zimmerman.
Mille Lacs Reservation
Red Lake Reservation (MN)
McGirt v. Oklahoma
The following tribes in Region 5 are all involved in active challenges or declaratory judgment suits over their respective reservation boundaries – challenges are between tribe and county; tribe and state; and tribe and village, respectively:
Land reclamation (where the reservation may have been unlawfully diminished)
ICWA ruled unconstitutional in Brackeen v. Zinke
Hardrock mining, found throughout the Midwest (MN, MI, and WI) can cause diminishment of treaty resources. How much can a treaty right be diminished before there is actually harm to the treaty right?
Many federal programs are intended to be primarily implemented by states while the federal regulations/statute maintains a minimum federal floor. where tribes cannot regulate and the federal government has not stepped in to provide specifics for these programs in indian country, there may be a disparity of protection between tribal communities and their state counterparts across the reservation border. relating to this is another unresolved issue, which is. . . (see next box re: border patrol and federal immigration enforcement)
Tohono O'odham (AZ) provide a good lens into issues as well as international and environmental law implications of Trump's proposed border wall on native and sacred land
Indian communities may choose to host hazardous waste storage facilities on their lands for economic reasons, or sometimes such sites are located in Indian Country because of a ‘not in my backyard’ view of non-Indians. Examples include radioactive waste and the Goshute Indian reservation; radioactive/uranium mining issues at Navajo reservation; a nuclear reactor sited adjacent to the Prairie Island Indian community (MN).