Federal Indian Law

This course will review and analyze the relationship between the Unites States Government and the Native Indian Tribes within its border. The U.S. Constitution under Article I Sec. 8 Paragraph 3 grants the U.S. Congress the authority “To regulate Commerce with foreign nations, and among the several states, and with Indian Tribes.” Pursuant to this clause, the Federal Government has the primary responsibility for dealing with Indian Tribes. The law and U.S. public policy relating to the Native Nations and its members has evolved continuously since the founding of the United States.

This course will require closer study of United States history from its founding to the present day. This history is dynamic and will require a strong analytical critical challenge for the failures of the Federal Government in pursuing its policy trying to protect and recognize cultural differences and political autonomy. It should be noted that we shall view the historical relationship with a critical edge in seeking to process policy and enforceable law.

We shall therefore be studying Federal Indian Law rather than Tribal Law, although we may contrast the adoption of several provisions of the Iroquois Confederacy tradition by the Founding Fathers.

We shall therefore be required to reconsider the development of history and the policy adopted by treaties and federal statutes beginning with the first ratified treaty between the United States and an Indian Tribe: The Treaty of Fort Pitt with the Delaware Nation Sept. 17, 1778, 7 Stat. 13.

The historical dimension of the relationship between the Indian Tribe and the Federal Government cannot be ignored. It is the underpinning of this course and viewed through the spectrum of Federal Treaties, Statutes, and Supreme Court opinions.

Volunteer Income Tax Assistance Program

This course will provide a detailed conceptual and practical focus on the foundation of tax practice: the individual income tax return. Working in partnership with the IRS Volunteer Income Tax Assistance (VITA) program, students will learn how to prepare individual federal income tax returns for low-income clients and will become certified by the IRS at the advanced level. Throughout this process, students will bring theory and practice together by studying the Internal Revenue Code provisions that form the basis for the tax benefits most commonly claimed by low-income clients. Students will also learn how to interview clients, gather and investigate relevant facts, work with our VITA colleagues, and track all case activity and documents in client case management systems.

January Intersession Course: In-Person Attendance Required 

IP and Entrepreneurship for Indigenous Community Development

This course is held in conjunction with the World Intellectual Property Organization, the University of Hawaii, and UNH Franklin Pierce.  This main objective of this course is to understand the role of intellectual property in entrepreneurship and how lawyers can support entrepreneurs to best develop and manage intellectual property (IP) assets, integrate them into a successful business, and align the company’s IP strategy with its business strategy.  The course will apply these concepts to case studies involving indigenous and Native Hawaiian business and community development, and will discuss international, regional and national experiences, policy options and legal mechanisms available or under consideration for the intellectual property protection of traditional knowledge and traditional cultural expressions. 

The course will introduce students to different types of IP (copyright, trademark, patents, and trade secrets) and discuss their uses in companies at various stages of development. The course will cover best practices for developing, protecting, licensing, and enforcing IP rights.  The course will apply these concepts to existing indigenous – including Native Hawaiian – business and community development efforts, and introduce students to the legal mechanisms available (or not) for IP protection of traditional knowledge and cultural expression. 

The students will also engage in applied learning through simulations and reflection.