Summer Indian Law Program
Summer Indian Law Program
June 10 - July 12, 2013
Spend the summer in beautiful Missoula, Montana studying Indian Law! The University of Montana, School of Law invites you to participate in the sixth annual American Indian Law Summer Program, June 10 - July 12, 2013. Students will have the opportunity to gain knowledge and practical skills from Professors and Practitioners with decades of experience relating to the subject area they are teaching.
Enrollment for CLE Credit
Lawyers who attend earn 13 or 14 CLE credits per course. Names of those attending for CLE credit will be submitted to the State Bar of Montana. In the alternative, attendees can simply self-report on their CLE affidavit. Click here for a schedule of courses and CLE credit.
Any lawyer wishing to attend, who is not already enrolled for academic credit, must pay $375 per course to earn CLE credit.
Registration and payment can be made on the first day of the course via credit card or check made payable to The University of Montana School of Law. Courses have a varied numbers of seats open for attorneys. Please see individual descriptions below. To pre-register for a course, please email Patience Woodill email@example.com. Attorneys may register up to the first day of class. Attendance at all sessions is required for full CLE credit.
Enrollment of Law Students, Graduate and Undergraduate Students, please visit the School of Extended & Lifelong Learning for registration information, or contact LisaMarie Hyslop, UM School of Law Registrar at 406-243-2690.
2013 Course Information
All classes are scheduled to be held in the Law Building, Room 215.
Criminal Jurisdiction in Indian Country
Approved for 14 CLE credits. (Course #19448) This course provides information about crime and criminal jurisdiction in Indian Country. Topics include an overview of the laws affecting criminal jurisdiction, some of the unique criminal problems affecting Indian Country, traditional methods of resolving unacceptable behavioral problems within tribal communities, and the evolution of current responses to crime within Indian Country. Following completion of the course, students should have a basic understanding of the foundational principles relating to crime and law enforcement in Indian Country.
Domestic Violence in Indian Country
Approved for 14 CLE credits. (Course #19452) This course looks at the dynamics of domestic violence within Indian Country, the jurisdictional challenges associated with addressing this issue, the various federal and tribal law applicable to domestic violence situations, and what tools are being used in response to domestic violence within Indian Country. Following completion of the course, students should have a basic understanding of the foundational principles relating domestic violence and the jurisdictional factors that impact effective enforcement of domestic violence laws within Indian Country.
Prof. Andrew King-Ries has taught Criminal Procedure, Criminal Law, Domestic Violence, Juvenile Justice, Law & Literature, White Collar Crime, Evidence and Constitutional law. He was a speechwriter for the Secretary of Education, Lauro Cavazos; a clerk of the United States Court of Appeals of the Eight Circuit; and for eight years was a prosecutor for the King County Prosecutor’s Office in Seattle Washington, specializing in domestic violence cases.
Energy Development in Indian Country
Prof. Daniel Belcourt
Attorney, Belcourt Law, P.C. (Chippewa)
June 24 - 27, 2013
Monday - Thursday
9 am - 12:30 pm
Approved for 13 CLE credits. (Course #19451) A significant amount of land owned by the U.S. government is held for the benefit of the general public and must be managed in light of that purpose. Managers of federal public lands must balance a number of competing uses, including 1) preserving environmental, historical, and cultural resources; 2) protecting the environment and public health; and 3) accommodating religious practices.
This course examines the domestic and international laws that govern this delicate balance. Examples of such laws include the Endangered Species Act, the UN Declaration on the Rights of Indigenous People, the National Environmental Policy Act, the National Historic Preservation Act, and the American Indian Religious Freedom Act. Students will also learn negotiation strategies, as the course will use role play and negotiations as a vehicle for learning and applying the substantive law.
Daniel Belcourt is owner of Belcourt Law, P.C., a law firm that specializes in Indian law. Prior to opening his own law firm in 2006, Mr. Belcourt was a partner with the law firm of Smith, Doherty & Belcourt and in-house counsel to his tribe, the Chippewa Cree tribe of the Rocky Boy reservation from 1994-2002. Mr. Belcourt has a broad array of experience in all aspects of tribal government representation. He has represented tribal governments in matters before the U.S. Congress, state legislatures, federal agencies, and in litigation before federal, state and tribal forums. While obtaining his masters of law in environmental and natural resource law, he also served as Attorney General to the Colorado River Indian Tribe in 1998.
Indian Child Welfare Act
Approved for 13 CLE credits. (Course #19449) This course looks at past federal policies which resulted in the removal of Indian children from their families and lead to Congress passing the Indian Child Welfare Act. The course discusses the legal requirements of the Indian Child Welfare Act, various aspects of working with Indian families, potential conflicts with state and other federal laws, and the difficulties in getting compliance with the Act.
Professor Maylinn Smith has been Clinical Supervisor and Director of the Indian Law Clinic since 1994. She had taught Federal Indian Law, Advanced Problems in Federal Indian Law, Federal Courts, Tribal Courts/Tribal Law, Fundamental Lawyering, Tribal Criminal Law and Procedure, and the Indian Child Welfare Act. Professor Smith served as Chief Judge of the Southern Ute Indian Tribe, as an Appellate Judge for the Southwest intertribal Court of Appeals, as the Chief Appellate Judge for the Assiniboine and Sioux Tribes and as legal counsel for the Salish and Kootenai Tribal Court.
Indian Water Law
John Carter, Attorney
Confederated Salish and Kootenai Tribes
July 8-12, 2013
Monday - Friday, 9 am to Noon
Approved for14 CLE credits. (Course #19450) This course starts with an introduction to state, federal and Indian water law. It then addresses the unique attributes of Indian reserved and aboriginal water rights. It includes discussions on protection of Indian water rights, state-tribal water disputes and the preemptive role of Congress in Indian Country.
John Carter has represented the Confederated Salish and Kootenai Tribes of the Flathead Nation for thirty years, primarily in the field of water law, natural resource protection and development and on treaty issues. His practice involves extensive litigation in these areas and work with the Montana Legislature and U.S. Congress. Mr. Carter practices in the trial and appellate courts of the Confederated Salish and Kootenai Tribes, the State of Montana and the Federal Courts.