Below is the abstract for “Teaching Indian Law in the 21st Century” available for download on SSRN.

Since the first Indian law classes were offered in the late 1960s and early 1970s, law teachers mostly have considered the field a niche specialty, even a backwater, unnecessary to anyone not likely to go into law practice in Indian country. In those days, law teachers focused on treaty rights fights. Treaty rights are a critical but small part of Indian country practice. Lawyers in modern day Indian country handle virtually every kind of matter taught in law schools in addition to the Indian law-specific subject matters. Beginning in the 1990s, American Indian tribal nations started to become critical factors in governmental and economic activity throughout much of the United States.

In the 21st century, many law schools offer Indian law — and occasionally offer additional, specialized courses — but generally are still far behind the curve. Worse, when it is offered, the Indian law canon tends to be taught in ways that ignore contemporary tribal agency by emphasizing historical events over modern issues. Modern tribal nations make their own laws. Here I give examples of tribal court cases and tribal statutes law teachers can use to incorporate Indian law into virtually any common law course.

Matthew L.M. Fletcher

Reporter, American Indian Law Restatement

Matthew L.M. Fletcher is the Harry Burns Hutchins Collegiate Professor of Law at University of Michigan Law School. He teaches and writes in the areas of federal Indian law, American Indian tribal law, Anishinaabe legal and political philosophy, constitutional law, federal courts, and legal ethics.  He is a member of the Grand Traverse Band of Ottawa and Chippewa Indians and sits as the Chief Justice of the Pokagon Band of Potawatomi Indians and the Poarch Band of Creek Indians.

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