This Week’s Research Sessions

Monday, Nov. 16, 2020

• The Technology of Law Practice with Legal Technology & Research Instructional Services Librarian Shannon Kemen
  • 3:00pm – 4:00pm

Tuesday, Nov. 17, 2020

• Prof. McCord, Lawyering I, section 1 with Associate Dean of Library Services Michael Whiteman
  • Researching Statutes
  • 9:00am – 10:25am
  • Zoom
• Prof. McCord, section 3 with Electronic Resources Instructional Services Librarian Ron Jones
  • Researching Statutes
  • 3:30pm – 4:55pm
  • Zoom

Wednesday, Nov. 18, 2020

• The Technology of Law Practice with Legal Technology & Research Instructional Services Librarian Shannon Kemen
  • 3:00pm – 4:00pm

 

Featured Resources

In honor of Native American Heritage Month, we are focusing on Native American law.

Featured Study Aids

• Principles of Federal Indian Law
  • Fletcher’s Principles of Federal Indian Law covers the basics of federal Indian law, the relationships between tribal, state, and federal sovereigns, also touching on federalism, agency law, civil rights, and criminal jurisdiction aspects of Indian law. This concise hornbook offers comprehensive coverage of the blackletter law, with statutory, regulatory, and historical context. The origins behind important doctrines of Indian law and critical statutes are explored in detail.
  • Available via the West Academic study aid subscription
• Mastering American Indian Law
  • Mastering American Indian Law provides readers with an overview of the field. By framing the important eras of U.S. Indian policy in the Introductory Chapter, the text flows through historical up to contemporary developments in American Indian Law. This book covers tribal law, federal Indian law and tribal-state relations. n ten Chapters, the book has full discussions of a wide range of topics, such as: Chapter 2 – American Indian Property Law; Chapter 3 – Criminal Jurisdiction in Indian Country; Chapter 4 – Tribal Government, Civil Jurisdiction and Regulation; Chapter 8 – Tribal-State Relations; and Chapter 9 – Sacred Sites and Cultural Property Protection.Throughout the text, explanations of the relevant interaction between tribal governments, the federal government and state governments are included in the various subject areas. In Chapter 10 – International Indigenous Issues and Tribal Nations, the significant evolution of collective rights in international documents is focused upon as these documents may be relevant for tribal governments in relations with the United States.
  • Available via the LexisNexis Digital Library study aid subscription

Featured Treatise

• Cohen’s Handbook of Federal Indian Law
  • Available 24/7 via Lexis Plus

Featured Database

• Westlaw: Native American Law
  • Provides tribal codes, tribal cases from West’s American Tribal Law Reporter, Nevada Gaming Commission regulations, treatises on Native American law, and more.

Featured Website

• Tribal Court Clearinghouse
  • A website by the Tribal Law and Policy Institute, a Native American operated non-profit dedicated to providing free publication resources, comprehensive training, and technical assistance for Native nations and tribal justice systems. The Tribal Court Clearinghouse provides links to tribal courts, constitutions, codes, and more.

 

Native American Heritage Month

Wednesday, November 18, 2020

• Introduction to Status, Realities, Legal Framework and Future of Indigenous Peoples in the United States and Canada
  • You don’t have to be a lawyer to join the first-ever signature event on behalf of the American Bar Association (ABA), co-sponsored by the Canadian Bar Association (CBA), to celebrate Native American Heritage Month in November. Panelists will discuss the current status and resiliency of indigenous peoples in the United States and Canada. They will address the critical question of how past discriminatory – and even brutal governmental policies – led us to the current status of indigenous peoples today. More importantly, the panelists will discuss what steps, laws, and policies can be taken to improve the lives of indigenous peoples in the United States and Canada. The panelists will compare and contrast the history, status and future of the First Nations People in Canada vs. American Indians and Alaska Natives in the United States. After the panel discussion, the audience will gain a high-level overview of the issues around indigenous populations.
  • 1:00pm
  • Registration

 

Standing Bear v. Crook (1879)

[youtube https://www.youtube.com/watch?v=LzkYCeO-gYE]

In the 1870s and ’80s, Chief Standing Bear’s declaration of his humanity in a powerful courtroom speech established him as one of the nation’s earliest civil rights heroes. Standing Bear v. Crook was a landmark Native American civil rights case decided in 1879. In 1877, federal troops removed over 700 members of the Ponca Tribe to Indian Territory in Oklahoma. Shortly after their arrival in Oklahoma, Standing Bear’s oldest son Bear Shield died. Standing Bear wished to return to his original homeland, on the Nebraska-South Dakota border area to bury his son and so left Indian Territory. Since Standing Bear and the other Poncas in his party had left Indian Territory without permission, they were arrested and detained at Fort Omaha. Standing Bear sued for habeas corpus relief. The U.S. government argued, “that [Standing Bear] was neither a citizen, nor a person, so he could not sue the government.” Standing Bear’s lawyers argued that under the Fourteenth Amendment, Standing Bear and his fellow Ponca were both citizens and people and entitled to the same constitutional rights as other citizens of the United States. Judge Dundy’s opinion fundamentally agreed with their argument; he wrote, “That an Indian is a PERSON within the meaning of the laws of the United States….” The decision in the case was the first time a Native American was recognized – not as a ward of the government – but as a person under the law who has inalienable rights of life, liberty, and the pursuit of happiness.

 

Exams Are Coming — The Law Library Can Help!

Be sure and check out the many resources that the Law Library provides to help you with final exams:

• Old / Practice Exams
• CALI Lessons
• Lexis Overdrive Study Aids
  • If accessing study aids from Lexis OverDrive, you will need to login using your UC credentials.
• West Academic Study Aids
  • To access from off-campus, you will need to create an account. To create an account, click the Create an Account link at the top right corner of the Study Aids Subscription page. Use your UC email as the email address. Once you have filled in the required information to set up an account, you will need to verify your email address (they will send you a confirmation email that you will need answer to verify the email address — be sure and check your junk mail).
• Wolters Kluwer Study Aids
  • If accessing study aids from the Wolters Kluwer subscription, you will need to login using your UC credentials.
  • Video on using WK study aids