Tribal Law and Government Center

Effectively representing Indian nations and tribes requires an understanding of the laws, history and policies that affect them. For more than 200 years, the United States has pursued conflicting policies for dealing with the indigenous peoples located within its borders. As a result, there exists an extremely complicated body of federal, state and tribal law that affects every aspect of indigenous life.

The complexity of "Indian law," and the lack of specific programs designed to educate graduates about the unique legal and cultural needs of Indian people, has created a situation in which lawyers representing Indian tribes place too great an emphasis on state law and federal law when dealing with Indian nations. As a result, these lawyers may unconsciously be contributing to the weakening of unique tribal legal and governance traditions by recommending the adoption of tribal laws and policies founded upon the Anglo-American legal and political traditions rather than the unique traditions of their tribal clients.

Curriculum

Core courses

Sovereignty, Self-Determination and the Indigenous Nations
Examines legal, governmental, political, social, cultural, and economic issues associated with American Indian tribal sovereignty and self-determination. Includes the source and scope of tribal sovereignty; the threats to tribal sovereignty; and the methods by which tribal sovereignty can be strengthened and revitalized.

Native American Natural Resources
This course provides detailed examination of natural resource law as it applies to Indian country. Among the topics to be discussed are water law, environmental protection, and subsurface property rights. While not a prerequisite, it is recommended that students take Federal Indian Law before enrolling in this course.

Federal Indian Law
Addresses the law and policy of the United States regarding Indian nations and their members. Issues include: the origins and contours of federal plenary power over Indian affairs, the scope of inherent tribal sovereignty, the limits of state power in Indian country, civil and criminal jurisdiction, and gaming.

Comparative Law
A general introduction to and comparison of major legal systems of the world, with special emphasis given to how those systems reflect differing cultural values in addressing common legal questions. A major goal of the course is to deepen the students' understanding of law and practice in the United States and to broaden their perspective of law beyond the boundaries of the common law systems.

Special Topics in American Indian Law
This encompasses courses that may be taught on occasion and includes courses such as Indian Gaming and Economic Development in Indian Country.

Students may also take any three of the following courses that relate to the practice of tribal law:

  • Federal Courts and the Federal System
  • Legislation
  • Public International Law
  • International Law Seminar
  • Alternative Dispute Resolution
  • Business Associations I
  • Public Lands and Natural Resources
  • Water Law
  • Local Government Law
  • International Human Rights
  • Oil and Gas

Certificate Program

The Tribal Lawyer Certificate Program is designed to ensure that law students aspiring to a career representing Indian nations have the skills necessary to appreciate and strengthen the unique nature of indigenous tribal legal systems.

Clinical Programs

The Tribal Judicial Support Clinic gives second- and third-year students the opportunity to assist tribal court systems through a variety of projects. Although the Tribal Law & Government Center gives priority to the research requests of regional tribes (Kansas and Oklahoma), clinical students have worked on projects for tribal courts throughout the nation.

Students also may be interested in the Legislative Clinic, in which they intern for members of the Kansas Legislature and study advocacy in the legislative process.

Other Opportunities

Many students interested in tribal law choose the joint degree program in Law and Indigenous Studies, which allows them to obtain both a J.D. and an M.A. in three to four years. KU's joint degree in Law and Indigenous Studies is one of only three such programs in the United States.

In addition to course offerings, KU Law hosts the annual Tribal Law and Government Conference, which devotes significant scholarly attention to the study of organic tribal law, modern tribal governments and the evolution of tribal common law. The conference highlights how works of scholars and tribal jurists addressing the emerging and historical problems of indigenous law and governance are critical to strengthening tribal sovereignty. The presentations are published annually in the KU Journal of Law and Public Policy.

KU's Native American Law Students Association is an organization of dynamic students, both Indian and non-Indian, who organize annual service projects and social events. NALSA members attend National NALSA conferences and participate in the National NALSA Moot Court Competition. On two occasions, the KU team has won first place in the competition. NALSA members also routinely attend the annual Federal Bar Association's Indian Law Conference in Albuquerque, N.M. Group members also provide mentoring and study materials.


The University of Kansas prohibits discrimination on the basis of race, color, ethnicity, religion, sex, national origin, age, ancestry, disability, status as a veteran, sexual orientation, marital status, parental status, gender identity, gender expression and genetic information in the University’s programs and activities. The following person has been designated to handle inquiries regarding the non-discrimination policies: Director of the Office of Institutional Opportunity and Access, IOA@ku.edu, 1246 W. Campus Road, Room 153A, Lawrence, KS, 66045, (785)864-6414, 711 TTY.