American
Indians & the Constitution2004 Fall Quarter
The Evergreen State College
ACADEMIC ACTIVITIES
The following are the primary academic activities of the program, aimed at honing your critical thinking, speaking and writing skills:
Reading. You will be expected to read the assigned material carefully and analytically.
Case Analysis. Using the Socratic method, we will analyze the major court decisions affecting American Indians: what were the specific legal issues before the court, what was its holding, what was its rationale and how did it change the political and legal standing of American Indians as per prior understanding of what laws were applicable to American Indians and how they should or should not be applied? What are the implications for sovereignty? One dictionary definition of the Socratic method: "instruction by questions and answers, as adopted by Socrates in his disputations, leading pupils either to a foreseen conclusion or to contradict themselves." This, instead of lectures, is the standard method of instruction used in law schools. While it is quite effective to help students develop their critical thinking skills, it can be quite intimidating in the hands of unforgiving instructors. In this class, we will use a benign version of the Socratic method, hopefully avoiding its menacing tendencies. Only if you come to class unprepared will you likely feel ineffectual or distressed.
Seminar. This is different from case analysis. For one thing, we will not be using the Socratic method, which is strictly controlled and directed by the faculty member. Second, in seminar we will be emphasizing issues, and hopefully students will be in control most of the time. Always come to seminar well prepared so that you can be in control.
Writing. The following writing will be required:
- Case Briefs. You will be required to maintain a notebook in which you "brief" each major case we read. "Brief" here does not mean a lengthy writing as in a legal brief. To brief a case means to succinctly summarize each of the following, preferably using one sentence for each: Who were the parties to the case? What is the issue (legal question) involved? What was the holding (decision) of the court? What was its rationale? In the law workshop, you will be taught how to do a case brief. You will hand in your case briefs on a daily basis.
- Response Papers. As a way of acquiring greater depth of understanding regarding some key issues, we will read books rather than study court cases. In those instances, you will be required to write a two-page response paper as per instructions that you will receive.
- Appellate Brief. You will be required to write a formal appellate brief on an actual Indian Law case recently decided by the U.S. Courts of Appeal and reviewable by the United States Supreme Court. This appellate work will be collaborative, with each student teaming up with another student to serve as "co-counsel" for either the petitioner or the respondent in the assigned case. You will learn how to write the different components of the brief in workshops throughout the quarter.
- Web Discussion. If students opt to have the Friday seminar online rather than face-to-face, each of you will be part of an online asynchronous (message board) discussion group (of 8 - 9 students). You will also receive specific technical instruction on how to use Web Crossing, the medium we would use to post critical comments and responses.
Final Examination. The final week of class there will be a written final examination. It will consist of an essay question and/or hypothetical case involving a legal controversy affecting American Indians and their tribes. Don’t try to cram for this test; it won’t work. If you do your academic work well throughout the quarter, you will be more than ready to render a decision with stellar legal analysis!
