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Program Details
On Demand

Native Land Law Series: Principles 2, 10 & 13: The Discovery Doctrine, Plenary Power & Termination

Content Partner:  Indian Land Tenure Foundation (ILTF)
Price: $175.00*
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The US Supreme Court has called the power of Congress over Indian nations plenary” and based, in part, on the Doctrine of Discovery.  The courts have upheld the termination of Indian nations, the taking of aboriginal territory without compensation, and the removal of Indian peoples to lands not part of their aboriginal territories.
This plenary power is not considered absolute but consists of all the power necessary to effectuate Congress's authority, as in the Necessary and Proper Clause. However, the only limits to congressional power recognized by the courts have been those limits that Congress has placed on itself.
Tribal nations must continually inform and contest these decisions through education and lobbying in the corridors of Congress and through grassroots activism and litigation.  National Indian organizations such as National Congress of American Indians, National Indian Education Association, Native American Rights Fund and many others have been an important bulwark against the fear that Congress will use this plenary power to damage and even destroy Indian nations.
Explore legal underpinnings of the Discovery Doctrine and plenary power.
Review analysis under current majority opinions and alternative analyses offered in Native Land Law. 
 Gain deeper understanding of priorities of Indian nations on the national political stage.
Interested in learning more?  Be sure to check out  the book Native Land Law.  
This groundbreaking legal treatise (a companion guide to the Native land law CLE series) advances a new framework of law that is fair and workable within a U.S constitutional framework. It offers insightful historical and legal analysis of key laws and court rulings that impact Native land law and provides critical arguments to represent the interests of Indian nation governments today.

Practice Areas: Constitutional Law, Native Populations & Tribal Law
Online Media Type: Video
Production Date: 05/14/2013
Level: Intermediate
Category: Standard
Duration: 1 Hours, 43 Minutes
Online Format: On Demand
Course Type: Public

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Purchase of this product provides online access for 180 days. If you are purchasing a live webcast, you will receive complimentary access to the on demand version for 180 days once it becomes available. Please note that the on demand and podcast versions may, or may not be accredited in your state.

If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance.  Credit totals for other formats are for complete programs.  Partial credit is not available for any online or downloadable format. 


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Credit Eligibility:
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Total Credits: 1.5
Specialty Credits: 
Status: Reciprocal Credit Available
Expiration: N/A
Training Type: Online

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Lindsay Robertson - Faculty Director, American Indian Law and Policy Center Associate Director, Inter-American Center for Law and Culture Judge Haskell A. Holloman Professor of Law, University of Oklahoma College of Law
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