University of Alaska Fairbanks

Tribal Management Program

College of Rural and Community Development

Interior – Aleutians Campus

Harper Building P.O. Box 756720 Fairbanks, Alaska 99775-6720

(907) 474-5710 toll-free 866-474-5710 FAX # (907) 474-5561

TM 113 Tribal Code Development

1 Credit

Course Outline and Syllabus

Instructor:

Kevin M. Illingworth, JD

907-474-5710 907-474-5561(fax) 1-866-474-5710(toll free)

Course Description:

This course focuses on development of written Tribal Codes, including the importance of incorporating traditional unwritten laws and values into modern written codes. Particular attention will be given to the relationship between written tribal laws and tribal justice systems.

Course Goal:

Students will understand the importance of and be able to draft written tribal laws.

Student Learning Outcomes:

On completion of the course the student should be able to:

1)  Understand the basic elements of Federal Indian Law as it applies to the development of tribal laws, including the Indian Civil Rights Act.

2)  Demonstrate an understanding of the role of the tribal government in writing tribal laws.

3)  Effectively communicate the continued importance of unwritten and traditional laws.

4)  Understand the significance of Due Process in tribal government.

Instructional Methods: Instructional methods will include a combination of lecture, individual and small group discussion.

Course Policies: Attendance at all three days is mandatory. Students are expected to actively participate in class discussions and to contribute to group activities.

Text: Tribal Court Development Alaska Tribes. Jaeger, Lisa TCC 2002, 3rd Ed.

Coursepack and other materials will be distributed in class

Office Hours: Since this is a 3 day intensive course, no office hours are scheduled. However, instructor will attend all sessions of the course and will be available via phone and fax for student contact after course contact period.

The Tribal Management Program can be reached toll-free at 1-866-474-5710


Evaluation and Grading:

This course will be graded pass/fail. In order to receive a passing grade, participants must receive a 70% or higher grade. Participants are expected to attend and actively participate in all sessions of this course. Participants will be assessed based upon practical application of skills and demonstration of course objectives.

Effective Participation and Leadership 30%

In-class exercise and demonstration of skills 40%

1)  Traditional Law Exercise

2)  Community Engagement Exercise

3)  Code Drafting Exercise

4)  Small Group Presentation: Written Tribal Laws

Course Notebook/Journal 30%

Effective Participation and Leadership (30%): Active participation during the entire 3-day classroom session is required to pass this course. Students are expected to actively participate in all group discussions, and demonstrate leadership ability.

In-class Exercise and Demonstration of Skills (40%): Participants are required to participate in all in-class exercises and to demonstrate application of course objectives.

Course Notebook/Journal (30%): Participants are required to keep a course notebook for the session. The course notebook should include notes on the presentations and reflections on how the information presented could affect the students’ village. The notebook will be presented to the instructor at the end of the workshop, and then returned to the student.

Support Services: The instructor is available upon appointment for additional assistance outside session hours.

Disability Services: UAF Disability Services for Distance Students

Disability Services provide a variety of services to assure equal access for all students. Interpreting services, educational assistants, note taking, and exam accommodations for students are the most frequently provided accommodations.

The staff of Disability Services works with faculty in arranging appropriate services in the classroom. Questions should be directed to the Director of Disability Services at (907)-474-5655.

http://www.uaf.edu/disability/


TM 113 Tribal Code Development

Daily Schedule

Day 1

Morning:

9:00 am Introductions

Þ  Introduce yourself

Þ  Discuss your work in the community

Þ  Explain what you want to learn most in this class

Presentation and discussion: Federal Indian Law and Tribal Laws

Noon - Lunch

Afternoon:

1:00 pm Presentation and discussion: Role of the Tribal Council

Unwritten and Traditional Law

Traditional Law Exercise

Writing Tribal Laws

4:00 pm Done for the day

Homework: Read “Tribal Constitutions”

“The Relationship between Written and Unwritten Law”

“Enforcement of Tribal Court Decisions”

Day 2

Morning:

9:00 am Presentation and discussion: Building Community Support

Due Process, PL 280 and Tribal Governments

Community Engagement Exercise

Noon - Lunch

Afternoon:

1:00 pm Presentation and discussion: Code Drafting Exercise

4:00 pm Done for the day

Homework: Read “Tribal Code Drafting”

Day 3

Morning:

9:00 am Presentation and discussion: Group Presentations: Written Tribal Laws

Compare/Contrast Codes

Reviewing and Improving Tribal Codes

1:00 pm Done for the day

If you have any questions, feel free to can me at 1-866-474-5710