Professor John P. LaVelle

Contact Information

Ph.: 505-277-0951
Fax: 505-277-1597
Office: 3234

John LaVelle

Professor of Law
Dean's Award for Distinguished Law School Service

A.B. 1987, Harvard University
J.D. 1990, University of California at Berkeley (Boalt Hall)
Member of the South Dakota Bar

Profile

John P. LaVelle, an enrolled member of the Santee Sioux Nation, holds the title of Dickason Professor of Law and directs the Indian Law Program at the University of New Mexico School of Law. He received his bachelor of arts degree from Harvard University and his juris doctor degree from Boalt Hall School of Law, the University of California at Berkeley.

Professor LaVelle is a member of the executive committee for Cohen’s Handbook of Federal Indian Law, the preeminent treatise in the field of Indian law. In that capacity he helped author and edit the watershed 2005 edition of Cohen’s Handbook as well as the treatise’s 2007 supplemental update. Professor LaVelle also has served as a co-chair and of the Federal Bar Association’s annual Indian Law Conference, held each spring in Albuquerque, and as chair of the Association of American Law Schools Section on Indian Nations and Indigenous Peoples.

Professor LaVelle’s publications address Indian people’s involvement in the American political system, crosscurrents in the United States Supreme Court’s Indian law and federalism jurisprudence, and collaboration between Indian tribes and conservation organizations for restoring tribal sacred lands, including the Black Hills of South Dakota. His latest research focuses on alterations in longstanding doctrines of Indian law stemming from recent Supreme Court decisions, especially those dealing with the extent and limits of tribal and state jurisdiction in Indian country.

Courses

Administrative Law

Administrative Law

This basic 3 hour course in Administrative Law seeks to provide exposure in some depth to the fundamental principles of Administrative Law. It will use a traditional casebook, focused on federal administrative law - where the core principles have been most fully developed. The course will also examine how those principles have been applied in the context of state administrative law, seen through the lens of New Mexico administrative law and practice.

The course will be taught in three fundamental blocks dealing with:

  1. the nature and purpose of administrative agencies, including their statutory mandates, the non-delegation doctrine, and methods of executive, legislative and judicial oversight;
  2. the essential functions of administrative agencies, including various methods of policy formulation, the exercise of adjudicatory power, the exercise of rule-making power, the enforcement of administrative decisions, and the processes of licensing; and
  3. indirect controls on administrative agencies via freedom of information laws and legal requirements making administrative processes open to public scrutiny.

Conflicts of Indian Law

Conflicts of Indian Law

Course Description

This variable-credits seminar focuses on conflicting assertions of tribal, federal, and state authority affecting Indian tribes in Indian country. The objective of the seminar is to facilitate a deeper understanding of the origins, essence, and trajectory of current doctrine and theory defining the scope and limits of tribal, federal, and state power in Indian country. Special attention is paid to the emergence and dominance of the discrete but related concepts of the "implicit divestiture" of tribal sovereignty, state infringement of tribal self-government, and federal preemption of state authority in Indian country. Supreme Court cases addressing these concepts will be examined in detail, with students assigned to initiate discussions of cases on a rotating basis. Occasionally, important articles by Indian law scholars and other commentators also may be assigned.

There are no exams for this seminar. Instead, the seminar entails two writing components: (1) a midterm paper tracing and critically evaluating the development of the doctrines of state jurisdiction in Indian country, as covered in class; and (2) a mock Supreme Court opinion reversing an assigned actual or hypothetical lower court decison regarding tribal jurisdiction in Indian country, due at the end of the semester. Grades are based on the quality of students' written work and classroom participation.

To enroll in the course, students must have taken Indian Law previously, or be concurrently enrolled in Indian Law, or else have obtained the professor's permission based on significant previous Indian law-related work or study.

Indian Gaming

Indian Gaming

This course examines the various legal and political issues facing the enterprise of Indian gaming. The course materials will include the Indian Gaming Regulatory Act, applicable regulations, selected gaming compacts, and the leading cases.

Indian Law

Indian Law

This course examines the power of the Indian tribes and the relationships among tribes, states, and the United States. Emphasis will be given to jurisdictional interfaces and conflicts among the three sovereignties.

Indian Tax

Indian Tax

Course Description

This course deals with problems of tribal, state, and federal taxation within Indian country. The first half of the semester involves general reading of the leading cases. The second half of the semester involves a set of transactional problems and the tax consequences that flow from those problems.

Jurisdiction in Indian Country

Jurisdiction in Indian Country

This course explores core doctrinal developments in the field of federal Indian law, paying close attention to Supreme Court decisions bearing on the scope of tribal and state governing authority in Indian country. We will study the Court's cases chronologically, endeavoring to follow the historic development of two overarching doctrinal themes: (1) federal preclusion of state authority in Indian country (including the modern preemption and "infringement" theories); and (2) federal recognition of the extent and limits of inherent tribal sovereignty (including the "implicit divestiture" theory). We first will examine closely the full majority opinions and selected and edited concurring and dissenting opinions from the early Indian law cases of the John Marshall Court, with a view toward discerning how these opinions either foreshadow or clash with later doctrinal developments. We then will critically examine the subsequent cases that elaborate the state-power and tribal-power doctrines indicated above. To aid us in our study, we occasionally may supplement our reading of the Supreme Court's Indian law cases with articles by Indian law scholars and other commentators.

Natural Resources: Indian Country

Natural Resources: Indian Country

Course Description

This course addresses issues of ownership, regulation, and jurisdiction that arise in the unique context of the management of natural resources in Indian country. Specific topics include ownership of land and water resources on Indian reservations; land use and environmental protection in Indian country; taxation of natural resources in the reservation setting; federally reserved Indian water rights; and off-reservation Indian hunting, fishing, and gathering rights. To enroll in this course, students must have taken the basic introductory Indian Law course or have obtained special permission from the instructor.

Practicum

Practicum

One-hour Practicum Course accompanying the Torts, Contracts, and Criminal Law Courses

The Practicum Course is not really a separate course; rather, it is a hands-on, practice-based extension of the Torts, Contracts, and Criminal Law courses. Students explore the theoretical connections among the three courses in the context of resolving simulated but realistic client problems. The course stresses practical and analytical skills through writing exercises while also exploring substantive law questions that are addressed in other first semester courses.

Sexual Orientation & Law

Sexual Orientation & Law

Course Description

This variable-credits seminar provides a survey of the legal landscape in the United States relating to the rights of lesbian, gay, bisexual, and transgendered people. The seminar uses the newly published third edition of the groundbreaking casebook by Professors William Rubenstein, Carlos A. Ball, and Jane S. Schacter, Cases and Materials on Sexual Orientation and the Law, which interweaves the relevant legal issues with broader historical, sociological, and literary perspectives. Specific topics include sexuality and liberty; sexual identity and equality; workplace discrimination against LGBT people; the coupling and parenting rights of same-sex partners; and the differences and similarities between sexual orientation and gender identity discrimination. The seminar will be co-taught by Professor John LaVelle and Lynn E. Mostoller, an associate with the law firm of Keleher & McLeod. The seminar will feature occasional participation by guest attorneys and activists who will discuss the development of sexual orientation policy and the practice of sexual orientation law in New Mexico. Each student is required to complete, in stages, a final paper on a sexual orientation law topic of that student’s choice, with additional requirements for students who elect to use this seminar to fulfill the law school’s writing requirement.

Torts

Torts

Torts is an introduction to the system governing civil liability for wrongs. Unlike contract law, in which persons establish standards governing their relations in private agreements, tort law imposes rights and duties between persons even when the parties have not done so by contract. Unlike criminal law which the government (rather than the victim) imposes societal standards through the medium litigation seeking punishment for violation of criminal law, tort litigation is controlled by the injured person who seeks not punishment, but personal compensation via money damages from the person whose violation of the laws of torts cause harm to the victim. Course coverage focuses on the tort of Negligence. As time permits, other torts are analyzed.

Books

Cohen's Handbook of Federal Indian Law (Nell Jessup Newton, et al., eds., LexisNexis 2005). (EXEC. ED.)

Articles

Implicit Divestiture Reconsidered: Outtakes from the Cohen Handbook's Cutting-Room Floor, 38 Conn. L. Rev. 731 (2006).

Rescuing Paha Sapa: Achieving Environmental Justice by Restoring the Great Grasslands and Returning the Sacred Black Hills to the Great Sioux Nation, 5 Great Plains Natural Resources Journal 40 (2001).

Sanctioning a Tyranny: The Diminishment of Ex parte Young, Expansion of Hans Immunity, and Denial of Indian Rights in Coeur d'Alene Tribe, 31 Arizona State Law Journal 787 (1999).

Essays

Petitioner’s Brief — Reargument of Oliphant v. Suquamish Indian Tribe, 13 Kansas Journal of Law & Public Policy 69 (2003).

Case at a Glance: Are County Officials Liable for Forcibly Executing a Search Warrant Against a Sovereign Indian Tribe?, 6 Preview of United States Supreme Court Cases 368 (2003).

Strengthening Tribal Sovereignty Through Indian Participation in American Politics: A Reply to Professor Porter, 10 Kansas Journal of Law & Public Policy 533 (2001).

The General Allotment Act "Eligibility" Hoax: Distortions of Law, Policy, and History in Derogation of Indian Tribes. 14 Wicazo Sa Review 251 (Spring 1999).

Review Essay: “Indians Are Us?” 20 American Indian Quarterly 109 (Winter 1996).

Conference Papers and Presentations

The Rise of the "New Federalism" from the Destruction of Indian Rights: A Meditation. Proceedings of the 26th Annual Indian Law Conference of the Federal Bar Association: The New Tribalism Meets the New Federalism (2001).

Panel Discussions from "Indian Nations on the Eve of the 21st Century." 43 South Dakota Law Review 475 (1998).

Reports

Toward a Great Sioux Nation Judicial Support Center and Supreme Court: An Interim Planning and Recommendation Report for the Wakpa Sica Historical Society's Reconciliation Place Project (with Frank Pommersheim). 17 Wicazo Sa Review 183 (Spring 2002).