Faculty Development Plan
May 2015
BYU Law
I. Self-Assessment
Having completed a two-year academic fellowship, I have had the opportunity to reflect on the challenges and opportunities of the academic endeavor for me. I view my strengths as including: a commitment to the special mission of
BYU; an ability to communicate effectively as a teacher and scholar; a desire to learn and develop as an academic; an interest in contributing as a citizen of the University community. I believe I have a particular skill for teaching difficult concepts in a way that is accessible and understandable.
I very much admired those law school professors who were able to teach the substance of various subjects while simultaneously modeling rigorous legal reasoning skills and judgment, and inspiring high aspirations for professionalism and legal ethics. My primary development goal is to emulate this skill so that my students become not only competent in the nominal subject matter of the course, but that they grow as legal thinkers and aspire to the highest levels of legal professionalism.
I am a competent scholar, but would like to strive for excellence. I work most productively in short spurts and have often underestimated the time it will take to put ideas on paper as a result. I learn by writing and have too often waited to develop ideas before beginning the writing process. My experience to date has shown that writing is my most productive process for generating scholarly ideas. I need to be more disciplined to engage in daily scholarship. I have sometimes allowed the more immediate demands of teaching and citizenship to crowd out my scholarship. I want to take a more integrated approach moving forward. That said, I think I have a cohesive and meaningful scholarly agenda worth pursuing. As I realize that agenda, I believe I will have made an important contribution to the field.
I am a committed and productive citizen. I am not sure to what degree this attribute is a strength and where it becomes a weakness. I have heard colleagues speak about minimizing their citizenship commitments because they prefer teaching and writing and find the citizenship duties tedious. As a result, I am not sure that citizenship contributions are that highly valued by colleagues. I find the governance issues the faculty deals with to be an interesting challenge and I enjoy serving the students of the Law School and of the University through various engagements around campus. I am concerned that my willingness to engage in a broad category of
“citizenship” activities may cause me to be overextended and I have to be cautious about not allowing the demands of citizenship to overwhelm or undermine other academic obligations.
II. Professional Goals

A.
Citizenship
 Serve as an engaged member of the faculty committees as assigned by regular, prepared attendance at meetings;
 As Chair of the Awards Committee, lead a discussion of options for reforming student awards policies, especially in the J. Reuben Clark Awards;
 Contribute to the professional development of the students and build community for the student organizations I mentor (Native American Law
Student Association, etc.);
 Prepare for and attend all Faculty Meetings and WIPs and contribute meaningfully to the discussions;
 Support colleagues in hosting Law School guests and visitors;
 Continue assistance with recruiting/retention efforts;
 Keep track of time spent on citizenship activities to ensure a balance.
B.
Teaching
 Develop a system for eliciting more comprehensive student preparation and participation, such as a “present and prepared” system;
 Observe senior teachers in action to model best practices;
 Incorporate greater Socratic method of teaching to improve legal reasoning;
 Read best scholarship on legal pedagogy to build better foundation in the methods and principles of legal education;
 Join first-year faculty to reach a broader array of students and to practice multi-purpose teaching, i.e., subject matter, legal reasoning, and professionalism;
 Model disciple-scholar approach by teaching with the Spirit.
C.
Scholarship
 Keep track of weekly scholarship activities;
 Write regularly and earlier in the process
 Complete review of field’s top scholars’ work (Tsosie, Fletcher, Getches,
Berger, Riley, etc.)
 Build professional relationships in the field by participating in conferences; through service in the AALS Sections; inviting Indian law scholars to BYU;
 Apply for Summer Research Grant
 Complete draft of “Tribal Sovereignty” for February 2016 submission during period of summer research grant, summer 2015;
 Seek productive co-authoring opportunities (submit Suicide
Prevention/Public health article);
 Aim for top Law Review placements by completing early drafts and joining the submission cycle at optimum timing intervals.

III. Relationship between Individual and University Goals
The Aims of a BYU Education quotes Brigham Young’s observation that education is “the power to think clearly and to act well in the world’s work.” My development as a citizen, scholar, and teacher are focused on developing the skills necessary for me to think more clearly and contribute well to the work of education and to prepare the students to do the same. But as the FDS Spring Seminar speakers emphasized, if all we provide is a good, or even great, education, we have not fulfilled the prophetic mission of the University. We are developing future leaders of the Church and well-prepared servants of the Lord; we are modeling discipleship as well as scholarship. These goals are uniquely entwined for me as a member of the
BYU Law faculty. I seek to grow as a disciple and as a scholar to model disciplescholarship for the law students.
IV. Resources Needed to Accomplish Goals
The Law School provides support through the Summer Research Grant to enable a productive summer of scholarship, when teaching and citizenship demands are at their minimum. I will apply for and fulfill the Summer Research Grant. I will also continue to utilize the excellent research support of our professional law librarians and work with student research assistants to support scholarship goals. I will also develop a schedule and time accounting system that allows me to budget time and allocate it appropriately to the tri-partite goals. I also think one resource I need to develop is adequate rest, nutrition, and exercise and factor these into my goals and schedule.
V. Activities and Accomplishments to Date
 I have applied for and been granted a Summer Research Grant for
Summer 2015;
 I have been named Chair-Elect of the AALS Indigenous Law section and will serve as Chair during 2016;
 I have invited Professor Addie Rolnick for an External WIP in fall
2015;
 I participated in the Plenary Power Colloquium and invited top Indian law scholars to participate/address the students;
 I invited Professor Alex Skibine for an external WIP in fall 2014;
 I placed my most recent articles in Top 20 and Top 50 law journals, respectively;
 I have participated meaningfully in faculty committees and been consistent in my citizenship obligations and participation in faculty governance issues.
Scholarship Strategies Project

I.
Themes, Topics, Methods
My scholarship focuses on questions of Federal Indian law and policy and the legal construct of tribal sovereignty within the American polity. In particular, I am interested in the theoretical foundation and scope of tribal sovereignty, and the exercise of the Indian affairs power by the United States Congress and the development of the U.S. Supreme Court’s Indian law jurisprudence. My inquiry includes the nature of the inherent powers of tribal sovereignty and the effort to limit and regulate those powers by the United States. I am also interested in the civil rights of tribal members within the American and tribal legal systems; I am especially interested in federal laws protecting tribal members’ voting rights (such as access to Native language ballots), housing and public accommodation rights, and efforts to enforce those rights.
My first article, Comparative Institutional Competency and Sovereignty in Indian
Affairs, was published in the University of Colorado Law Review (2014), and argues that to the extent there is an Indian affairs power to set the bounds of tribal sovereignty, that power should be exercised by Congress rather than by the judiciary in light of the comparative institutional competence of the branches. My thesis specifically suggests that the Court should defer to Congress’s recent judgment in enacting the special domestic violence provisions in the
Reauthorization of the Violence Against Women Act of 2013 (VAWA). In VAWA,
Congress recognized and affirmed the inherent authority of tribes to punish both
Indian and non-Indian domestic violence offenders, thereby expanding the scope of inherent tribal authority with regard to criminal jurisdiction established by the U.S.
Supreme Court in Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978) (holding that tribes have no inherent criminal jurisdiction over non-Indians). My paper examines cases and scholarship treating the Court’s traditional deference to the political branches in determining close questions of inherent state sovereignty and suggests an analogous restraint on judicial determination of questions of inherent tribal sovereignty.
My next articles build on this foundation and elaborate upon this scholarly agenda:
My second article, Plenary Power, Political Questions, and Sovereignty in Indian
Affairs, was recently accepted for publication in the UCLA Law Review for Spring
2016. I am working to revise this article for publication.
My third article, The Foundations of Tribal Sovereignty, is in process and will be submitted in the Spring 2016 cycle.
II. Scholarly Goals to be Completed by February 2016
 Complete revision of UCLA Law Review article for publication; work with editors and refine argument; generate additional research support for thesis;

 Complete The Foundations of Tribal Sovereignty for Spring 2016 submission cycle at the latest (also possible submission in Fall 2015 cycle);
 Complete the article co-authored with Public Health and Psychology faculty and submit to Public Health journals;
 Launch cooperative effort with fellow Plenary Power faculty to develop additional article;
III. Strategies to Attain Scholarly Goals
 Read top notch Indian law scholarship
 Participate in AALS Indigenous Law Annual Scholarship Conference
 Contribute to AALS Indigenous Law Section as Chair-Elect, prepare to serve in 2016 as Section Chair
 Share research in classroom discussion
 Establish regular office writing hours
 Share early drafts with colleagues
 Delegate appropriate tasks to research assistants/librarians
IV. Methods of Evaluating Success of Scholarly Strategy
 Did I complete a December WIP for a new idea?
 Was the UCLA draft completed, accepted as final draft?
 Was the public health draft with faculty colleagues accepted?
 Is the Foundations of Tribal Sovereignty ready for February 2016 cycle?
 Have I kept/recorded regular writing office hours?
Citizenship Project Proposal

I. Enhance Professional Collaboration at the Law School with Colleagues
 Find a joint project for co-authorship with plenary power colleagues
 Attend/Support colleagues in their visiting scholar endeavors
II. Enhance Collaboration with Members of the Indian Law Community
 Participate as Chair-Elect and prepare to serve as 2016 Chair of AALS
Indigenous Law Section
 Participate in Indian Law listserv discussions
 Circulate early drafts to respected scholars in the Indian law community
 Attend a conference for Indian law scholarship
 Invite colleagues to present Works in Progress at the Law School
III. Enhance Collaboration with Members of the University Community
 Participate in professional and social activities that strengthen community and collegiality of female faculty
 Participate as an advisor to the Civil Rights Seminar sponsored by the School of Home, Family, and Social Sciences
 Complete joint paper co-authored with public health and psychology faculty
Fall Semester 2015: TTh 2:30-3:45 JRCB 208

Professor Michalyn Steele
Office: 544 JRCB
Office Hours: M-W 3:45-5:00; you are welcome to drop in anytime or make an appointment
Office Phone: 801.422.3239
Email: steelem@law.byu.edu
Mobile Phone Number: 571.239.3428
Texts & Materials
Cases and Materials on Federal Indian Law, 6th (American
Casebook Series)
By David H. Getches
ISBN: 9780314200372
Teaching Philosophy
My teaching philosophy is rooted in my belief that education is a sacred opportunity. A legal education, in particular, is a lofty trust. As an educator, I seek to facilitate the development of your ability to analyze and apply precedent and envision the potential of law to enhance justice. While I am certainly interested in your familiarity with Federal Indian Law as an important subsection of legal scholarship, my primary goal is to help your development as a professional as you prepare to analyze, counsel, negotiate and advocate with a solid foundation of professional judgment and skill.
Description
This course examines the history and development of Federal Indian law, both cases and statutes, and the legal context in which the 566 federally-recognized Indian tribes govern their people and interact with other governments and economic partners today.
Attendance and Participation Policy
In accordance with the Law School’s Policies and Procedures, “Regular and punctual class attendance is required of all law students. It is a matter of importance to their professional preparation….Students must assume that irregular attendance will result in a grade or credit sanction….” If you are unable to attend a class session, please notify me, by email or telephone, in advance.
Preparation for and participation in class discussions are key to your success in this seminar. I reserve the right to factor exceptional participation or repeated absences/lack of participation into your final grade for the course.
Grading Policies
Your grade will be based primarily upon the final exam. The final is an open-book examination scheduled for Thursday December 17 at 1:30 pm. I do not have authority to grant exceptions to the final examination schedule. If you believe you require an exception, please contact Dean Brett Scharffs of Dean Wendy Archibald to

discuss your circumstances. I will provide more information regarding the final exam as the date nears.
I may also consider exceptional preparation and participation in class discussion (or unexcused absences) in the final grade.
Learning Outcomes
 Federal Indian Law Learning Outcomes
Students successfully completing the Federal Indian Law course will be able to:
 Articulate and apply the key principles governing Federal Indian law, including the principles of tribal sovereignty, the federal trust relationship, the exercise of Congress' plenary power, and the construction of Indian treaty rights;
 Identify the historical and legal foundations giving rise to the current legal status of tribes;
 Analyze civil jurisdictional questions involving tribal governments and tribal members in relation to the states and the Federal government;
 Analyze criminal jurisdiction questions involving tribal members in relation to the states and the Federal government;
 Demonstrate familiarity with major legislation affecting Indian tribes;
Identify contemporary issues and legal questions facing Indian tribes in the future.
BYU Honor Code
In keeping with the principles of the BYU Honor Code, students are expected to be honest in all of their academic work. Academic honesty means, most fundamentally, that any work you present as your own must in fact be your own work and not that of another. Violations of this principle may result in a failing grade in the course and additional disciplinary action by the university. Students are also expected to adhere to the Dress and Grooming Standards. Adherence demonstrates respect for yourself and others and ensures an effective learning and working environment. It is the university's expectation, and my own expectation in class, that each student will abide by all Honor Code standards. Please call the Honor Code Office at 422-2847 if you have questions about those standards.
Preventing Sexual Harassment
Title IX of the Education Amendments of 1972 prohibits sex discrimination against any participant in an educational program or activity that receives federal funds. The act is intended to eliminate sex discrimination in education and pertains to admissions, academic and athletic programs, and university-sponsored activities. Title IX also prohibits sexual harassment of students by university employees, other students, and

visitors to campus. If you encounter sexual harassment or gender-based discrimination, please talk to your professor; contact Assistant Dean Wendy Archibald at 801-422-5576; contact the Equal Employment Office at 801-422-5895 or 1-888-238-1062 (24-hours), or http://www.ethicspoint.com; or contact the Honor Code Office at 801-422-2847.
Students With Disabilities
Brigham Young University is committed to providing a working and learning atmosphere that reasonably accommodates qualified persons with disabilities. If you suspect or are aware you have a disability, I strongly encourage you to contact
Dean Archibald as soon as possible. She can advise you regarding the accommodation process at the law school and the University Accessibility Center
(UAC). It is located at 2170 WSC (801-422-2767).
A disability is a physical or mental impairment that substantially limits one or more major life activities. Examples include vision or hearing impairments, physical disabilities, chronic illnesses, emotional disorders (e.g., depression, anxiety), learning disorders, and attention disorders (e.g., ADHD). The UAC will evaluate the disability and eligible students will receive assistance in obtaining reasonable
University approved accommodations. Dean Archibald facilitates implementation of the approved accommodations for the law school.
Reading Assignments
Part I
These first assignments represent our reading schedule for the first several classes.
As we move through the materials, we may opt to spend more or less time in discussion on particular topics, and so may require more than one class period to cover the assignment, but our expectation is to cover one assignment per class period, as noted below. You should watch the website for updated reading assignments, which will be added as the semester develops.
In Part I, we will begin with the foundational cases and principles of Federal Indian law, beginning with the Doctrine of Discovery and examining the federal legislative, executive and judicial effort to identify legal principles to govern dealings with the indigenous people and to respond to competing political pressures. We will look at the history of Federal Indian Policy and the Canons of Construction of Indian treaties.
Tue August 25 Introduction to Indians and Indian Law
Getches, 1-29;
The Infamous Government Order Mandating Forced Haircuts for
Native Americans , Rebecca Onion, Slate blog "The Vault," August
20, 2013;
Please also listen to this episode of This American Life , Episode
479, airdate Nov. 23, 2012 It introduces many of the themes we find recurring in our study of Federal Indian law.
Thu August 27 The doctrine of Discovery and Johnson v. M’Intosh

Tue Sept 1
Thu Sept 3
Tue Sept 8
Thu Sept 10
Tue Sept 15
Thu Sept 17
Getches, 41-73
The Legacy of the Marshall Trilogy; Indian Diplomacy
Getches, 74-85; 87-89; 93-113
Marshall Trilogy con’t; Winans and Washington
Getches, 113-139
Plenary Power Doctrine; Crow Dog, Kagama
Getches, 140-144; 148-160
Allotment and Assimilation
Getches, 160-171; 173-174 (notes 1 & 4); 183-187
Reorganization & Termination
Getches 187-215
Tue Sept 22
Wed Sept 24
Tue Sep 29
Thu Oct 1
Termination & Self-Determination (Felix Cohen); 216-239;
936-944 (Rice v. Cayetano)
Federal-Tribal Relations – Land
Getches 243-267
Land Rights; federal recognition; treaty abrogation
273-279; 299-307; 313-329; youtube video re: Dann Case https://www.youtube.com/watch?v=JJ2N9-n-ka0
Accountability under the Trust Responsibility
329-346 (Seminole Nation); 355-366 (Sioux Nation)
Review Unit 1
Tue Oct 6/Th Oct 8 Placement Break
Tue Oct 13
Thu Oct 15
Tribes as Sovereigns; Getches 367-394
Tribal Sovereign Immunity/Tribal Justice Systems
Getches 394-426
Tue Oct 20 “Indian country” and Carcieri
Getches 447-459; 465-470
Thu Oct 22 Criminal Jurisdiction in Indian country
470-501

Tue Oct 27
Th Oct 29
Tue Nov 3
Thu Nov 5
Tue Nov 10
Thu Nov 12
Tue Nov 17
Thu Nov 19
Tue Nov 24
Thu Nov 26
Tue Dec 1
Thu Dec 3
Oliphant, Lara, Montana: Getches 505-531
Montana, Strate, Hicks: 538-570
Hicks, Tribal Exhaustion Doctrine, Getches 538-546
Plains Commerce; Getches 571-588
ICWA/tribal court jurisdiction: 647-664, Adoptive Couple v.
Baby Girl, 133 St. Ct. 2552 (westlaw or lexis)
ICWA, con’t (recent scholarship and regulatory proposals)
Tribal Water Rights, Getches 767-793
)Alaska Natives & intro to Native Hawaiian Issues
885-917
Native Hawaiian Issues con’t
Thanksgiving Holiday (no class)
Religious and Cultural Freedom Issues (contemporary scholarship, Lyng and Smith
Last Day of Class – Review