Native American Law Research Guide

Nearly every American Indian tribe has its own laws and courts. Taken together, these courts decide thousands of cases. Many span the full panoply of law--from criminal, civil, and probate cases, to divorce and environmental disputes. American Indian Tribal Law, now in its Second Edition, surveys the full spectrum of tribal justice systems. With cases, notes, and historical context, this text is ideal for courses on American Indian Law or Tribal Governments--and an essential orientation to legal practice within tribal jurisdictions.    New to the Second Edition:  A new chapter on professional responsibility and the regulation of lawyers in tribal jurisdictions  Enhanced materials on Indian child welfare Additional materials on tribal laws that incorporate Indigenous language and culture Additional examples from tribal justice systems and practice Recent and noteworthy cases from tribal courts Professors and students will benefit from: A broad survey of dispute resolution systems within tribal jurisdictions A review of recent flashpoints in tribal law, such as  internal tribal political matters, including intractable citizenship and election disputes enhanced criminal jurisdiction over nonmembers and non-Indians tribal constitutional reform, including a case study on the White Earth Nation  Cases and material reflecting a wide range of American Indian tribes and legal issues Excerpts and commentary from a wellspring of current scholarship

The Indian Reorganization Act (IRA) of 1934, intended to reverse federal Indian policy from coercive assimilation of Native peoples to a policy that emphasized a strong measure of self-rule, ushered in a period of political, legal, and economic revitalization of Native peoples that continues to this day. Until very recently, little attention has been paid to the political dynamics operating within Indian Country and the nearly 570 federally-recognized Native nations living throughout the US. From 1934 to the present, this volume brings together a great many of these hard to find or previously unavailable primary source documents. It will also include international and interest group documents, statements by prominent Native and non-Native individuals, court cases, documents that detail the intergovernmental relationships between Native and non-Native communities, and documents featuring legal or institutional innovations that display the political acumen and diversity of Native nations. The documents are arranged chronologically, and Wilkins provides brief, introductory essays to each document, placing them within their proper context. Each introduction is followed by a brief list of suggestions for further reading. Just like the preceding volume, this anthology will provide an invaluable resource for scholars and researchers of indigenous political development during this vibrant period of Native self-determination.

Tribal Justice is a book that provides an in-depth review and survey of tribal appellate court jurisprudence. The particular topics covered include enrollment and disenrollment, civil rights, elections and political participation, criminal law and procedure, rights of juveniles, tribal constitutions, and tradition and custom. The book focuses on the procedure and substance of tribal court appellate decision making as revealed in the text of actual court opinions. The decisions and accompanying notes are further amplified by the development of a model of tribal court jurisprudence and a discussion of various theories of tribal court judging.

Landmark Indian Law Cases presents fifty-three groundbreaking decisions made by the United States Supreme Court in the area of federal Indian law. Since the last revision (entitled Top Fifty and first published in 1988), the Court has made new pronouncements on tribal hunting and fishing rights, Alaska Native sovereignty, and tribal sovereign immunity from suit and tribal court jurisdiction. These have helped define the powers of the more than 550 American Indian and Alaskan Native tribes that represent the third sovereignty in the United States (along with the federal government and the states) and provide a glimpse into future decisions of the Court. The cases examined represent not only the decisions that resolve important questions and set forth broad principles of federal Indian Law, but also ones which have practical implications for real-life situations currently affecting American Indian and Alaska native tribes. The book's subject index of cases provides a quick reference aid, and allcases are listed under one or more relevant subject headings. The federal Indian law jurisprudence of the Court spans two centuries of U.S. history, and the decisions have reshaped the federal-tribal relationship and the role of states and tribes in the nation's federalism. This work is tremendously useful to lawyers, scholars, judges, and other practitioners, and it is certain to become a fixture in law libraries throughout the United States.

In 1769, Spain took action to solidify control over its northern New World territories by establishing a series of missions and presidios in what is now modern California. To populate these remote establishments, the Spanish crown relied on Franciscan priests, whose role it was to convince the Native Californian population to abandon their traditional religious practices and adopt Catholicism. During their tutelage, the Indians of California would be indoctrinated into Spanish society, where they would learn obedience to the church and crown.      The legal system of Southern California has been used by Anglo populations as a social and demographic tool to control Native Americans. Following the Mexican-American War and the 1849 Gold Rush, as California property values increased and transportation corridors were established, Native Americans remained a sharply declining presence in many communities, and were likely to be charged with crimes. The sentences they received were lighter than those given to Anglo offenders, indicating that the legal system was used as a means of harassment. Additionally, courts chronicled the decline of the once flourishing native populations with each case of drunkenness, assault, or rape that appeared before the bench. Nineteenth-century American society had little sympathy for the plight of Indians or for the destruction of their culture. Many believed that the Indians of Southern California would fade from history because of their inability to adapt to a changing world. While many aspects of their traditional culture have been irreparably lost, the people of southern California are, nevertheless, attempting to recreate the cultures that were challenged by the influx of Europeans and later Americans to their lands.

The fate of Native Americans has been dependent in large part upon the recognition and enforcement of their legal, political, property, and cultural rights as indigenous peoples by American courts. Most people think that the goal of the judiciary, and especially the US Supreme Court, is to achieve universal notions of truth and justice. In this in-depth examination, however, Walter Echo-Hawk reveals the troubling fact that American law has rendered legal the destruction of Native Americans and their culture. Echo-Hawk analyzes ten cases that embody or expose the roots of injustice and highlight the use of nefarious legal doctrines. He delves into the dark side of the courts, calling for a paradigm shift in American legal thinking. Each case study includes historical, contemporary, and political context from a Native American perspective, and the case's legacy on Native America. In the Courts of the Conqueror is a comprehensive history of Indian Country from a new and unique viewpoint. It is a vital contribution to American history. Walter Echo-Hawk (Pawnee) is of counsel to the Crowe & Dunlevy law firm of Oklahoma. As a staff attorney for the Native American Rights Fund for thirty-five years, he represented tribes and Native Americans on significant legal issues during the modern era of federal Indian law. In addition to litigation, he worked on major legislation, such as the Native American Graves Protection and Repatriation Act (NAGPRA), and federal religious freedom legislation. He is a prolific writer whose books include the award-winning Battlefields and Burial Grounds.

Between the early seventeenth century and the early twentieth,nearly all the land in the United States was transferred from AmericanIndians to whites. This dramatic transformation has been understood in two very different ways--as a series of consensual transactions, but also as a process of violent conquest. Both views cannot be correct. How did Indians actually lose their land?Stuart Banner provides the first comprehensive answer. He argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers. Instead, time, place, and the balance of power between Indians and settlers decided the outcome of land struggles. As whites' power grew, they were able to establish the legal institutions and the rules by which land transactions would be made and enforced.This story of America's colonization remains a story of power, but a more complex kind of power than historians have acknowledged. It is a story in which military force was less important than the power to shape the legal framework within which land would be owned. As a result, white Americans--from eastern cities to the western frontiers--could believe they were buying land from the Indians the same way they bought land from one another. How the Indians Lost Their Land dramatically reveals how subtle changes in the law can determine the fate of a nation, and our understanding of the past.

Through much of the 20th century, federal policy toward Indians sought to extinguish all remnants of native life and culture. That policy was dramatically confronted in the late 1960s when a loose coalition of hippies, civil rights advocates, Black Panthers, unions, Mexican-Americans, Quakers and other Christians, celebrities, and others joined with Red Power activists to fight for Indian rights. In Hippies, Indians and the Fight for Red Power, Sherry Smith offers the first full account of this remarkable story. Hippies were among the first non-Indians of the post-World War II generation to seek contact with Native Americans. The counterculture saw Indians as genuine holdouts against conformity, inherently spiritual, ecological, tribal, communal-the original "long hairs." Searching for authenticity while trying to achieve social and political justice for minorities, progressives of various stripes and colors were soon drawn to the Indian cause. Black Panthers took part in Pacific Northwest fish-ins. Corky Gonzales' Mexican American Crusade for Justice provided supplies and support for the Wounded Knee occupation. Actor Marlon Brando and comedian Dick Gregory spoke about the problems Native Americans faced. For their part, Indians understood they could not achieve political change without help. Non-Indians had to be educated and enlisted. Smith shows how Indians found, among this hodge-podge of dissatisfied Americans, willing recruits to their campaign for recognition of treaty rights; realization of tribal power, sovereignty, and self-determination; and protection of reservations as cultural homelands. The coalition was ephemeral but significant, leading to political reforms that strengthened Indian sovereignty. Thoroughly researched and vividly written, this book not only illuminates this transformative historical moment but contributes greatly to our understanding of social movements.

Grave Injustice is the powerful story of the ongoing struggle of Native Americans to repatriate the objects and remains of their ancestors that were appropriated, collected, manipulated, sold, and displayed by Europeans and Americans. Anthropologist Kathleen S. Fine-Dare focuses on the history and culture of both the impetus to collect and the movement to repatriate Native American remains. Using a straightforward historical framework and illuminating case studies, Fine-Dare first examines the changing cultural reasons for the appropriation of Native American remains. She then traces the succession of incidents, laws, and changing public and Native attitudes that have shaped the repatriation movement since the late nineteenth century. Her discussion and examples make clear that the issue is a complex one, that few clear-cut heroes or villains make up the history of the repatriation movement, and that little consensus about policy or solutions exists within or beyond academic and Native communities. The concluding chapters of this history take up the Native American Graves Protection and Repatriation Act (NAGPRA), which Fine-Dare considers as a legal and cultural document. This highly controversial federal law was the result of lobbying by American Indian and Native Hawaiian peoples to obtain federal support for the right to bring back to their communities the human remains and associated objects that are housed in federally funded institutions all over the United States. Grave Injustice is a balanced introduction to a longstanding and complicated problem that continues to mobilize and threatens to divide Native Americans and the scholars who work with and write about them.

Blood Will Tell reveals the underlying centrality of "blood" that shaped official ideas about who was eligible to be defined as Indian by the General Allotment Act in the United States. Katherine Ellinghaus traces the idea of blood quantum and how the concept came to dominate Native identity and national status between 1887 and 1934 and how related exclusionary policies functioned to dispossess Native people of their land. The U.S. government's unspoken assumption at the time was that Natives of mixed descent were undeserving of tribal status and benefits, notwithstanding that Native Americans of mixed descent played crucial roles in the national implementation of allotment policy.  Ellinghaus explores on-the-ground case studies of Anishinaabeg, Arapahos, Cherokees, Eastern Cherokees, Cheyennes, Chickasaws, Choctaws, Creeks, Lakotas, Lumbees, Ojibwes, Seminoles, and Virginia tribes. Documented in these cases, the history of blood quantum as a policy reveals assimilation's implications and legacy. The role of blood quantum is integral to understanding how Native Americans came to be one of the most disadvantaged groups in the United States, and it remains a significant part of present-day debates about Indian identity and tribal membership. Blood Will Tell is an important and timely contribution to current political and scholarly debates.