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Native American and Tribal Law Research

Introduction

Land Acknowledgement: We acknowledge that the land upon which the University of San Diego resides is part of the legacy of the Kumeyaay people. The spiritual traditions and enduring sovereignty of the Kumeyaay are the first that we acknowledge from this land.  From there, we combine our Catholic foundations with respect for free inquiry and pursuit of truth as we foster a world of peace and justice.


Terminology Note: When researching Native American and Tribal law, it is important to be mindful of terminology. Many terms are used interchangeably in scholarship, legal documents/book titles, and practice, though they are not always synonymous. You will find many resources on this guide with these terms and many treatises and databases contain overlapping content. 

  • Native American / American Indian – Both terms are commonly used to refer to the Indigenous peoples of the United States. "American Indian" remains the term most frequently used in federal law and court decisions, while "Native American" is widely used in general discourse, education, and policy. Different communities and individuals may prefer one over the other.
  • Indian – This term continues to appear in U.S. law, especially in foundational statutes (e.g., the Indian Child Welfare Act, Indian Gaming Regulatory Act) and in court opinions. While some Indigenous people use the term to describe themselves, others find it outdated or offensive. Researchers should be aware of its persistence in legal sources while also recognizing its limitations.
  • Federal Indian Law – Refers specifically to the body of law governing the legal and political relationship between the federal government, the states, and federally recognized tribes. It encompasses treaties, statutes, regulations, and judicial decisions.
  • Tribal Law – Refers to the laws and legal systems created and applied by tribes themselves, reflecting their sovereignty. Tribal law varies across nations, and it may be codified in tribal constitutions, codes, or ordinances, as well as expressed in customary practices.
  • Indigenous Peoples / Indigenous – A broader global and human rights–based term that situates Native nations within the international community of Indigenous peoples worldwide. It is often used in contexts such as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

Because these terms have distinct historical and cultural meanings, this guide aims to use them with care. Other terms researchers may encounter include:

  • First Nations (more common in Canada)
  • Alaska Natives (specific to Indigenous peoples of Alaska)
  • Native Hawaiian (recognized as a distinct Indigenous group within U.S. law)

When possible, it is best to use the name of a specific nation or tribe (e.g., Navajo Nation, Cherokee Nation, Yurok Tribe) rather than general categories.

The Kumeyaay and the University of San Diego

Here at the University of San Diego, our campus's story is intrinsically tied to the Kumeyaay band of indigenous peoples, who owned the land upon which the university was built prior to its founding in 1949.

Mata'yuum dedication event

In 2019, USD endeavored to recognize the history and legacy of our local indigenous tribes on which our campus was built with the renaming of several buildings on campus. Serra Hall was renamed Saints Tekakwitha and Serra Hall in honor of St. Kateri Tekakwitha, the first Native American Catholic saint, and the Mission Crossroads facility was renamed Mata'yuum, which means "gathering place" in Kumeyaay. The Mata'yuum dedication ceremony (above) featured a group from the Campo Band of Kumeyaay performing music traditional to the indigenous people of the Southwest United States.