Aboriginal Law & Indigenous Laws

Now in its third edition, Alaska Natives and American Laws is still the only work of its kind, canvassing federal law and its history as applied to the indigenous peoples of Alaska. Covering 1867 through 2011, the authors offer lucid explanations of the often-tangled history of policy and law as applied to Alaska's first peoples. Divided conceptually into four broad themes of indigenous rights to land, subsistence, services, and sovereignty, the book offers a thorough and balanced analysis of the evolution of these rights in the forty-ninth state. This third edition brings the volume fully up to date, with consideration of the broader evolution of indigenous rights in international law and recent developments on the ground in Alaska.

Drawing on data and stories from Native 24/7, a 5-year, 700-particpant social investigation of Indigenous identity, the authors document what Native people believe characterizes, constitutes, and contributes to contemporary Native identities.

While the number of federally recognized Native nations in the United States are increasing, the population figures for existing tribal nations are declining. This depopulation is not being perpetrated by the federal government, but by Native governments that are banishing, denying, or disenrolling Native citizens at an unprecedented rate. Since the 1990s, tribal belonging has become more of a privilege than a sacred right. Political and legal dismemberment has become a national phenomenon with nearly eighty Native nations, in at least twenty states, terminating the rights of indigenous citizens.

Integrating American law and Native American political and legal traditions, this encyclopedia includes detailed descriptions of nearly two dozen Native American Nations' legal and political systems such as the Iroquois, Cherokee, Choctaw, Navajo, Cheyenne, Creek, Chickasaw, Comanche, Sioux, Pueblo, Mandan, Wyandot, Powhatan, Mikmaq, and Yakima.

Living at the intersection of multiple identities in the United States can be dangerous. This is especially true for Native women who live on the more than 56 million acres that comprise America's Indian Country - the legal term for American Indian reservations and other land held in trust for Native people. Today, due to a complicated system of criminal jurisdiction, non-Native Americans can commit crimes against American Indians in much of Indian Country with virtual impunity. This has created what some call a modern day «hunting ground» in which Native women are specifically targeted by non-Native men for sexual violence. In this urgent and timely book, author Amy L. Casselman exposes the shameful truth of how the American government has systematically divested Native nations of the basic right to protect the people in their own communities. A problem over 200 years in the making, Casselman highlights race and gender in federal law to challenge the argument that violence against Native women in Indian country is simply collateral damage from a complex but necessary legal structure. Instead, she demonstrates that what's happening in Indian country is part of a violent colonial legacy - one that has always relied on legal and sexual violence to disempower Native communities as a whole.

The lands the United States claims sovereignty over by right of the Doctrine of Discovery are home to more than five hundred Indian nations, each with its own distinct culture, religion, language, and history. Yet these Indians, and federal Indian law, rarely factor into the decisions of the country's governing class--as recent battles over national monuments on tribal sites have made painfully clear. A much-needed intervention, Many Nations under Many Gods brings to light the invisible histories of several Indian nations, as well as their struggles to protect the integrity of sacred and cultural sites located on federal public lands. Todd Allin Morman focuses on the history of Indian peoples engaging in consultation, a process mandated by the National Environmental Policy Act and the Indian Religious Freedom Act whenever a federal agency's proposed action will affect land of significance to indigenous peoples. To understand this process and its various outcomes first requires familiarity with the history and culture that make these sites significant to particular Indian nations. Morman provides this necessary context for various and changing indigenous perspectives in the legal process. He also examines consultation itself in a series of case studies, including Hopi efforts to preserve the sacred San Francisco Peaks in the Coconino National Forest from further encroachment by a ski resort, the Washoes' effort near Lake Tahoe to protect Cave Rock from an influx of rock climbers, the Forest Service's plan for the Blackfeet site Badger-Two Medicine, and religious freedom cases involving the Makahs, the Quechans, the Western Apaches, and the Standing Rock Sioux. These cases illuminate the strengths and dangers inherent in the consultation process. They also illustrate the need, for Natives and non-Natives alike, to learn the history of North America in order understand the value of protecting the many cultural and sacred sites of its many indigenous peoples. Many Nations under Many Gods reveals--and works to meet--the urgency of this undertaking.  

Deloria and his co-author focus on John Collier's struggle with both the U.S. Congress and the Indian tribes to develop a New Deal for Indians fifty years ago. It is a blow-by-blow historical account, perhaps unique in the literature, which may be the only way to show the full complexity of American Indian relations with federal and state governments.

Although Native Americans have been subjugated by every American government since The Founding, they have persevered and, in some cases, thrived. What explains the existence of separate, semi-sovereign nations within the larger American nation? In large part it has been victories won at the Supreme Court that have preserved the opportunity for Native Americans to 'make their own laws and be ruled by them.' The Supreme Court could have gone further, creating truly sovereign nations with whom the United States could have negotiated on an equal basis. The Supreme Court could also have done away with tribes and tribalism with the stroke of a pen. Instead, the Court set a compromise course, declaring tribes not fully sovereign but also something far more than a mere social club. This book describes several of the most famous Supreme Court cases impacting the course of Native American history.

Felix Cohen (1907-1953) was a leading architect of the Indian New Deal and steadfast champion of American Indian rights. Appointed to the Department of the Interior in 1933, he helped draft the Indian Reorganization Act (1934) and chaired a committee charged with assisting tribes in organizing their governments. His "Basic Memorandum on Drafting of Tribal Constitutions," submitted in November 1934, was largely forgotten until Cohen's papers were released more than half a century later. David E. Wilkins presents the entire work, edited and introduced with an essay that describes its origins and places it in historical context. Cohen recommended that each tribe consider preserving ancient traditions that offered wisdom to those drafting constitutions. On the Drafting of Tribal Constitutions shows that concepts of Indigenous autonomy and self-governance have been vital to Native nations throughout history.

Born out of a meticulous, well-researched historical and current traditional land-use study led by Cega̔ K´iɳna Nakoda Oyáté (Carry the Kettle Nakoda First Nation), Owóknage is the first book to tell the definitive, comprehensive story of the Nakoda people (formerly known as the Assiniboine), in their own words. From pre-contact to current-day life, from thriving on the Great Plains to forced removal from their traditional, sacred lands in the Cypress Hills via a Canadian "Trail of Tears" starvation march to where they now currently reside south of Sintaluta, Saskatchewan, this is their story of resilience and resurgence.  

Fletcher's Principles of Federal Indian Law covers the basics of federal Indian law, the relationships between tribal, state, and federal sovereigns, also touching on federalism, agency law, civil rights, and criminal jurisdiction aspects of Indian law. This concise hornbook offers comprehensive coverage of the blackletter law, with statutory, regulatory, and historical context. The origins behind important doctrines of Indian law and critical statutes are explored in detail. This book is a useful introduction to the field for both students and practitioners.

Incorporating a user-friendly question-and-answer format, The Rights of Indians and Tribes addresses the most significant legal issues facing Indians and Indian tribes today, including tribal sovereignty, the federal trust responsibility, the regulation of non-Indians on reservations, Indian treaties, the Indian Civil Rights Act, the Indian Gaming Regulatory Act, and the Indian Child Welfare Act.

This book traces more than a century of legal, political, and social battles waged by Columbia River Indians as they fought for the survival of wild salmon and their inherent right to harvest them. Many of the stories focus on Celilo Falls, a place of captivating natural beauty and spirituality that also served as a trade center for tribes throughout the Northwest.

“Those Who Belong” explores how White Earth Anishinaabeg understood identity and blood quantum in the early twentieth century it was employed and manipulated by the U.S. government, how it came to be the sole requirement for tribal citizenship in 1961, and how a contemporary effort for constitutional reform sought a return to citizenship criteria rooted in Anishinaabe kinship, replacing the blood quantum criteria with lineal descent.

Tribal Criminal Law and Procedure examines complex Indian nations' tribal justice systems, analyzing tribal statutory law, tribal case law, and the cultural values of Native peoples. Using tribal court opinions and tribal codes, it reveals how tribal governments use a combination of oral and written law to dispense justice and strengthen their nations and people.

This book brings together diverse essays by leading Indian law scholars across the disciplines of Indigenous and environmental law. The chapters reveal the difficulties encountered by Native American tribes in attempts to establish their own environmental standards within federal Indian law and environmental law structures. Gleaning new insights from a focus on tribal land and property law, the collection studies the practice of tribal sovereignty as experienced by Indians and non-Indians, with an emphasis on the development and regulatory challenges these tribes face in the wake of climate change.

Despite this impressive growth of business there is an absence of small businesses on reservations and Native Americans own private businesses at the lowest rate per capita for any ethnic or racial group in the United States. Many Indigenous entrepreneurs face unique cultural and practical challenges in starting, locating, and operating a business, from a perceived lack of a culture of entrepreneurship and a suspicion of capitalism to the difficulty of borrowing start-up funds when real estate is held in trust and cannot be used as collateral. This book provides an introduction to business practices, and business education.

Weaving together history, politics, and law, Jean Reith Schroedel provides a view of this often-ignored struggle for social justice from the ground up. Voting in Indian Country uses conflicts over voting rights as a lens for understanding the centuries-long fight for Native self-determination. Among the American public, there is a collective amnesia about the U.S. government's shameful policies toward the continent's original inhabitants and their descendants. Voting in Indian Country uses conflicts over voting rights as a lens for understanding the centuries-long fight for Native self-determination.