This HeinOnline database was created from a desire to consolidate the wealth of material available on Indigenous American life and law, and to share the tremendous influence that these peoples and their cultures have had on the development of the United States. With more than 3,700 titles and 1.5 million total pages, this library includes an expansive archive of historical materials.
Launched by the Library of Congress and now maintained and expanded by LLMC Digital, a non-profit co-operative of libraries dedicated to preserving legal documents, the portal is organized broadly by region and includes a wealth of information.
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.
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.
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.
“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.
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.
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.
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.
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.
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.
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.
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.