Native American Law

This title covers important historical documents from influential figures in Native American history. Readers will find in-depth analysis of a broad range of historical documents, including speeches, letters, legislation, court cases, and other sources about Native Americans. Plus, an historical timeline and bibliography of important supplemental readings will support readers in understanding the broader historical events covered.

Presenting essays, letters, interviews, speeches, government documents, and other testimony, Cobb shows how tribal leaders, intellectuals, and activists deployed a variety of protest methods over more than a century to demand Indigenous sovereignty. As these documents show, Native peoples have adopted a wide range of strategies in this struggle, invoking 'American' and global democratic ideas about citizenship, freedom, justice, consent of the governed, representation, and personal and civil liberties while investing them with Indigenized meanings.

The third edition of this landmark work adds forty new documents, which cover the significant developments in American Indian affairs since 1988. Among the topics dealt with are tribal self-governance, government-to-government relations, religious rights, repatriation of human remains, trust management, health and education, federal recognition of tribes, presidential policies, and Alaska Natives.

The arrival of European and Euro-American colonizers in the Americas brought not only physical attacks against Native American tribes, but also further attacks against the sovereignty of these Indian nations. This book contains a variety of primary source and other documents--traditional accounts, tribal constitutions, legal codes, business councils, rules and regulations, BIA agents reports, congressional discourse, intertribal compacts--written both by Natives from many different nations and some non-Natives, that reflect how indigenous peoples continued to exercise a significant measure of self-determination long after it was presumed to have been lost, surrendered, or vanquished.

Drawing from forty-five years of experience, E. Richard Hart elucidates the use of history as expert testimony in American Indian tribal litigation. Such lawsuits deal with aboriginal territory; hunting, fishing, and plant gathering rights; reservation boundaries; water rights; federal recognition; and other questions that have a historical basis. The methodology necessary to assemble successful expert testimony for tribes is complex and demanding and the legal cases have serious implications for many thousands of people, perhaps for generations. Hart, a historian who has testified in cases that have resulted in roughly a billion dollars in judgments, uses specific cases to explain at length what kind of historical research and documentation is necessary for tribes seeking to protect and claim their rights under United States law. He demonstrates the legal questions that Native Americans face by exploring the cultural history and legal struggles of six Indian nations. The case studies focus on the Wenatchi, Coeur d'Alene, Hualapai, Amah Mutsun, Klamath, and Zuni peoples but address issues relevant to many American tribes. 

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.

Now in its third edition, American Indian Politics is the most comprehensive study written from a political science perspective that analyzes the structures and functions of indigenous governments (including Alaskan Native communities and Hawaiian Natives) and the distinctive legal and political rights these nations exercise internally, while also examining the fascinating intergovernmental relationship that exists between native nations, the states, and the federal government.

American Indians and State Law examines the history of state and territorial policies, laws, and judicial decisions pertaining to Native Americans from 1790 to 1880. The book reveals how states and territories extended their legislative and judicial authority over American Indians during this period and details how state and territorial governments regulated American Indians and brought them into local criminal courts, as well as how Indians contested the actions of states and asserted tribal sovereignty.

Because Native Americans are today recognized simultaneously as sovereign tribal groups and as American citizens, they present American society and its policy-making processes with a problem fundamentally different from that posed by other ethnic minorities.

A history of federal Indian policy -- Definitions: "Indian," "Indian tribe, " "Indian country, " "and "Indian title" -- The trust responsibility -- Indian treaties -- Federal power over Indian affairs -- Tribal self-government -- State power over Indian affairs -- Criminal jurisdiction in Indian country -- Civil jurisdiction in Indian country -- Taxation -- Hunting, fishing, and gathering rights -- Indian water rights -- Civil rights of Indians -- The Indian Civil Rights Act -- The special status of certain Indian groups -- Government services to Indians -- The Indian Child Welfare Act -- Judicial review.

American Indian attorney and proud Chippewa Cree Nation citizen Alan R. Parker gives insight into the design and development of the public policy initiatives that led to major changes in the U.S. government's relationships with Tribal Nations. Here he relates the history of the federal government's attempts, beginning in 1953 and lasting through 1965, to "terminate" its obligations to tribes that had been written into over 370 Indian treaties in the nineteenth century. When Indian leaders gathered in Chicago in 1961, they developed a common strategy in response to termination that led to a new era of "Indian Self-Determination, not Termination," as promised by President Nixon in his 1970 message to Congress. Congressional leaders took up Nixon's challenge and created a new Committee on Indian Affairs. Parker was hired as Chief Counsel to the committee, where he began his work by designing legislation to stop the theft of Indian children from their communities and writing laws to settle long-standing Indian water and land claims based on principles of informed consent to negotiated agreements. A decade later, Parker was called back to the senate to work as staff director to the Committee on Indian Affairs, taking up legislation designed by tribal leaders to wrest control from the Bureau of Indian Affairs over governance on the nation's 250 Indian reservations and negotiating agreements between the tribes that led to the Indian Gaming Regulatory Act.

Fostering State-Tribal Collaboration: An Indian Law Primer surveys federal Indian law in order to facilitate collaborative policy development between the states and Native American tribes. Wilkins addresses civil and criminal jurisdiction, taxation, the Indian Child Welfare Act and other human services issues, environmental regulation, Indian gaming and revenue sharing, intergovernmental agreements and limited waivers of sovereign immunity, encouraging a move away from conflict and litigation and towards communication and collaboration. She provides a historical context for the existing law and foundational knowledge to foster programs and policies that meet the needs of all citizens and engage in successful cross-jurisdictional policy development.

Integrating American Indian 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 not an Indian law casebook, this work does contain outlines of many major Indian law cases, congressional acts, and treaties. It also contains profiles of individuals important to the evolution of Indian law.

This invaluable reference reveals the long, often contentious history of Native American treaties, providing a rich overview of a topic of continuing importance. Treaties with American Indians: An Encyclopedia of Rights, Conflicts, and Sovereignty is the first comprehensive introduction to the treaties that promised land, self-government, financial assistance, and cultural protections to many of the over 500 tribes of North America (including Alaska, Hawaii, and Canada). Going well beyond describing terms and conditions, it is the only reference to explore the historical, political, legal, and geographical contexts in which each treaty took shape. Coverage ranges from the 1778 alliance with the Delaware tribe (the first such treaty), to the landmark Worcester v. Georgia case (1832), which affirmed tribal sovereignty, to the 1871 legislation that ended the treaty process, to the continuing impact of treaties in force today.