Native American Law

There are over 550 Native American tribes. The Indian Reorganization Act of 1934 encouraged tribes to enact their own laws. Tribal laws consist of the codes and constitutions of each tribe, as well as ordinances, resolutions, and regulations.

As sovereigns, Tribes enact laws on similar subjects as other sovereigns, such as criminal law, civil law, and civil procedure. Tribes also enact unique laws, such as laws on tribal membership - each tribe prescribes its own rules for membership, usually in its constitution. 

Not all laws are written or published. Some tribes have comprehensive coverage in sophisticated databases, but by no means all. Some tribal courts have their written laws and court procedures online, while other tribal websites are often not updated.

In 1971, the Native Indian Rights Fund created the National Indian Law Library (NILL). The library provides access to the various resources of Federal Indian law, as well as tribal law.

Here are two parts of the NILL that you may find particularly helpful:

• Tribal Law Gateway (allows you to find tribal law materials by tribe)
• Indian Law News Bulletins (provides succinct and timely information about new developments in Indian Law)

Developed by the University of Arizona as an online resource center for Indigenous people across the nation.  It contains articles, case studies, videos, and other resources focused on governance, sovereignty, leadership, and sustainable economic and community development.

• Indigenous Governance Database

Tribes have always had, and continue to retain the sovereign authority to establish and operate their own Tribal justice systems. Modern Tribal courts are under Tribal control, and are directly oriented to the needs of Tribal members. Some tribes have developed a hybrid or blended judicial system, incorporating the dispute resolution elements of Indigenous or Code of Federal Regulations courts, and a more modern focus to ensure due process.

There are at least 400 tribal courts. The court systems operating in Indian country vary by tribe. The Indian country judicial system revolves around a core of four legal institutions—Court of Indian Offenses (CFR courts), Tribal courts of appeal, Tribal courts of general jurisdiction, and Indigenous forums. 

Westlaw tribal court reporters:

• Oklahoma Tribal Court Reports (begins with 1978)
• West's Mashantucket Pequot Reports (begins with 1992)
• West's American Tribal Law Reporter

Westlaw's American Tribal Law Reporter coverage includes tribal, appeals, and supreme court opinions from the following American tribal courts:

• Cherokee Nation of Oklahoma (begins with 1998)
• Cheyenne River Sioux (begins with 1998)
• Confederated Salish & Kootenai Tribes (begins with 1997)
• Confederated Tribes of the Colville Reservation (begins with 1997)
• Confederated Tribes of the Grand Ronde Community (begins with 1999)
• Eastern Band of Cherokee Indians (begins with 2000)
• Fort McDowell Yavapai Nation (begins with 2001)
• Fort Peck Tribes (begins with 1997)
• Grand Traverse Band (begins with 1997)
• Ho-Chunk Nation (begins with 1997)
• Hopi (begins with 1997)
• Inter-Tribal Council of Nevada (begins with 1997)
• Leech Lake Band of Ojibwe (2002)
• Little River Band of Ottawa Indians (begins with 1998)
• Little Traverse Bay Bands of Odawa Indians (begins with 1998)
• Mille Lacs Band of Chippewa Indians (begins with 1998)
• Mohegan (begins with 1997)
• Navajo Nation (begins with 1997)
• Oneida Tribe of Indians of Wisconsin (begins with 1997)
• Sac & Fox Nation (begins with 1998)
• Tulalip Tribes (begins with 1997)

Index of Tribal Court Cases
The National Indian Law Library provides a searchable index to the Indian Law Reporter.
 

Northwest Intertribal Court System

The Northwest Intertribal Court System (NICS) is a consortium of Native American Indian Tribes in the Pacific Northwest region of the United States. The linked database contains select tribal court appellate opinions from thirty Indian tribes in the Pacific Northwest, Alaska, and Northern California.

Southwest Intertribal Court of Appeals

American Indian Law Center’s Southwest Intertribal Court of Appeals (SWITCA) Program provides an appellate court forum for tribes located in New Mexico, Colorado, Arizona and West Texas. Since its inception in 1989, SWITCA has allowed tribal courts to bring cases before a panel of experienced judges to render decisions at the appellate level for those tribes that do not have the financial means or governmental infrastructure to administer a court of appeals for tribal court decisions.

Tribal Law and Policy Institute

The Tribal Law and Policy Institute hosts a searchable database of tribal court opinions, in partnership with VersusLaw. The linked page also provides a state-by-state list of tribal court decision websites for approx. 60 tribal courts.

U. South Dakota Law (Select Opinions)

The law school has provided a set of opinions from Chief Justice Frank Pommersheim's 25 years as an appellate justice. Coverage includes: Cheyenne River Sioux Tribal Court of Appeals (1988-current); Crow Creek Sioux Supreme Court (2013-current); Flandreau Santee Sioux Tribal Court of Appeals (1997-current); Grand Portage Band of Chippewa Court of Appeals (1998-2002); Lower Sioux Indian Community Court of Appeals; Mississippi Band of Choctaw Indians Supreme Court (2000-2008); Rosebud Sioux Tribe Supreme Court (1987-current); Saginaw Chippewa Tribal Court of Appeals (1998-2008); Special Appointments; and Winnebago Supreme Court.

Tribal Court Clearinghouse Tribal Constitutions
 

Native American Constitutions

Part of the Native American Constitution and Law Digitization Project, coordinated by the University of Oklahoma Law Library and the National Indian Law Library of the Native American Rights Fund.

Native American Codes

Also part of OU's Native American Constitution and Law Digitization Project.

Law Library of Congress' American Indian Constitutions

This blog posting describes the addition of 428 Native American documents containing constitutions, charters, and acts from the years 1830 to 1960 to Law.gov.

National Indian Law Library, How to Find Tribal Constitutions