Native American Law
American Indian or Native American law comprises Federal, State and Tribal Law.
There are over 550 tribes in the USA, each with its own laws and justice systems. Tribal laws are internal or 'domestic' laws which apply only to the members of a tribe. 'Tribal law' refers generically to the laws of various tribes. Before the arrival of European nations and the formation of the United States, the laws of Indian tribes (or 'nations') usually took the form of informal, common-law rules. Today, tribal law generally includes the authority to decide tribal membership, enforce criminal laws against members of the tribe, enact domestic laws, and regulate the activities of the people residing within tribal territories. Native Americans are also subject to US laws. Apart from laws that affect all Americans, Federal Indian law is the law that describes and controls the relationships between American Indian tribes, the United States, and the states. Federal Indian law consists mostly of federal common law that derives from the thousands of cases interpreting Indian treaties, Federal Indian-affairs legislation, and the one US Constitutional provision that deals with Indian affairs (the Indian commerce clause). In addition, treaties entered into in the late 1800s create the framework for government-tribal relations for particular tribes.
Most government law relating to Native Americans and tribal activities is Federal rather than State. This Research Guide focuses on tribal law and Federal laws affecting Native Americans.
We recommend starting your research with secondary sources such as commentary, books and journal articles.
- LoC American Indian Law: A Beginner's GuideThis Law Library of Congress guide introduces researchers to major topics and resources on American Indian law, including federal and tribal laws and legal resources.
- A legal practitioner's guide to Indian and tribal law researchAn excellent and clear introduction to Native American Law and research is Kelly Kunsch, 'A legal practitioner's guide to Indian and tribal law research' (2016) 5 American Indian Law Journal 102-138 (open access).
- The University of Mexico Indian Law Research GuideThe University of New Mexico School of Law Library has an extensive and well-preserved in-house Indian Law Collection, and information on many online resources. They have 5 separate research guides on distinct areas within Indian Law.
- Arizona State University Indian Law GuideThis research guide is designed to assist attorneys and scholars in researching federal Indian law, tribal law, and international law related to indigenous peoples.
- National Indian Law Library (NILL) (open access)Includes useful research guides and other resources. It's Tribal Law Gateway lists hundreds of tribes. Each tribal page links to available online versions of tribal constitutions and codes, case law, treaties and other sources of Indian and tribal law.
- Indigenous Peoples of the Americas: History, Culture & LawWith more than 3,700 titles and more than 1.5 million total pages dedicated to indigenous American life and law, this collection includes an expansive archive of treaties, federal statutes and regulations, federal case law, tribal codes, constitutions, and jurisprudence. It also features rare compilations edited by Felix S. Cohen that have never before been accessible online.
- Tribal Treaties DatabaseThis database is the digitization project of Oklahoma State University and includes agreements between tribal nations and the United States. These were initally published in the title “Indian Affairs: Laws and Treaties” (Volume II).
- LLMC Digital : Indigenous Law PortalLLMC is a non-profit cooperative of libraries dedicated to the twin goals of, preserving legal titles and government documents, while making copies inexpensively available digitally through its on-line service LLMC-Digital. LLMC provides libraries with a reliable and budget-friendly source of digital replacement when their older, physically deteriorating books became too burdensome to store given diminished use. While aiding libraries in their preservation and space recovery programs, it also provides an economical way to complete retrospective collections.
- doCip : Indigenous Peoples' Center for Documentation, Research and InformationFor the past 30 years, Docip has collected thousands of diverse documents on Indigenous Peoples, including Statements made at international conferences, and have classified, catalogued and made them available online to the public. Their collections include documents produced by Indigenous organizations and Indigenous or non-Indigenous academics, major UN reports on Indigenous themes, historical documents, etc. They maintain the documentation on their online database. Their Documentation collections constitute the collective record and memory of the recognition of the rights of Indigenous Peoples at the international level.
- LoC Indigenous Law collectionThe Law Library of Congress collection contains a variety of Indigenous legal materials from the United States and jurisdictions from around the world, including historical constitutions and charters.
For useful and succinct introductions to Native American legal history, customary law, and the current position of tribal law and Native Americans within the US legal system, see the following books and chapters:
Ally Authors
The Oxford International Encyclopedia of Legal History by Call Number: E-bookPublication Date: OUP, 2009See the chapter on Native Americans.
The Oxford Companion to the Supreme Court of the United States by Call Number: BA 347.732603 OXFOPublication Date: OUP, 2005See the chapter on Native Americans
The Oxford Companion to American Law by Call Number: StorePublication Date: OUP, 2002See the chapter on Native Americans and the Law.
Indigenous Peoples of the Americas
It has more than 3,700 titles and more than 1.5 million pages dedicated to Indigenous American life and law. It includes an archive of treaties, federal statutes and regulations, case law, tribal codes, constitutions and jurisprudence. It also features rare compilations edited by Felix S. Cohen that have never been seen before online.
- HeinOnlineHeinOnline is Hein’s premier online research product with millions of pages of legal history available in an online, fully-searchable, image-based format. The collection features legal classics from the 16th to the 20th centuries in addition to its vast collection of current day law journals. Each collection can be searched separately, or cross-searched from the HeinOnline homepage.
A great introduction to the topic
Ally Authors
Cohen's Handbook of Federal Indian Law by Call Number: KN 154.3 G1 COHEPublication Date: LexisNexis, 2012 edition plus 2017 Supplement
Books
First Nations Authors
Ally Authors
The Rights of Indians and Tribes by Call Number: KM 208.431 G1 PEVAISBN: 9780199795352Publication Date: 2012
