LibGuides: Indigenous & Native Peoples of the United States Law: Resources

Resources

Visit the NCCU Law Library Catalog for more titles.

Suggested search terms:

Native American Law
American Indian Law

Introduction to Tribal Legal Studies by Justin B. Richland; Sarah Deer
Call Number: KF8205 .R53 2010
ISBN: 9780759112100
Publication Date: 2010-01-16
*Available through TRLN*
This book is the only available comprehensive introduction to tribal law. It is an indispensable resource for students, tribal leaders, and professionals interested in the complicated relationship between tribal, federal, and state law.
American Indian Law in a Nutshell, 7th by William C. Canby
Publication Date: 2020
Westlaw E-Study Aid (Online)
Reliable source on American Indian law. This authoritative text covers the essentials of this complex body of law with emphasis on the governmental policies underlying it. Includes chapters on Indian gaming and Alaska Native law, but does not include specialized problems of Oklahoma and New York Indians, urban Indians, or Native Hawaiians.
American Indian Law Deskbook by Conference of Western Attorneys General
ISBN: 9781668744659
Publication Date: 2024
Westlaw E-Treatise (Online)
American Indian Law Deskbook is a concise, direct, and easy-to-understand handbook on Indian law. Indian law is a dynamic, ever-evolving field of law that overlaps other areas of the law as tribes expand their economic and political reach in our society. If a lawyer needs a concise, direct, and easy-to-understand handbook on Indian law, this book meets that need. As the chief legal officers of the states, the State Attorneys General offer a unique insight into Indian law. The states have been parties before the United States Supreme Court and the lower courts to many of the cases that have shaped Indian Law over the years. The chapter authors of this book are experienced state lawyers who have been involved in Indian law for many years.
Encyclopedia of United States Indian Policy and Law SET by Paul Finkelman (Editor); Tim Alan Garrison (Editor)
Call Number: KF8205 .E525 2009 v.1 & 2
ISBN: 9781933116983
Publication Date: 2008-12-23
An essential reference on the reciprocal role that U.S. and Native policy and law have played in American political development Created by a culturally diverse editorial board of major scholars and containing invaluable bibliographic material not found in other publications, this definitive two-volume set examines the history and impact of U.S. relations with Native Americans. Extensive essays trace policies from the Continental Congress to the present day--including the role that managing the "Indian question" has played in American political development--while A to Z entries cover everything critical to a full understanding of the context to U.S./Native American relations, from history, politics, and sociology to civil rights and culture. The set is also the first reference of its kind to incorporate the expanding scholarship reflecting both the Native American viewpoint on and response to federal policies and initiatives over time.
Mastering American Indian Law by Angelique EagleWoman; Stacy Leeds
Call Number: KIE110 .E15 2019
ISBN: 9781611638967
Publication Date: 2019-08-01
*IN LAW LIBRARY Ready Reference*
Mastering American Indian Law is a text designed to provide readers with an overview of the field and serve as a useful supplement to classroom instruction covering tribal law, federal Indian law, and tribal-state relations. In ten chapters, the book has full discussions of a wide range of topics, including: Chapter 2, "American Indian Property Law"; Chapter 3, "Criminal Jurisdiction in Indian Country"; Chapter 4 "Tribal Government, Civil Jurisdiction and Regulation"; Chapter 8, "Tribal-State Relations"; and Chapter 9, "Sacred Sites and Cultural Property Protection." Throughout the text, explanations of the relevant interaction between tribal governments, the federal government, and state governments are included in the various subject areas. In Chapter 10, "International Indigenous Issues and Tribal Nations," the significant evolution of collective rights in international documents is focused upon as these documents may be relevant for tribal governments in relations with the United States. For Indian law courses, law school seminars on topics in American Indian Law, undergraduate and graduate level American Indian Studies classes, and those interested in the field, this book provides an easy-to-read text to guide readers from the historical to the contemporary on the major aspects of American Indian law and policy. This second edition keeps pace with legal developments in policy, federal law, and court decisions, while it continues to fill a unique niche as a primary and secondary text for courses in the field. Updates are provided for key developments such as the recent U.S. Supreme Court decisions on tribal jurisdiction, sovereign immunity, and the release of the U.S. Bureau of Indian Affairs Guidelines on the interpretation of the Indian Child Welfare Act. The text also serves as a practical guide for Indian law practitioners and lawyers that are looking to expand their knowledge of American Indian law.
The Rights of Indians and Tribes by Stephen L. Pevar
Call Number: KIE110 .P48 2024
ISBN: 9780190077563
Publication Date: 2024-02-29
*Temporarily shelved behind Law Library front desk-see staff*
The Rights of Indians and Tribes explains Federal Indian Law in a conversational manner, yet is highly authoritative, containing over 2000 footnotes with citations to relevant court decisions, statutes, and agency regulations. Since its initial publication in 1983 it has sold over 150,000 copies. It is user-friendly and particularly helpful for tribal advocates, students, government officials, lawyers, and members of the general public. The book uses a question-and-answer format and covers every important subject impacting Indians and tribes today and discusses which governments-tribal, state, and federal-have authority on Indian reservations. This fully-updated fifth edition provides a Foreword by John Echohawk, Director of the Native American Rights Fund, and covers the most significant legal issues facing Indians and Indian tribes. This includes the regulation of non-Indians on reservations, definitions of important legal terms, Indian treaties, the Indian Civil Rights Act, the Indian Gaming Regulatory Act, and the Indian Child Welfare Act.
Documents of United States Indian Policy by Francis Paul Prucha (Editor)
Call Number: KF8205 .D63 2000
ISBN: 9780803237285
Publication Date: 2000-10-01
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, religiousnbsp;rights, repatriation of human remains, trust management, health and education, federal recognition of tribes, presidential policies, and Alaska Natives.

Journals

Law reviews and journal articles are available on a number of legal research platforms. Consider using one of the following sources to research legal issues impacting indigenous and native peoples in the United States.

HeinOnline: Law Journal Library To get you started, select journal titles available in HeinOnline are listed below:
- The American Indian Law Journal (AILJ)
- The American Indian Law Review (AILR)
- Indigenous People's Journal of Law, Culture and Resistance
Native American Rights Fund (NARF) Legal Review - published semi-annually and provides updates on NARF’s cases and information on other timely Indian law topics. Available from 1972 to current
National Indian Law Library (NILL):Law Review and Bar Journal - a law library devoted to federal Indian and tribal law. NILL maintains a unique and valuable collection of Indian law resources and assists people with their Indian law-related research needs.

Lexis+ This link opens in a new window
Lexis+ and Lexis.com are premier research platforms that provide access to multiple legal databases, including federal and state case law, statutes, administrative regulations, as well as a robust library of secondary sources and practice aids. Access is available only to NCCU law students, faculty, and staff. Username and password required.
Westlaw Precision This link opens in a new window
Premier research platform that provide access to over 40,000 legal databases, including federal and state case law, statutes, administrative regulations, as well as a robust library of secondary sources and practice aids. Access is available only to NCCU law students, faculty, and staff. Username and password required.
Google Scholar This link opens in a new window
Google Scholar is a web resource that allows users to search for journal articles, citations, theses, pre-prints and book availability on the web. Materials located using Google Scholar come from a wide variety of sources, including selected academic publishers, professional organizations, and scholarly material from the open web.
Social Science Research Network (SSRN) This link opens in a new window
Social Science Research Network (SSRN) is an open access collection of social science research working papers, accepted papers, published papers, and conference papers. SSRN is subdivided into a variety of disciplinary networks, including law (as part of the Legal Scholarship Network division of SSRN).

LSN -SSRN Legal Scholarship Network

This specialized area of the SSRN website provides an indexed set of links to a vast array of journals-a rich resource for legal articles, such as the Indigenous Nations & Peoples Law eJournal.

HeinOnline This link opens in a new window
HeinOnline provides full-text, PDF files of a variety of legal resources. Its 70+ sub-databases include a comprehensive law review and journal library; U.S. and international government materials such as the U.S.C., C.F.R., Papers of the Presidents, U.S. Reports, and world constitutions; and resources organized by topics such as gun regulation, civil rights, intellectual property law, and indigenous American law. Users can search across all databases at once, browse databases by categories like Case Law or International Resources, or select a specific database by name, like American Indian Law Collection and Territorial Papers.

HeinOnline American Indian Law Collection

With more than 700 unique titles and 350,000 pages dedicated to American Indian Law, the American Indian Law Collection includes an expansive archive of treaties, federal statutes and regulations, federal case law, tribal codes, constitutions, and jurisprudence. This collection also features rare compilations edited by Felix S. Cohen that have never before been accessible online.

Territorial Papers of the United States, Vol.1-28 (1787-1848)

More than half of America’s states began as territories. From the 1760s to the 1950s the United States of America expanded southward and westward, acquiring territories that spanned from Florida to California to Alaska. Before they evolved into twenty-seven American states, these territories were managed by the U.S. State and Interior departments. The official history of their formative territorial years is recorded in the “Territorial Papers of the United States”—a collection of Native American negotiations and treaties, official correspondence with the federal government, military records, judicial proceedings, population data, financial statistics, land records, and more. For the first time, the Territorial Papers are available in a digital online collection, offering unparalleled research opportunities for anyone interested in the creation of modern-day America.

Lexis+ This link opens in a new window
Lexis+ and Lexis.com are premier research platforms that provide access to multiple legal databases, including federal and state case law, statutes, administrative regulations, as well as a robust library of secondary sources and practice aids. Access is available only to NCCU law students, faculty, and staff. Username and password required.
ProQuest Congressional This link opens in a new window
Federal congressional publications and information of particular importance to legislative history research. Publications include bills, hearings, committee reports, the Congressional Record, the U.S. Statutes at Large, the U.S. Code, the Code of Federal Regulations, the Federal Register, compiled legislative histories, Congressional Research Reports, campaign contribution and financial information, voting record information, and congressional news sources. Click the question mark icon, then Help--Other Help--Content Coverage Chart for dates of coverage and update schedule of congressional documents.
ProQuest Legislative Insight This link opens in a new window
A federal legislative history service that makes available researched compilations of full text publications created by Congress during the process leading up to the enactment of U.S. Public Law. It includes only documents related to the passage of a law, so hearings, reports, bills, etc., that are not part of a legislative history are not included in the database. (For those other materials, please use ProQuest Congressional.) Coverage: 1789-2023.
ProQuest Regulatory Insight This link opens in a new window
Companion to Legislative Insight and Supreme Court Insight, Regulatory Insight compiles Federal Register (FR) articles into regulatory histories associated with Public Laws and Executive Orders. Users can research FR articles organized according to the Code of Federal Regulations (CFR) Parts over which each Agency has jurisdiction, and link between historic and current agencies with related jurisdiction. Includes direct links to histories in Legislative Insight and related Supreme Court cases. Covers 1936-2023.
Proquest Supreme Court Insight This link opens in a new window
Complete collection of full opinions from Supreme Court argued cases, including per decision, dockets, oral arguments, joint appendices, and amicus briefs, from 1897 through the 2022/2023 term. Also included are certiorari denied cases (cases that the Supreme Court did not hear) from 1975 through the 2022/2023 term.
Westlaw Precision This link opens in a new window
Premier research platform that provide access to over 40,000 legal databases, including federal and state case law, statutes, administrative regulations, as well as a robust library of secondary sources and practice aids. Access is available only to NCCU law students, faculty, and staff. Username and password required.

Free Government Resources

Congress.gov This link opens in a new window
Congress.gov provides free access to Bills and Resolutions (101st Congress to present), Public Laws (93rd Congress to present), House and Senate Roll Call Votes (101st Congress to present), Browse Legislation by Sponsor (93rd Congress to present), and the Congressional Record 101st Congress to present).
Govinfo This link opens in a new window
Govinfo provides free public access to official publications from all three branches of the federal government. It also includes content about Native and Indigenous peoples such as the collection below

Native American and American Indian Related Publications- Native American and American Indian related digitized publications and official documents of Congress and Federal agency publishers are available through GovInfo.

U.S. Courts.gov This link opens in a new window
U.S. Courts.gov is the portal to the Federal Judiciary. Provides links to the U.S. Supreme Court, U.S. Courts of Appeal, U.S. District Courts and U.S. Bankruptcy Courts, as well as an archive of articles, a court locator map, and statistical data on the federal judiciary.

Free Online Resources: Treaty Focused

GovInfo.gov

Kappler's Indian Affairs: Laws and Treaties- 7 volume set compiled by Charles J. Kappler

University of Nebraska Lincoln

Early Recognized Treaties with American Indian Nations- This web page provides access to nine early treaties between 1722 and 1805 which are not included in the Kappler compilation

Yale University

The Jay Treaty of 1794 and Associated Documents- This website provides access to the Treaty between Canada and the U.S. dealing with American Indians residing in both Canada and the U.S..

United States State Department

Treaties in Force- This website provides information about treaties and other international agreements to which the United States is presently a party. This is a highly recommended resource for current treaties the United States is a party to.

Museum of Indian Arts and Culture in partnership with the US National Archives Office of Innovation and National Archives Foundation

Indigenous Digital Archive Treaties Explorer- This project presents the 374 Ratified Indian Treaties alongside key historic works that provide context to the agreements made and the histories of shared lands

Historical Treaties Print Resources

Visit the NCCU Law Library Catalog for more resources to find Treaties.

Suggested search terms:

Native American Treaties
United States and Indian Treaties

Documents of American Indian Diplomacy (2 Volume Set) by Vine Deloria; Raymond J. DeMallie
Call Number: KF8202 .D6 1999 v;1 & 2
ISBN: 9780806131184
Publication Date: 1999-12-15
Reproduced in this two-volume set are hundreds of treaties and agreements made by Indian nations--with, among others, the Continental Congress; England, Spain, and other foreign countries; the Republic of Texas and the Confederate States; railroad companies seeking rights-of-way across Indian land; and other Indian nations. Many were made with the United States but either remained unratified by Congress or were rejected by the Indians themselves after the Senate amended them. Many others are "agreements" made after U.S. treaty making with Indian tribes officially ended in 1871. These documents--augmented by chapter introductions that concisely set each type of treaty in its historical and political context--these documents effectively trace the evolution of American Indian diplomacy in the United States. This volume is the first major accessible compilation since Charles Kappler's 1904 Indian Affairs, Laws and Treaties. As a group, these documents highlight American Indians' roles as active agents in international diplomatic affairs.
Treaties with American Indians by Donald L. Fixico (Editor)
ISBN: 9781576078808
Publication Date: 2007-12-12
*AVAILABLE THROUGH TRLN*
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. Alphabetically organized entries cover key individuals, events, laws, court cases, and other topics. Also included are 16 in-depth essays on major issues (Indian and government views of treaty-making, contemporary rights to gaming and repatriation, etc.) plus six essays exploring Native American intertribal relationships region by region. Over 300 A-Z entries covering important treaties such as the Treaty of 1778, U.S. and Indian leaders such as Chief Justice John Marshall and Red Cloud of the Sioux, and legal decisions such as Worcester v. Georgia 16 in-depth thematic essays providing both government and Indian perspectives on major issues, plus six essays looking at U.S.-Indian relations region by region A complete chronology of the major events that shaped the history of Native American treaty-making Over 100 contributors who are distinguished scholars in their field, such as Carole Greenberg and R. David Edmunds Photographs of significant individuals, treaty sites, and artifacts
Kappler Revisited: An Index and Bibliographic Guide to American Indian Treaties by Charles D. Bernholz
ISBN: 0962958646
Publication Date: 2003-01-01
*AVAILABLE Through TRLN*
As Clerk to the Senate Committee on Indian Affairs, Charles J. Kappler (1868-1946) brought together copies of all but a few of the acknowledged Indian treaties; his collection has served as the primary resource for these documents since its publication in 1904. Bernholz updates Kappler's work, with the inclusion of relevant resource information on the first seven recognized treaties with the tribes (absent from Kappler's work), inclusion of all tribes participating in each treaty, and standardized names for every tribe and tribal group. The text includes analytical essays by Bernholz, an extensive scholarly bibliography, and a guide to resources on the Internet. Bernholz is the government documents librarian at U. of Nebraska, Lincoln.
Early American Indian Documents by John T. Juricek (Editor)
Call Number: KF8202 1979 v.1 - 20
ISBN: 9780890931806
Publication Date: 1987-01-01
A collection of historical documents, primarily treaties and legal agreements, made between early American colonists and Native American tribes during the period spanning from 1607 to 1789, essentially encompassing the colonial era before the establishment of the United States as a nation; this compilation is considered a key source for understanding the complex legal and political relationships between the two groups during this time period.

Case Law

Landmark Cases in Print

Visit the NCCU Law Library Catalog for more titles.

Suggested search terms:

Native American Case Law
American Indian Supreme Court Cases

Landmark Indian Law Cases by National Indian Law Library
Call Number: KF8204.5 .L36 2002
*Access through HeinOnline*
E-Book Contains 53 landmark U.S. Supreme Court decisions.
Landmark Indian Law Cases by National Indian Law Library Staff (Contribution by)
Call Number: KF8205 .L36 2022
ISBN: 9780837742595
Publication Date: 2022-01-01
Presents 54 ground-breaking federal Indian law decisions made by the U.S. Supreme Court. This edition adds five cases that were either decided or gained elevated significance since the first edition. Conversely, five cases with waning prominence are no longer included in the text. The subject index, which includes all the cases under one or more subject headings, provides a quick reference aid. Additionally, each case now includes a summary that explains why it is a landmark Indian law case and the key holding(s) of the decision.

Digital Resources

National Indian Law Library

Indian Law Reporter Cumulative Index- Online index to the print publication of the American Indian Lawyer Training Program covering the tribal court opinions. It was created and is maintained by the National Indian Law Library. Coverage is from 1974 to current issue. Ceased publication with Volume 40 (2013).

HeinOnline This link opens in a new window
HeinOnline provides full-text, PDF files of a variety of legal resources. Its 70+ sub-databases include a comprehensive law review and journal library; U.S. and international government materials such as the U.S.C., C.F.R., Papers of the Presidents, U.S. Reports, and world constitutions; and resources organized by topics such as gun regulation, civil rights, intellectual property law, and indigenous American law. Users can search across all databases at once, browse databases by categories like Case Law or International Resources, or select a specific database by name, like American Indian Law Collection and Territorial Papers.
Lexis+ This link opens in a new window
Lexis+ and Lexis.com are premier research platforms that provide access to multiple legal databases, including federal and state case law, statutes, administrative regulations, as well as a robust library of secondary sources and practice aids. Access is available only to NCCU law students, faculty, and staff. Username and password required.
Westlaw Precision This link opens in a new window
Premier research platform that provide access to over 40,000 legal databases, including federal and state case law, statutes, administrative regulations, as well as a robust library of secondary sources and practice aids. Access is available only to NCCU law students, faculty, and staff. Username and password required.

Free Resources

Google Scholar This link opens in a new window
Google Scholar is a web resource that allows users to search for journal articles, citations, theses, pre-prints and book availability on the web. Materials located using Google Scholar come from a wide variety of sources, including selected academic publishers, professional organizations, and scholarly material from the open web.

Justia
Most services including cases and statutes free, other resources paid through third party vendors.
FindLaw
Most services including cases and statutes free, other resources paid through third party vendors.

Administrative Law

Indian Claims Commissions (1946-1977)
- This commission was established under the Indian Claims Act of 1946. The commission's work lasted nearly 20 years, ending its operation in 1977.
  - Materials- National Indian Law Library
  - Decisions- Oklahoma State University Library Digital Collections

Opinions of the Solicitor of the Department of the Interior Relating to Indian Affairs 1917-1974 -

University of Oklahoma Law School Digital collections

U.S. Department of the Interior Solicitor's Opinions 1993-present-

The Department of the Interior (DOI) manages public lands and minerals, national parks, and wildlife refuges and upholds Federal trust responsibilities to Indian tribes and Native Alaskans

U.S. Department of Justice - Office of Tribal Justice

The OTJ serves as the point of contact for federally recognized tribal governments and tribal organizations with respect to questions and comments regarding policies and programs of the Department and issues relating to public safety and justice in Indian country

Government Agencies, Boards, Committees, etc.

Indigenous Scholars

Vine Deloria Jr., a lawyer and theologist. He has published many works on treaties, tribal sovereignty, and religion.

Visitors, please read the Law Library's Visitors Policy for updated visitor's requirements.

If research assistance is needed, please do not visit the library without receiving confirmation of your appointment from a library staff member.

Indigenous & Native Peoples of the United States Law: Resources

Resources

Journals

LSN -SSRN Legal Scholarship Network

Free Government Resources

Free Online Resources: Treaty Focused

Historical Treaties Print Resources

Case Law

Landmark Cases in Print

Digital Resources

Free Resources

Administrative Law

Government Agencies, Boards, Committees, etc.

Indigenous Scholars