Focus of this Guide
The focus of this guide is to provide a broad overview of resources available to researchers of Federal Indian, tribal, and indigenous peoples law issues. Tribal law is notably distinct from federal Indian law. Federal Indian law concerns the relationship between federal, state, and tribal governments, while tribal law is the law tribes develop and apply to their members and territories.
Because many of the resources available to research Federal Indian law are similar to the resources used to research other areas of the law, less emphasis is placed on Federal Indian Law research.
While some detail is provided, users of the guide should remember that this guide is introductory in nature and focuses primarily on more widely available electronic resources and resources available at the University of Oklahoma Donald E. Pray Law Library.
Treatises and Study Aids
- Cohen's Handbook of Federal Indian Law 2012 ed. byCall Number: KF 8205 .A33 2012ISBN: 0769855164Publication Date: 2012This is the foundational treatise on Federal Indian Law. It was was first published in 1940 as a government document written by Felix S. Cohen. The 2012 edition has been updated with a 2019 supplement with is included as a pocket part in the print editions. This resource is also available through 2023 releases on Lexis+.
- American Indian Law in a Nutshell byCall Number: KF 8205 .Z9 C36 2020ISBN: 1640209131Publication Date: 2019-12-30This guide provides a reliable resource on American Indian law. Its authoritative text covers the essentials of this complex body of law, with attention to the governmental policies underlying it. The work emphasizes both the historical development of Federal Indian Law and recent matters such as the evolution of Indian gaming, issues arising under the Indian Child Welfare Act, and the present enforcement of treaty rights. It addresses the policy and law applicable to Alaska Natives, but does not deal with Native Hawai'ians.
- American Indian Law Deskbook byCall Number: Donald Pray Law Library The Strickland Collection of Native Peoples Law KF 8205 .A76Publication Date: Last issue 2024This resource is a collaborative product which covers much practical information involving state and tribal relations, The Deskbook provides readers with the neccessary historical and legal framework to understand the complexities faced by states, Indian tribes, and the federal government in Indian country.
Also available on Westlaw Precision.
Cohen's Handbook of Federal Indian Law
- Cohen's Handbook of Federal Indian LawMajor title in Lexis+ database. Kept current online. Includes modern and current issues of Federal Indian Law.
- Handbook of Federal Indian Law (Temporary Edition) 1940Included in HeinOnline American Indian Law Collection
Books on Federal Indian Law
- Sovereignty, Colonialism, and the Future of Indigenous Nations byCall Number: KF 8205 .P64 2005ISBN: 0890893330Publication Date: 2005Discusses the interplay of legal, political, economic, and cultural factors that contribute to the debate surrounding the status of Indigenous nations and Native peoples in the United States.
- The Rights of Indians and Tribes byCall Number: KF 8210 .C5 P48 2012ISBN: 0199795355Publication Date: 2012
- Federal Indian Law byCall Number: Donald Pray Law Library The Strickland Collection of Native Peoples Law KF 8205 .F55 2016ISBN: 9780314290717Publication Date: 2016-02-09Fletcher's Hornbook on Federal Indian Law is a deep survey of the history and substantive law governing the relations between the three American sovereigns, federal, state, and tribal. Interwoven are issues of federalism, administrative law, constitutional rights, and international relations. This hornbook includes original research and novel analysis of foundational Supreme Court decisions and critical federal statutory schemes - the stories beyond the stories. In addition to delving into the origins and histories of cases and statutes, the hornbook analyzes modern Indian rights settlements, the international and comparative frontiers of Indian law, and the future of the field.
Case Books + Text
- Aboriginal Legal Issues : Cases, Materials & Commentary, 4th ed. byCall Number: KE 7708.5 B67 2012ISBN: 9780433409649Publication Date: 2012Surveys most important issues in Canadian law concerning Aboriginal peoples.
- American Indian Law : Native Nations and the Federal System : Cases and Materials 6th ed byCall Number: KF 8204 .C55 2010ISBN: 1422476472Publication Date: 2010
- Cases and Materials on Federal Indian Law, 6th ed. byCall Number: KF 8204.5 G47 2011ISBN: 0314200371Publication Date: 2011
- Landmark Indian Law Cases (Second Ed.) byCall Number: KF 8205 .L36 2022ISBN: 0837742595Publication Date: 2022-01-01Cases selected by the National Indian Law Library of the Native American Rights Fund
- American Indian Tribal Law Second Edition byCall Number: KIE 110 .F57 2020ISBN: 9781543813647Publication Date: 2020-02-02Nearly every American Indian tribe has its own laws and courts. Taken together, these courts decide thousands of cases. Many span the full panoply of law--from criminal, civil, and probate cases, to divorce and environmental disputes. American Indian Tribal Law, now in its Second Edition, surveys the full spectrum of tribal justice systems. With cases, notes, and historical context, this text is ideal for courses on American Indian Law or Tribal Governments--and an essential orientation to legal practice within tribal jurisdictions. New to the Second Edition - A new chapter on professional responsibility and the regulation of lawyers in tribal jurisdictions; Enhanced materials on Indian child welfare; Additional materials on tribal laws that incorporate Indigenous language and culture; Additional examples from tribal justice systems and practice; Recent and noteworthy cases from tribal courts. A broad survey of dispute resolution systems within tribal jurisdictions A review of recent flashpoints in tribal law, such as internal tribal political matters, including intractable citizenship and election disputes enhanced criminal jurisdiction over nonmembers and non-Indians tribal constitutional reform, including a case study on the White Earth Nation; Cases and material reflecting a wide range of American Indian tribes and legal issues.
Reference Sources
- American Indians and the Law byCall Number: KF 8210 .R32 D88 2008ISBN: 9780670018574Publication Date: 2008-01-31The history and politics of American Indians' unique constitutional status from a renowned scholar. Few Americans know that Indian tribes have a legal status unique among America's distinct racial and ethnic groups: They are also sovereign governments that engage in governmental relations with Congress.
- American Indian Sovereignty and Law byCall Number: KF 8201. A1 A44 2009ISBN: 0810862352Publication Date: 2009This bibliography of law review articles and books is arranged by topic and includes sources dealing with federal Indian policy, federal and tribal courts, criminal justice, tribal governance, religious freedoms, economic development, and numerous sub-topics related to tribal and individual rights.
- Documents of United States Indian Policy (Third Edition) byCall Number: KF 8205 .D63 2000ISBN: 0803287623Publication Date: 2000This is a selective bibliography of major documents marking significant formulations of U.S. policy. Each is summarized and they are arranged in chronological order from 1783 to 2000.
- The Encyclopedia of Native American Legal Tradition byCall Number: KF 8204 .E53 1998ISBN: 0313301670Publication Date: 1998Emphasizes the contributions of traditional Native American political and legal systems in the development of American Indian Law and the political history of the United States.
- Encyclopedia of United States Indian Policy and Law byCall Number: KF 8205 .E49 2009ISBN: 1933116986Publication Date: 2009Introductory essays trace the development of federal Indian policies from the days of the Continental Congress to the present, arranged A-Z. Covers people, policy, beliefs, law, military and culture.
- Restatement of the Law, the Law of American Indians byCall Number: Donald Pray Law Library The Strickland Collection of Native Peoples Law KF 8205 .R485ISBN: 9781668734759Publication Date: 2022-01-01
Books by Leading Practitioners
- Best Practices for Protecting Natural Resources on Tribal Lands by Tribal "treatment as state" programs under federal environmental statutes : key provisions and case studies / Charles G. Curtis Jr., Donald C. Baur, and Jena A. MacLean, Partners, Perkins Coie LLP -- Developing a national Indian water rights policy / Thomas W. Fredericks, Managing Partner, Fredericks Pebbles & Morgan LLP -- One size does not fit all : different approaches to conservation and development of tribal resources / Blaine I. Green, Partner, Pillsbury Winthrop Shaw Pittman LLP -- Nuances and challenges of protecting tribal sovereignty / Kaighn Smith Jr., Shareholder, Drummond Woodsum MacMahon -- Rights of way on tribal lands, tribal water rights issues, and environmental regulation in Indian country / Jeffrey J. Wechsler, Shareholder, Montgomery & Andrews -- Preventing conflicts when developing projects on tribal lands and resolving disputes / Bart Freedman, Partner, K&L Gates LLP.Call Number: KF 8215.75 .B48 2016ISBN: 031429466XPublication Date: 2016-01-04
- Emerging Issues in Tribal-State Relations, 2016 Ed by Maxwell and tribal sovereign immunity in the Ninth Circuit: restoring a true purpose or ignoring reality? / Thomas B. Nedderman and John A. Safarli -- Developing energy resources and other economic projects on tribal lands / Pilar M. Thomas -- Civil and criminal litigation in western South Dakota tribal courts: a trial lawyer's perspective / Jeffrey Robert Connolly -- A look at tribal water rights and settlements / Ryan A. Smith and Emily Sullivan.Call Number: KF 8205 .A2 E46 2016ISBN: 0314295038Publication Date: 2016-06-01
- Navigating Tribal Law byCall Number: KIE 110 .N38 2012ISBN: 9780314287083Publication Date: 2012-12-01
Subject Headings for Searching in Online Library Catalog
Indians of North America (WITH A SUBHEADING)
--Legal status, laws, etc.
--Government relations
--Politics and government
Tribal government--United States
Indigenous peoples
E-books
- ebrary - digital libraryConsists of over 70,000 full-text e-books. As a starting point use "Indians of North America" as a subject term and focus for example with the subject term "Legal Status, Laws, Etc." When you create a free account you can create a bookshelf of your selections and you can download content to devices for 14 days.
- Canby's American Indian Law in a NutshellOnline Study Aid
- Federal Indian LawOnline Study Aid
- Indian Law StoriesOnline Study Aid
Addressing Historical and Cultural Influences
- Braid of Feathers byCall Number: Donald Pray Law Library The Strickland Collection of Native Peoples Law KF 8205 .P6 1995ISBN: 9780520208940Publication Date: 1997-03-29In this ambitious and moving book, Frank Pommersheim, who lived and worked on the Rosebud Sioux Indian Reservation for ten years, challenges the dominant legal history of American Indians and their tribes--a history that concedes far too much power to the laws and courts of the "conqueror." Writing from the perspective of the reservation and contemporary Indian life, Pommersheim makes an urgent call for the advancement of tribal sovereignty and of tribal court systems that are based on Indian culture and values. Taking as its starting point the cultural, spiritual, and physical nature of the reservation, Braid of Feathers goes on to trace the development of Indian law from the 1770s to the present. Pommersheim considers the meaning of justice from the indigenous point of view. He offers a trenchant analysis of the tribal courts, stressing the importance of language, narrative, and story. He concludes by offering a "geography of hope,"one that lies in the West, where Native Americans control a significant amount of natural resources, and where a new ethic of development and preservation is emerging within the dominant society. Pommersheim challenges both Indians and non-Indians to forge an alliance at the local level based on respect and reciprocity--to create solidarity, not undo difference.
- The Great Father: The United States Government and the American Indians byISBN: 0803287127Publication Date: 1986-04-01The Great Father was widely praised when it appeared in two volumes in 1984. This abridged one-volume edition follows the structure of the two-volume edition, eliminating only the footnotes and some of the detail. It is a comprehensive history of the relations between the U.S. government and the Indians. Covering the two centuries from the Revolutionary War to 1980, the book traces the development of American Indian policy and the growth of the bureaucracy created to implement that policy.
- Tribal Justice byISBN: 9781611636659Publication Date: 2016-01-01Tribal Justice is a book that provides an in-depth review and survey of tribal appellate court jurisprudence. The particular topics covered include enrollment and disenrollment, civil rights, elections and political participation, criminal law and procedure, rights of juveniles, tribal constitutions, and tradition and custom. The book focuses on the procedure and substance of tribal court appellate decision making as revealed in the text of actual court opinions. The decisions and accompanying notes are further amplified by the development of a model of tribal court jurisprudence and a discussion of various theories of tribal court judging. "Frank Pommersheim is the modern apotheosis of Ksa, Nanaboozhoo, Quetzalcotl, Athena, John Marshall, and the Buddha--all legends of judicial wisdom. Tribal Justice is a powerful culmination of his career work so far, and gives us all hope for another quarter century of his judgment, experience, and calm thoughtfulness. As the Buddha (probably) said, Pommersheim ponders from the stars and judges from the sky, yet speaks from the heart and writes for the land." -- Matthew Fletcher, Professor of Law, Michigan State University College of Law