Native American Law: Resources in the Law Library

This 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.

Historic Preservation Law in a Nutshell provides the first-ever in-depth summary of historic preservation law within its local, state, tribal, federal, and international contexts. Historic Preservation is a burgeoning area of law that includes aspects of property, land use, environmental, constitutional, cultural resources, international, and Native American law. This book covers the primary federal statutes, and many facets of state statutes, dealing with the protection and preservation of historic resources. It also includes key topics like the designation process, federal agency obligations, local regulation, takings and other constitutional concerns, and real estate development issues. Click here to read a book review from the National Trust for Historic Preservation.

This is one-of-a-kind guide to the Indian Child Welfare Act of 1978, enacted to ameliorate the problem of the removal of Native American children from their homes by state welfare agencies and private agencies and to ensure that those children would be placed in homes that reflect their cultures and traditions. Now revised and updated, it examines case law from courts around the country-this is not an issue confined to reservations and their border towns. It explains the history of the act and how is applied, as well as its procedural requirements. Includes appendices on CD-ROM.

'This collection presents significant summaries of past criminal behavior, and significant new cultural and political contextualizations that provide greater understanding of the complex effects of crime, sovereignty, culture, and colonization on crime and criminalization on Indian reservations.' Duane Champagne, UCLA (From the Foreword) Native Americans and the Criminal Justice System offers a comprehensive approach to explaining the causes, effects, and solutions for the presence and plight of Native Americans in the criminal justice system. Articles from scholars and experts in Native American issues examine the ways in which society's response to Native Americans is often socially constructed. The contributors work to dispel the myths surrounding the crimes committed by Native Americans and assertions about the role of criminal justice agencies that interact with Native Americans. In doing so, the contributors emphasize the historical, social, and cultural roots of Anglo European conflicts with Native peoples and how they are manifested in the criminal justice system. Selected chapters also consider the global and cross-national ramifications of Native Americans and crime. This book systematically analyzes the broad nature of the subject area, including unique and emerging problems, theoretical issues, and policy implications.

Landmark Indian Law Cases presents fifty-three groundbreaking decisions made by the United States Supreme Court in the area of federal Indian law. Since the last revision (entitled Top Fifty and first published in 1988), the Court has made new pronouncements on tribal hunting and fishing rights, Alaska Native sovereignty, and tribal sovereign immunity from suit and tribal court jurisdiction. These have helped define the powers of the more than 550 American Indian and Alaskan Native tribes that represent the third sovereignty in the United States (along with the federal government and the states) and provide a glimpse into future decisions of the Court. The cases examined represent not only the decisions that resolve important questions and set forth broad principles of federal Indian Law, but also ones which have practical implications for real-life situations currently affecting American Indian and Alaska native tribes. The book's subject index of cases provides a quick reference aid, and allcases are listed under one or more relevant subject headings. The federal Indian law jurisprudence of the Court spans two centuries of U.S. history, and the decisions have reshaped the federal-tribal relationship and the role of states and tribes in the nation's federalism. This work is tremendously useful to lawyers, scholars, judges, and other practitioners, and it is certain to become a fixture in law libraries throughout the United States.

In this volume, Gordon Morris Bakken traces the distinctive development of western legal history. The contributors’ essays provide succinct descriptions of major cases, legislation, and individual western states’ constitutional provisions that are unique in the American legal system. To assist the reader, the volume is organized by subject, including natural resources, municipal authority, business regulation, American Indian sovereignty and water rights, women, and Mormons. Contributors are: Roy H. Andes, Dana Blakemore, Richard Griswold del Castillo, Susan Badger Doyle, James W. Ely, Jr., Brenda Gail Farrington, Dale D. Goble, Neil Greenwood, Vanessa Gunther, Louise A Halper, Claudia Hess, Kenneth Hough, Paul Kens, Shenandoah Grant Lynd, Thomas C. Mackey, Nicholas George Malavis, Timothy Miller, Danelle Moon, Andrew P. Morriss, Keith Pacholl, Laurie Caroline Pintar, Michael A. Powell, Ion Puschilla, Emily Rader, Peter L. Reich, John Phillip Reid, Lucy E. Salyer, Susan Sanchez, Janet Schmelzer, Howard Shorr, Paul Reed Spitzzeri, John Joseph Stanley, Donald L. Stelluto, Jr., Timothy A. Strand, Imre Sutton, Nancy J. Taniguchi, and Lonnie Wilson.

"How much compensation ought to be paid to a woman who was raped 7,500 times? What would the members of the Commission want for their daughters if their daughters had been raped even once?" --Karen Parker, speaking before the U.N. Commission on Human Rights Seemingly every week, a new question arises relative to the current worldwide ferment over human injustices. Why does the U.S. offer $20,000 atonement money to Japanese Americans relocated to concentration camps during World War II, while not even apologizing to African Americans for 250 years of human bondage and another century of institutionalized discrimination? How can the U.S. and Canada best grapple with the genocidal campaigns against Native Americans on which their countries were founded? How should Japan make amends to Korean "comfort women" sexually enslaved during World War II? Why does South Africa deem it necessary to grant amnesty to whites who tortured and murdered blacks under apartheid? Is Germany's highly praised redress program, which has paid billions of dollars to Jews worldwide, a success, and, as such, an example for others?More generally, is compensation for a historical wrong dangerous "blood money" that allows a nation to wash its hands forever of its responsibility to those it has injured? A rich collection of essays from leading scholars, pundits, activists, and political leaders the world over, many written expressly for this volume, When Sorry Isn't Enough also includes the voices of the victims of some of the world's worst atrocities, thereby providing a panoramic perspective on an international controversy often marked more by heat than reason.

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 work will be of interest to scholars in several fields, including law, Native American studies, American history, political science, anthropology, and sociology.

This guide is a comprehensive source to assist lawyers, social workers, counselors, and others whose professions and interests involve them with Native American Children.