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About Tribal Law
Tribal law is notably is distinct from federal Indian law. Whereas federal Indian law concerns the relationship between federal, state, and tribal governments, tribal law is the law tribes develop and apply to their members and territories.
For more on tribal law sources, see:
Engaging the Third Sovereign: The Nature, Reach, and Sources of Tribal Law Wisconsin Lawyer (May 2015).
"Whatever Tribal Precedent There May Be": The (Un)Availability of Tribal Law, 106 Law Library Journal 199 (2014).
The UW Law Library, in partnership with the Stockbridge-Munsee Community Band of Mohican Indians, the UW Law School Great Lakes Indigenous Law Center, the National Indian Law Library, and the Open Law Library, has received a grant from the Institute of Museum and Library Services to develop The Digital Publication of Tribal Laws Pilot Project. In this project, librarians and developers will partner with Native Nations to publish their laws open access and incorporate them into digital library collections.
Constitutions, Charters, & Codes
Tribal constitutions and codes are the heart of self-government for over 500 federally recognized tribes, and are the lifeblood of Indian sovereignty. Each tribal government operates according to its own constitutional rules. Most tribes have written constitutions. Many of the constitutions are modeled on form constitutions provided by the United States Department of the Interior pursuant to the Indian Reorganization Act of 1934.
- Charters, Constitutions, and By-Laws of the Indian Tribes of North America. byPublication Date: 1967-1981
- Great Lakes Tribal Law Collection byPresented here is a compilation of Tribal law documents sourced from select Indigenous Nations within Wisconsin and the broader Great Lakes region and shared with their permission. This repository encompasses a range of materials, including constitutions, bylaws, codes, resolutions, charters, and other legal documents. The collection continually grows as Tribes revise and update their documents. Each time a document is created or revised, a new version is archived and added to the collection.
This collection is ideal for accessing archived legal records. See also Tribal Law Gateway below. - HeinOnline Indigenous Peoples of the Americas: History, Culture & LawLegal materials by and about Native Americans. Includes federal law relating to tribes, such as relevant sections of the US Code and CFR, some legislative history, and administrative decisions. Selected law from the tribes is also available including constitutions, codes, by-laws from the 1800s-1980s. Also includes some scholarly works.
- Indian Tribal Codes: A Microfiche Collection of Indian Tribal Law Codes byPublication Date: 1981 and 1988 (Also available electronically in HeinOnline American Indian Law Collection)
- Indigenous Law Portal byThe Indigenous Law Portal brings together a vast collection of links to tribal websites and primary source materials found on the Web on a global scale.
- Indigenous Law Resources byIndigenous Law Resources from the Library of Congress brings together Library of Congress Collections, National Indigenous Legal Organizations and Federal Agencies, and Research Guides and Starting Points in one place.
- Lac Courte Oreilles Law LibraryConstitution and ByLaws, Tribal Code, Tribal Governing Board Resolutions, and Treaties of the of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin
- Lac du Flambeau Band of Lake Superior Chippewa Indians. Tribal Code. [Lac du Flambeau, Wis.] byPublication Date: 1990?-
- LLMC Native American CollectionContains selected tribal legal documents, including constitutions, charters, codes, treaties with state and federal governments, US legislation related to tribes, and treaties from the 1880s to the 1970s.
- Municode Library: Tribes and Tribal Nations bySelect tribal codes, current
- Native American Constitution and Law Digitization Project bySelect tribal constitutions and codes from many of the over 500 federally recognized tribes, 1930s-60s and more recent. Includes links to Handbook of Federal Indian Law by Felix S. Cohen.
- Navajo Nation Code - 5th EditionPublication Date: 1995 (Older editions also available)6 v. (looseleaf)
Note that more current edition available at http://www.navajonationcouncil.org/Code Page.html - Nexis Uni Native American LawSelect tribal opinions, constitutions and codes.
In Lexis Uni , select All Sources from top menu, then jurisdiction > tribal
Available to UW Law School students, faculty and staff only - Pueblo de San Ildefonso Law LibraryPueblo de San Ildefonso Code, Council Resolutions, and San Ildefonso Services, LLC. Fully searchable from 2017-present.
- Stockbridge-Munsee Tribal Law LibraryConstitution and By-Laws, Tribal Code, Tribal Council Ordinance Resolutions, and Federal Corporate Charter of the Stockbridge-Munsee Community. Fully searchable from 2021-present.
- Tribal Law Gateway bySelect tribal constitutions and codes, historical and more recent. Search across tribes. Also links to tribal judicial opinions on other websites
- Tribal Law Sources Held by the Law Library of CongressA selective list of some primary and secondary tribal legal sources held by the Law Library of Congress. Grouped by band and nation.
- Westlaw Native American LawSelect codes and tribal opinions (including those from West's American Tribal Law Reporter) from 1990s-present
May not be included in UW Law School Academic license
Judicial Decisions
Tribal courts are courts of general jurisdiction, operating within federal Indian law and under jurisdiction conferred by tribal law.
- Sources of Tribal Court DecisionsMary Whisner at the University of Washington Law library has compiled this extensive list of tribal court opinions organized by tribe.
- Indian Law Reporter byPublication Date: 1974-PresentTribal court and federal court opinions at both the trial and appellate court levels back to 1974. Updated monthly, it reports all tribal court decisions that it receives. Each case is summarized and, depending on its content, is reproduced in full, abridged or excerpted.
- Indian Law Reporter: Tribal Court Cases Index byPublication Date: Through Vol 40 (2013)The Indian Law Reporter (ILR) is a publication of the American Indian Lawyer Training Program. While each volume has its own subject index, the publisher does not provide a cumulative index to all of the volumes. Because it is cumbersome to search each year's index separately, the National Indian Law Library (NILL) created this cumulative index of only the tribal court opinions for all volumes of the ILR.
- Indigenous Law Resources byIndigenous Law Resources from the Library of Congress brings together Library of Congress Collections, National Indigenous Legal Organizations and Federal Agencies, and Research Guides and Starting Points in one place.
- Nexis Uni Native American LawSelect tribal opinions, constitutions and codes.
In Lexis Uni , select All Sources from top menu, then jurisdiction > tribal
Available to UW Law School students, faculty and staff only - Tribal Court Appellate Opinions byOpinions from 30 tribes in the Pacific Northwest, Alaska, and Northern California
- Tribal Court Clearinghouse bySelect opinions, memoranda and orders from over 20 tribal courts from 1990s-present. Search across multiple tribes. Opinions provided through a cooperative agreement with Versuslaw.
- Tribal Court Reporter bySelected decisions dating from 1978 through 1980, published with full analysis in this two volume reporter. Contains summaries of other selected cases; articles addressing tribal court administration; critical analysis of substantive issues facing tribal courts and government; announcement of events, news and publication; and an index.
- Tribal Law Sources Held by the Law Library of CongressA selective list of some primary and secondary tribal legal sources held by the Law Library of Congress. Grouped by band and nation.
- West's American Tribal Law ReporterSelect tribal court opinions, as well as federal court and state court opinions relating to Native Americans from 1997-present.
The Law Library does not subscribe to this title. - Westlaw Native American LawSelect codes and tribal opinions (including those from West's American Tribal Law Reporter) from 1990s-present
May not be included in UW Law School Academic license
Finding Aids and Secondary Sources
American Indian Law Deskbook 4th ed. by
Publication Date: 2014Contents: Federal Indian law policy : origins and legal development -- Indian, Indian tribe, and Indian country -- Indian land and property : title and use -- Criminal law -- General civil regulatory jurisdiction -- Civil adjudicatory jurisdiction -- Tribal sovereign immunity and the Indian Civil Rights Act -- Indian reserved water rights -- Fish and wildlife regulation -- Environmental regulation -- Taxation in Indian country -- Indian lands gaming -- Indian Child Welfare Act -- State-tribal cooperative agreementsAmerican Indian Tribal Governments by
Publication Date: 1989Written for the National Congress of American Indians (NCAI), this book discusses the central structure of traditional tribal government, the background of tribal and traditional relationships, and the general powers of tribal government, including recent developments and current rights.American Indian tribal law
Publication Date: 2011Contents:
Tribal government -- Tribal justice systems -- Tribal constitutions -- Tribal membership -- Tribal elections -- Civil rights -- Criminal law and procedure -- Domestic relations -- Property -- Contracts -- Torts -- Procedure and jurisdiction -- Tribal regulatory and administrative law -- Tribal economies.- Bibliography of the Constitutions and Laws of the American Indians byPublication Date: 1976Contents:
Cherokee Nation. -- Chickasaw Nation. -- Choctaw Nation. -- Creek or Muskogee) Nation. -- Indian Territory. -- Nez Percé Tribe. -- Omaha Tribe. -- Osage Nation. -- Ottawa Tribe. -- Sac and Fox Nation. -- Seminole Nation. -- Seneca Nation. -- State of Sequoyah. -- Stockbridge and Munsee Tribe. -- Winnebago Tribe Government to Government: Understanding State and Tribal Governments by
Publication Date: 2000- Indigenous Peoples: North America byEnabling exploration of the political, social, and cultural history of native peoples from the sixteenth century well into the twentieth century, Indigenous Peoples: North America illustrates the fabric of the North American story with unprecedented depth and breadth. Comprehensive yet personal, the collection covers the history of American Indian tribes and supporting organizations, meeting a need for historical researchers. This database facilitates inquiry into the culture and heritage of indigenous people through access to sources from both American and Canadian institutions, as well as direct-from-source from newspapers from various tribes and Indian-related organizations. The collection also features indigenous-language materials, including dictionaries, bibles, and primers.
Introduction to tribal legal studies by
Publication Date: 2010Contents:
What is law? : legal norms, structures, and practices -- Studying tribal law and contemporary tribal legal documents -- Tribal law in customs and traditions -- Forms and trends of traditional tribal governments -- The history of federal Indian policy and the changes to tribal governments -- Introduction and history of tribal courts -- Tribal justice systems today : general overview and comparison -- Examples of tribal court systems -- An introduction to balancing tribal legal heritage and Anglo-American law -- Introduction to tribal court authority : differences between criminal and civil law -- Criminal and civil violations in tribal legal traditions -- Tribal criminal jurisdiction -- Tribal civil jurisdiction -- Tribal kinship and the law -- Boarding schools and the removal of tribal children -- The Indian Child Welfare Act of 1978 -- Tribal court custody proceedings -- Introducing Indian civil rights -- The Indian Civil Rights Act of 1968 -- Affirming tribal authority : Santa Clara Pueblo v. Martinez -- Contemporary civil rights issues -- Sources of law -- Common law in contemporary legal systems -- Traditional dispute resolution -- Introduction to peacemaking -- Models of peacemaking -- Separation of powers -- Ethics for tribal judges -- Ethics for tribal court personnel -- Ethics for tribal court advocates- Law Enforcement in Indian Country : Tribal Institutions byPublication Date: 2013This Information Memorandum, prepared by the Wisconsin Legislative Council, describes the institutions of the American Indian tribes and bands in Wisconsin that relate to law enforcement.
Mastering American Indian Law - 2nd edition by Publication Date: 2019Contents:
Introduction to American Indian law -- American Indian property law -- Criminal jurisdiction in Indian country -- Tribal government, civil jurisdiction and regulation -- Tribal business, industries, and best commercial practices -- Family law in tribal communities -- Natural resources in Indian country -- Tribal-state relations -- Sacred sites and cultural property protection -- International indigenous issues and tribal nations
Navigating Tribal Law: Leading Lawyers on Understanding the Unique Procedures, Intricacies, and Challenges Involved With Tribal CasesPublication Date: 2012Contents:
Reflections on tribal sovereignty and sovereign immunity / Frank R. Lawrence -- Litigating disputes in Indian Country / Jay P. Walters -- Understanding and respecting the process of trying cases in tribal courts: what attorneys need to know / Rob Roy Smith -- Advising lenders of the intricacies and potential hazards involved in participating in commercial transactions with Indian tribes / Richard J. Schroeder -- The importance of respecting tribal courts as serious venues and understanding their unique procedures / Rory Dilweg -- Locating the appropriate resources to successfully navigate the unique procedural issues in tribal law / John F. Lomax Jr.- Tribal Law Sources Held by the Law Library of CongressA selective list of some primary and secondary tribal legal sources held by the Law Library of Congress. Grouped by band and nation.
United States Tribal Courts Directory - 4th edition by Publication Date: 2011Directory of information about and contact information for tribal courts in the United States.
