Native American Law & Legal Sources : Federal Legislation
An introduction to legal materials available at the UW Law Library on Native Americans and other native peoples of the US, such as Native Alaskans and Hawaiians. Includes treaties, statutes, executive orders, court decisions, and administrative actions.
Full-text legal 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. Also includes some scholarly works.
In the late 1920s, U.S. Senate directed the Committee on Indian Affairs to make a general survey of conditions of American Indians in the United States. Lewis Meriam was the report's technical director, so the survey is commonly known as the "Meriam Report." The results of the survey were a major factor in changes in federal policies towards Native Americans that occurred in the 1930s.
The forty-one volume report is available at the Wisconsin Historical Society Library and is also available online.
In the 1970s a second comprehensive review of historical and legal developments in federal-tribal relationships was undertaken by the U.S. government. Responding to pressure from native groups, Congress established the American Indian Policy Review Commission to review present federal relationships with Native Americans and make policy revisions.
The Commission produced the two volume "American Indian Policy Review Commission Final Report Submitted to Congress May 17, 1977" which is available in print and online.
Indian Affairs: Laws and Treaties, compiled and edited by Charles J. Kappler, is an historically significant, seven volume compilation of U.S. treaties, laws and executive orders pertaining to Native American Indian tribes. The volumes cover U.S. Government treaties with Native Americans from 1778-1883 (Volume II) and U.S. laws and executive orders concerning Native Americans from 1871-1970 (Volumes I, III-VII).
Reflections on the role of the United States Department of Justice in enforcing the Indian Civil Rights Act / Lawrence R. Baca -- Martinez revisited / Catharine A. MacKinnon -- 40 years of the Indian Civil Rights Act : indigenous women's reflections / Gloria Valencia-Weber, Rina Swentzell, and Eva Petoskey -- Sex discrimination under tribal law / Ann E. Tweedy -- Redwashing history : tribal anachronisms in the Seminole Nation cases / Kevin Nobel Maillard -- Due process and the legitimacy of tribal courts / Frank Pmmersheim -- The meaning of due process in the Navajo Nation / Paul Spruhan -- Resisting congress : free speech and tribal law / Matthew L.M. Fletcher -- Individual religious freedoms in American Indian tribal constitutional law / Kristen A. Carpenter -- Tightening the perceived "loophole" : reexamining ICRA's limitation on tribal court punishment authority / Elizabeth A. Kronk -- Searching for an exit : the Indian Civil Rights Act and Public Law 280 / Carole Goldberg and Duane Champagne -- Evaluating tribal courts' interpretations of the Indian Civil Rights Act / Mark D. Rosen
Over 50 years of Public Law 280 -- A framework for understanding indian country criminal justice -- Policing : program management, cultural compatibility, fairness -- Courts : service delivery, cultural compatibility, and fairness -- Funding -- Tribal-State cooperative law enforcement agreements under Public Law 280 -- Retrocession from Public Law 280 -- The present and future of Public Law 280
Indexes and many full text publications of the United States Congress since 1789. Includes acts, committee reports, conference committee reports, hearings, regulations, selective legislative histories, the Congressional Record (bound & daily editions), the Serial Set, and more. For more complete legislative histories of enacted laws, see ProQuest Legislative Insight.
A complete collection of full text publications generated in the course of congressional lawmaking useful for compiling a federal legislative history. PDFs include the public law, all bill versions, floor debate from the Congressional Record, committee reports, conference committee reports, hearings, and prints. Also included are Presidential signing statements, CRS reports, and other miscellaneous congressional publications. Note that only enacted laws are included. For bills which were not enacted, see ProQuest Congressional.
Title 25 of the United States Code codifies many federal laws pertaining to Native Americans. Consult the general index of volumes of the United States Code Service and the United States Code Annotated to locate the relevant section of Title 25 and other statutes relating to Native Americans.
This site by the Center for Regulatory Effectiveness provides a selected list of laws with links to the U.S. Code at Cornell University's Legal Information Institute. Researchers may also find it helpful to consult the "Popular Names" volume of the U.S. Code, searching terms such as "Indian," "Native American," and the names of specific tribes and bands.
Contains information concerning Native American legislation currently pending before Congress along with links to information and resources concerning Indian Legislation passed prior to the current Congress.