American Indian Constitutional Reform and the Rebuilding of Native Nations (Eric D. Lemont ed., 2006).
Testimony from tribal leaders and scholars informs this collection of contributions about constitutional reform of tribal legal systems.
Location: KF8221 .A44 2006
Jeff Benedict, Without Reservation: The Making of America's Most Powerful Indian Tribe and the World's Largest Casino (2000).
A journalistic account by lawyer Benedict, who reports in detail the growth during the closing three decades of the twentieth century of the Mashantucket Pequot reservation in Connecticut and the wealth created by the tribe's enormous Foxwoods casino.
Location: KFC4105.6.G35 B46 2000
Brian Edward Brown, Religion, Law, and the Land: Native Americans and the Judicial Interpretation of Sacred Land (1999).
An account of how the conflicting perceptions of US courts and American Indian tribes toward the religious nature of land resulted in a free exercise jurisprudence that undermined tribes' religious practices.
Location: KF8210.R37 B76 1999
Felix S. Cohen, On the Drafting of Tribal Constitutions, (David E. Wilkins ed. 2006).
Location: KF8221.C64 2006
Vine Deloria, Jr. & Clifford M. Lytle, The Nations Within: The Past and Future of American Indian Sovereignty (1984).
A reviewer comments:
There are two books here. One, sober and scholarly, deals with the Indian past; the other, imaginative and speculative, deals with the Indian future. The first "book" is a detailed consideration of the Indian Reorganization Act of 1934; the second deals with the recent and as yet not fully defined Indian struggle for a new identity.
Wilcomb E. Washburn, Book Review, Nat. Hist., Jan. 1985, at 76 (UCB only).
Location: KF8205 .D41
Vine Deloria, Jr. & David E. Wilkins, Tribes, Treaties, and Constitutional Tribulations (1999).
According to one reviewer, this work
examines the historical development of laws defining the legal status of Indian tribes. Starting with the "Doctrine of Discovery," the authors carefully analyze every major organic legal document, legislative enactment, court decision, executive order and governmental policy affecting the rights of Native Americans. They focus particularly on the origin, wording and interpretation of key provisions of the United States Constitution and its amendments. Never has there been such an in-depth analysis of the application of the Constitution, or lack thereof, to the rights of the first Americans.
Larry EchoHawk, Justice for Native Americans Requires Returning to Our Constitutional Origins, 4 Green Bag 2d 101, 102 (2000) (book review).
Location: KF8210.C5 D45 1999
N. Bruce Duthu, American Indians and the Law (2008).
Location: KF8210.R32 D88 2008
Encyclopedia of American Indian Issues Today, ed. Russell M. Lawson (2013).
A two-volume set providing "a complete overview of issues facing American Indians in North America today." Sections 6 and 7 pertain respectively to "Sovereignty and Dependence: Rights, Reservations, and Recognition" and "Law, Politics, and Conflct."
Kathleen S. Fine-Dare, Grave Injustice: The American Indian Repatriation Movement and NAGPRA (2002).
Although Fine-Dare's ostensible subject is the 1990 Native American Graves Repatriation and Protection Act (of which the text appears in an appendix), her scope more broadly encompasses the history of Native American repatriation efforts, indigenous rights, imperialism, and cultural justice. Her analytical approaches are thus variously legal, anthropological, and cultural. Black and white photos, bibliographic references, index.
Location: KF8210.A57 F56 2002
Klaus Frantz, Indian Reservations in the United States: Territory, Sovereignty, and Socioeconomic Change (1999).
Frantz, a geographer, examines reservation economy and culture, based on extensive studies he conducted primarily at three reservations in Arizona. He prepares his demographic and geograhpic work with historical discussions of federal Indian policy and the development of reservations. The study of reservation economy includes treatments of natural resource and water law. Black and white photos, bibliography, index.
Location: KF5660 .F7313 1999
The Future of the Past: Archaeologists, Native Americans, and Repatriation (Tamara L. Bray ed. 2001).
Although the predominant approach in this collection of essays regarding NAGPRA and the systematic return of cultural objects (including human remains) to Indian tribes is anthropological, one chapter provides a legislative history of the act, and legal issues are addressed throughout. Black and white photos, index.
Location: KF8210.A57 F88 2001
Emily Greenwald, Reconfiguring the Reservation: The Nez Perces, Jicarilla Apaches, and the Dawes Act (2002).
This history of the 1887 General Allotment Act and the consequences of its implementation rejects the "dispossession narratives" that have traditionally depicted American Indians as merely passive subjects of federal governmental policies. Instead, Greenwald includes in her analysis evidence of Indian experience and resistance that affected the course of the law's operation.
Location: KF5660 .G74 2002
Bruce E. Johansen, The Praeger Handbook on Contemporary Issues in Native America, (2007).
Location: KF8205.J584 2007
Robert H. Keller & Michael F. Turek, American Indians & National Parks (1998).
Noting the dearth of attention to national parks in standard works on federal Indian policy, the authors set out to describe the variety of relationships between Indian tribes and national parks. "The authors examine the conflicting attitudes within native groups on issues ranging from mining, logging, dam building, and dam removal to boundary adjustments and social services associated with approximately one dozen protected areas in the United States." (Heidi Glasel, Book Review, 25 Am. Indian Q. 313, 314 (2001)) Keller taught federal Indian policy and law, and Turek has worked in national parks and with the Yakima Indian Nation. Black and white photos, index.
Location: KF8205 .A78 1998
Paul G. McHugh, Aboriginal Societies and the Common Law: A History of Sovereignty, Status, and Self-Determination (2004).
McHugh's dense, sweeping history of the interactions of English common law with tribal peoples of North America and Australasia traces how the law tracks ideology, even as empire gives way to new models of recognition and self-determination.
Location: K3247 .M34 2004
The Making of Modern Law: Legal Treatises 1800 – 1926, Thomson Gale (UCB only).
A fully searchable collection of 19th and 20th century legal treatises, casebooks, local practice manuals, form books, pamphlets, letters, speeches, and other historical legal works, covering a wide range of topics of US and British law. Includes approximately 10 million pages of over 21,000 works. The results of a search for "indian tribes" include the full, scanned texts of numerous titles.
Native Voices: American Indian Identity and Resistance (Richard A. Grounds, George E. Tinker & David E. Wilkins eds. 2003).
This multi-disciplinary collection is inspired by, and thus a tribute to, Vine Deloria, Jr., whose work is also represented in this guide. The pervasive theme of resistance necessarily invokes legal issues as well, but the collection's second part, "Resistance, Politics, Colonization, and the Law," is most closely related to law. The four pieces comprising it deal with colonialism and federal Indian law, the reserved rights doctrine, indigenous peoples and international relations, and trust responsibility in an international legal context.
Location: KF8205 .N39 2003
Frank Pommersheim, Braid of Feathers: American Indian Law and Contemporary Tribal Life (1995).
By emphasizing tribal legal systems and their views of the relationships between the federal and tribal governments, Pommersheim seeks to right the balance of American Indian legal writing, which reflects "federal hegemony in Indian law and Indian affairs." (Introduction, 1.) "The view of this book, then, is more of an inside-out view from the grassroots, reservation levle rather than the traditional top-down view that permeates most Indian law writing." (Id. at 2.)
Location: KF8205 .P6 1995
Robert Odawi Porter, Sovereignty, Colonialism, and the Indigenous Nations: A Reader (2005).
Location: KF8204.5 S68 2005
Kathryn R.L. Rand & Steven Andrew Light, Indian Gaming Law and Policy (2006).
Location: KF8210.G35 R36 2006
Justin B. Richland & Sarah Deer, Introduction to Tribal Legal Studies (3d ed. 2016).
A study of the law developed by and for Indian Nations, including history, the structure of tribal governments, detailed analysis of the law relating to child welfare and civil rights, and discussions of the place of custom and ethics in tribal legal systems.
Location: KIE110 .R53 2016
William H. Rodgers, Jr., Environmental Law in Indian Country (2005).
Location: KF8210.N37 R63 2005
Gail K. Sheffield, The Arbitrary Indian: The Indian Arts and Crafts Act of 1990 (1997).
An analysis of legislation intended to protect Indian tribes from the importation of imitation American Indian arts and crafts. Sheffield's thesis is that the process of defining "Indian" and "Indian tribe" for purposes of the Act is political conduct "one step removed from considerations of 'ethnicity.'" (Introduction, 5.) She determines that the Act, however well-intentioned, is "socially flawed." (Id. at 10.) Appendices of relevant statutes and regulations, index.
Location: KF8210.A57 S53 1997
John Harlan Vinzant, The Supreme Court's Role in American Indian Policy (2009).
Location: KF8205.V56 2009
David E. Wilkins, American Indian Politics and the American Political System (3d. ed. 2011).
Location: KF8205 .W56 2007
David E. Wilkins, American Indian Sovereignty and the U.S. Supreme Court: The Masking of Justice (1997).
Location: KF8205 .W527 1997
David E. Wilkins K. & Tsianina Lomawaima, Uneven Ground: American Indian Sovereignty and Federal Law (2001).
Writing for the non-lawyer, Wilkins and Lomawaima aim to analyze several of the federal legal doctrines that bear on tribal sovereignty. Accordingly, they devote chapters to discovery, trust, plenary power, reserved rights, implied repeals of sovereignty, legal disclaimers of rights by states, and sovereign immunity. Bibliographic references, index.
Location: KF8205 .W533 2001
Charles F. Wilkinson, American Indians, Time, and the Law: Native Societies in a Modern Constitutional Democracy (1987).
Wilkinson historicizes Indian law by viewing its evolution in terms of four time periods: pre-Columbian aboriginal culture, the rise of reservations, assimilation, and the struggle for autonomy and sovereignty. In Wilkinson's view, time contributes to the complexities of American Indian law.
Location: KF8205 .W55
Robert A. Williams, Jr., Linking Arms Together: American Indian Treaty Visions of Law and Peace, 1600-1800 (1997).
A study of the diplomatic language of American Indian treaty literature of the seventeenth and eighteenth century era of Encounter, aimed at discerning how Indians responded to Western colonialism and formulated "visions of law and peace."
Location: KF8205 .W541 1997
... by
