Research Guides: American Indian Law Research Guide: Books, Articles, News Sources

Background & Reference Sources

American Indian Law in a Nutshell by William C. Canby Jr.
Call Number: Ebook access via West Academic Study Aids
ISBN: 9781640209138
Publication Date: 7th ed., 2020
Ebook access limited to U of M Law faculty, students and staff.
Print copy available on Reserve KF8205 .Z9 C36

Native Americans and the Law: Native Americans Under Current United States Law
This six page web document by Professor Lindsey G. Robertson, University of Oklahoma College of law provides a concise introduction and overview.

Federal Indian Law (Hornbook) by Matthew Fletcher
Call Number: Ebook access via West Academic Study Aids
ISBN: 0314290710
Publication Date: 2016
Also available online via West Academic Study Aids.
Principles of Federal Indian Law (Concise Hornbook Series) by Matthew Fletcher
Call Number: Ebook access via West Academic Study Aids
ISBN: 9781634606233
Publication Date: 2017
Print copy available on Reserve KF8205 .F54 2017.
American Jurisprudence : a modern comprehensive text statement of American law, State and Federal
Call Number: Reference KF154 .A42 Also available on Lexis Advance, Westlaw & WestlawNext Campus Research
Publication Date: 2nd ed. 1962. Updated Periodically
See topic, Indians; Native Americans (vol. 41).
Mastering American Indian Law by Angelique Townsend EagleWoman; Stacy L. Leeds
Call Number: Reserve KF8205 .E238 2013
ISBN: 9781594603297
Publication Date: 2013
A study aid text publication that provides an overview of the field, covering tribal law, federal Indian law and tribal-state relations.
Encyclopedia of United States Indian Policy and Law by Paul Finkelman (Editor); Tim Alan Garrison (Editor)
Call Number: Reference KF8205 .E49 2009
ISBN: 9781933116983
Publication Date: 2009
A two volume CQ Press reference publication that examines the history and impact of U.S. relations with Native Americans.
Encyclopedia of Native American Legal Tradition by Bruce E. Johansen; Charles R. Cloud (Foreword by)
Call Number: KF8204 .E53 1998
ISBN: 0313301670
Publication Date: 1998
Also available at Wilson Library. 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. Contains outlines of many major Indian law cases, congressional acts, and treaties. It also contains profiles of individuals important to the evolution of Indian law.

Westlaw
See the practice area, "Native Peoples Law" in the West Legal Directory for profiles of law firms, branch offices, and biographical records of attorneys that practice native peoples law. The database includes records of attorneys and organizations from all 50 states, Puerto Rico, the Virgin Islands, the District of Columbia, and Canada."

Gale Encyclopedia of Native American Tribes by Sharon Malinowski (Editor)
Call Number: Reference E77 .G15 1998
ISBN: 0787610852
Publication Date: 1998
A useful reference source for historical and cultural background information.

State Committees and Commissions on Indian Affairs (NCSL)
This compilation by the National Conference of State Legislatures (NCSL) includes both legislative and executive branch committees and commissions, contact names and numbers.
American Indian and Alaska Native Resources (U.S. Census Bureau)
This section of the U.S. Census Bureau's web site contains data and publications related to the American Indians and Alaska Natives. The Census Bureau collects data for the American Indian and Alaska Native (AIAN) population and publishes AIAN specific counts, estimates, and statistics at many geographic levels. The Tribal Resource (AIAN) website highlights the Census Bureau's relationship with tribal governments and provides important AIAN and tribal resources.
Native American Statistics Project
A research portal within the Harvard University, Native American Program, that provides statistical and demographic data about American Indians, Alaska Natives and, Native Hawaiians.

Selected Treatises/Texts

Cohen's Handbook of Federal Indian Law by Felix S. Cohen & Nell Jessup Newton
Call Number: Reserve KF8205 .C63x 2012 (Available online see below)
Publication Date: 2012 ed., 2012
Available online via Lexis Advance (U of M Law faculty, students & staff only). An updated and revised edition of the classic treatise, first published in 1941. Earlier editions available in the Law Library and online via HeinOnline's American Indian Law Collection.
American Indian Law Deskbook by Conference of Western Attorneys General Staff
Call Number: Reserve KF8201.A3 A44x
ISBN: 9780314847362
Publication Date: Annual
A concise, direct and easy to understand handbook on Indian law. Topics covered include: definitions of Indians and Indian tribes; Indian lands; criminal, civil regulatory and civil adjudicatory jurisdiction; civil rights; Indian water rights; fish and wildlife; environmental regulation; taxation; gaming; Indian Child Welfare Act and tribal-state cooperative agreements.
Indian Tribes as Sovereign Governments, 2nd ed. by American Indian Lawyer Training Program Staff; American Indian Resources Institute Staff; Charles F. Wilkinson (Foreword by); Christine L. Miklas (Editor); Richard Trudell (Preface by)
Call Number: KF8205 .I53x 2004
ISBN: 0939890070
Publication Date: 2004
Native Hawaiian Law: A Treatise by Melody Kapilialoha MacKenzie, Susan K. Serrano, D. Kapuaʻala Sproat, Ashley Kaiao Obrey, and Avis Kuuipoleialoha Poa
Call Number: KFH454 .N37 2015
ISBN: 9780873362405
Publication Date: 2015
Indian Law Stories by Carole E. Goldberg; Kevin K. Washburn
Call Number: Reserve KF8205.A2 I535x 2011
ISBN: 9781599417295
Publication Date: 2010-12-17
Provides narration and analysis of important cases, including behind-the-scenes accounts that reveal legal and policy implications of the decisions examined.
The Rights of Indians and Tribes by Stephen Pevar
Call Number: KF8210 .C5 P43 2012
ISBN: 9780199795352
Publication Date: 4th ed., 2012
Covers the most significant legal issues facing Indians and Indian tribes, including tribal sovereignty, the federal trust responsibility, the regulation of non-Indians on reservations, Indian treaties, the Indian Civil Rights Act, the Indian Gaming Regulatory Act, and the Indian Child Welfare Act. This popular text incorporaties a user-friendly question-and-answer format,
Introduction to Tribal Legal Studies by Justin B. Richland & Sarah Deer
Call Number: Reserve KF8205 .R53 2010
ISBN: 9780759112100
Publication Date: 2nd ed., 2010
Covers all aspects of tribal law and justice systems: history, structure, criminal and civil jurisdictions and more.
Indians, Indian Tribes, and State Government by Minnesota Legislature. House of Representatives. Research Department
Publication Date: 5th ed., 2014
The purpose of this report by the Research Department of the Minnesota House of Representatives, is to "introduce Minnesota legislators to the major legal issues involved in the relationship between Indian tribes, Indians, and state government. Issues covered include criminal and civil jurisdiction, gaming and liquor regulation, control of natural resources and environmental regulation, taxation, health and human services for Indians and education laws affecting Indian students. A print copy of this report is also available from the Magrath Library (call no. Gov. Pub. State Docs. MN 8330 MISC-I 53)

Restatement of the Law Third, Law of American Indians: council draft no. 1 (December 11, 2013), American Law Institute
Print: Reserve KF8205.Z95 R47x 2013

Restatement of the Law Third, Law of American Indians: discussion draft (2013), American Law Institute
Print: Reserve KF8205.Z95 R47 2013

The above drafts are from the American Law Institute's Restatement of the Law, The Law of American Indians project. The "project aims to cement the foundational principles of American Indian law. Topics are expected to include federal/tribal relations, state/tribal relations, tribal jurisdiction and authority, and Indian Country business law."

Native Land Law: General Principles of Law Related to Native Lands and Natural Resources, Indian Law Resource Center.
Print: Law Library Human Rights Library KF5660 .N38x 2012

Environmental Law in Indian Country by William H. Rodgers, Jr. and Elizabeth Burleson
Available on Westlaw Edge.

Minnesota CLE Publications

2016 Indian Law Conference by Minnesota State Bar Association
Call Number: Reserve KF209 .M54x 2016 no. 34
Publication Date: 2016
Contents:
Case law update; A closer look at the Dollar General case; The sustenance of our sovereignty: traditional food and agriculture; Autopsies vs. religious autonomy; State of the unions; Important dates regarding the Indian Child Welfare Act; Constitutional evolution in the wake of new federal regulations governing secretarial elections; Economic diversification in Indian country.
2015 Indian Law Conference by Minnesota State Bar Association
Call Number: KF209 .M54x 2015 no.37
Publication Date: 2015
Contents:
Case law update; M&A transactions for Indian tribes; Criminal law, public safety and due process in Minnesota's native communities; Tribes and water in Minnesota; The Indian Child Welfare Act: reconfigured 2015; Complex civil jurisdiction issues in tribal court: the factors and beyond; Exploited youth and the Safe Harbor Law; Spotting and dealing with ethical conflicts in Indian country
2014 Indian Law Conference by Minnesota State Bar Association
Call Number: Reserve KF209 .M54x 2014 no. 39
Publication Date: 2014
Contents:
Case law update: Michigan v. Bay Mills Indian - Community and the future of tribal sovereign immunity; Practicing in tribal court; Salazar v. Ramah Navajo Chapter: litigating contract support costs against the United States; U.S. v. Dennis Banks and Russell Means - the Wounded Knee siege leadership trial after 40 years; Real and personal property transfers in Indian country; Spotting and dealing with ethical conflicts in Indian country; Indian law gaming and related business basics;
Stopping state taxation on Indian reservations: the Bracker balancing test.
2012 Indian Law Conference by Minnesota State Bar Association
Call Number: KF209 .M54x 2012 no. 47
Publication Date: May 2012
Contents:
Case law update; Recent Minnesota ICWA cases and out of home placement numbers; In the matter of the welfare of the child of R.S. and L.S., parents -- Synopsis of recent ICWA decisions;Internet gaming: current state of the law & jurisdictional considerations; Internet gaming: current landscape and future implications; Tribal voices in mine permit decisions; Tribal loan checklist; Hot topics in Indian land; Piercing the tribal corporate veil : an unsettled area of the law; Becoming a judge: how do we increase diversity on the bench?
2011 Indian Law Conference by Minnesota State Bar Association
Call Number: KF209 .M54x 2011 no. 20
Publication Date: March 2011
Contents:
Bankruptcy and foreign judgment collection; Tribal and state tax issues; The council's counsel: the ethics of representing tribal councils; Ethical issues faced by in-house counsel; Lake of the Torches: lessons learned for tribes and lenders; Minnesota child welfare disparities report -- Compliance with ICWA? Reducing the disparities for out-of-home placement of Indian children; The Bois Forte Tribal Council.
2009 Federal Indian Law Conference by Minnesota Continuing Legal Education
Call Number: KF209 .M54x 2009 no. 13
Publication Date: 2009
Contents:
Tribal civil jurisdiction; The Indian Child Welfare Act at 30: a mixed record of success; Negotiating energy rights-of-way in Indian country: law, strategies and valuation; Update from the tribal court/state court forum; The Indian Gaming Regulatory Act at 20; Supreme Court watch; Labor unions in Indian country; The 111th Congress: what lies ahead for tribes in the new administration and the new congress; Taxing tribal corporations or LLCs.

Catalog & Google Books Searches

Search Library Catalogs

Search MNCAT to find books held at libraries on the University of Minnesota Twin Cities campus.
Search WorldCat to find books held at libraries worldwide.

Some suggested subject heading searches:

Indians of North America -- Legal status, laws, etc.
Indians of North America -- Legal status, laws, etc. -- Minnesota
Indians of North America -- Treaties
Indians of North America - Government relations
Tribe/Nation Name - Legal status, laws, etc. (example: Ojibwa Indians - Legal status, laws, etc.)
Tribe/Nation Name - Politics and government
Tribe/Nation Name - Treaties
Tribe/Nation Name - Government relations

Search Google Books (Advance Search) to search the full text of thousands old and newer books.

Google Books provides full text of many older books and previews of many recent books. Click on "Find in Library" or search MNCAT to locate copies of books found in Google Books.

Bibliographies & Other Research Guides

Consult the Research Guides & Bibliographies section of this guide for additional sources for locating books.

Finding Periodical Articles

Native American Indian Law Periodicals

American Indian Law Collection (HeinOnline)
Click on the "Scholarly Articles" link under Browse Options to access a substantial collection of scholarly law review articles available on HeinOnline. Search or sort by author or article title. Sort by most-cited also available. Print or downlaod PDFs.

Indian Law Bulletins
A current awareness service of the National Indian Law Library. Eight bulletins (U.S. Supreme Court; Federal Courts of Appeal; Federal Trial Courts; State Courts; U.S. Regulatiory; U.S. Legislative; News; Law Reviews/Bar Journals) are published. Users can sign up to receive bulletins via email. A search engine (custom Google search) is provided for searching bulletins, and an archive of past bulletins is also available.
Tribal Court Clearinghouse: Indian Law Reviews
This web page has links to over 70 selected law review articles, Indian law journals and other publications.
American Indian Law Journal
Published by the Seattle University School of Law. All issues back to the Winter 2012 issue are available as PDF files on the Journal's website.
American Indian Law Review
This University of Oklahoma College of Law publication is available in print (Law Library Periodicals Per .A596) and online from HeinOnline, JSTOR, Lexis Advance, Westlaw and WestlawNext Campus Research.
Tribal Law Journal
All issues of this University of New Mexico School of Law publication are available on the Journal's website. Articles in this journal are also available on HeinOnline and Lexis Advance
NARF Legal Review
The Native American Rights Fund's, NARF Legal Review is published biannually and provides updates on NARF’s cases and information on other timely Indian law topics. The online archive begins with vol. 1, no. 1 (1972).

General Legal Periodical Indexes

Index to Legal Periodicals & Books
Coverage includes 800+ legal periodicals, law reviews, bar association journals, university publications, yearbooks, institutes, government publications and books, (dates of coverage vary but begin no earlier than 1980 for periodicals and 1993 for books).
Index to Legal Periodicals Retrospective: 1908 - 1981
A bibliographic database consisting of citations from the print editions of Index to Legal Periodicals published between 1908-1981. Coverage includes over 750 legal periodicals (law reviews, bar association journals, university publications, yearbooks, institutes and government publications) published in the U.S., Canada, Great Britain, Ireland, Australia and New Zealand.

Full Text Periodical Databases

Law Journal Library (HeinOnline)
This collection contains more than 2,000 law and law-related periodicals. Coverage is from the first issue published for all periodicals and goes through the most-currently published issues allowed based on contracts with publishers. Search by article title, author, subject, state or country published, full text, and narrow by date.
Lexis
Legal research database available to UMN Law School students and faculty only. A searchable directory of online sources available in Lexis Advance is here: http://w3.nexis.com/sources/
Westlaw
A comprehensive legal research system containing primary and secondary law sources and more. Available to U of M Law School students and law faculty only.

Current Awareness (News, Blogs)

Indian Law Bulletins
A current awareness service of the National Indian Law Library. Eight bulletins (U.S. Supreme Court; Federal Courts of Appeal; Federal Trial Courts; State Courts; U.S. Regulatiory; U.S. Legislative; News; Law Reviews/Bar Journals) are published. Users can sign up to receive bulletins via email. A search engine (custom Google search) is provided for searching bulletins, and an archive of past bulletins is also available.
The Circle
Native American news published monthly.
American Indian Report
The Falmouth Institute's online magazine covering news and information on issues affecting Indian country.
Indian Country Today
Weekly newsletter "dedicated to all things Native!"
Indianz.com
News, information and entertainment from a Native American perspective.
Native American Times
Includes a PDF archive of past issues
National Indian Law Library Blog
A blog covering current events in federal and tribal American Indian law.
Turtle Talk
NARF Blog
Native American Rights Fund blog. Archive of posts begins in Jan. 2007.
News From Indian Country