Indian Law - Research Guide
by Suzanne Morrison, Branch Librarian, Fargo
Introduction | Statutes | Tribal Codes and Constitutions | Treaties
Cases | Regulations | Agencies | Treatises | Law Reviews
Blogs & News | Related Resources
Indian Law regulates the legal relationship between the various tribes and nations and the federal government. The term “Indians” refers to native North Americans, and the term “tribe” or “nation” is a body of Indians of the same or similar race united in a community under one government. Courts and legislatures determine whether a group is a tribe by examining the governmental and political control that the tribe has over the group.
Federal law recognizes the sovereign authority of the tribes with inherent powers of self-government. Treaties were the first attempts to establish a relationship between tribes and the United States. The internal law that each tribe applies to its own affairs is separately referred to as “tribal law.” This law may range from oral tradition to entire codes.
25 U.S.C. §1 - 4307 - Indians
Direct links: House of Reps, LII, GPO, Findlaw,Westlaw: FNAM-USCA, Lexis: GENFED;USCS.
28 U.S.C. § 1362 - Federal Court Jurisdiction Over Civil Actions Brought by Tribes
Direct links: House of Reps, LII, GPO, Findlaw, Westlaw: FNAM-USCA, Lexis: GENFED;USCS.
18 U.S. C. Chapter 53 - Crimes and Tribal Court Jurisdiction
Direct links: House of Reps, LII, GPO, Findlaw, Westlaw: FNAM_USCA, Lexis: GENFED;USCS.
42 U.S.C. Chapter 22 - Indian Hospitals and Health Facilities
Direct links: House of Reps, LII, GPO, Findlaw, Westlaw: FNAM-USCA, Lexis: GENFED;USCS.
20 U.S.C. Chapter 56 - Culture and Art Development
Direct links: House of Reps, LII, GPO, Findlaw, Westlaw: FNAM-USCA, Lexis: GENFED;USCS.
United States Code; KF61 .A2;
Located in all 8th Circuit libraries.
Available online at House of Reps, LII, Findlaw, GPO, Westlaw: USC .
United States Code Annotated (USCA); KF 62.5 .W45;
Located in all 8th Circuit libraries.
Available on Westlaw at FNAM-USCA.
United States Code Service (USCS); KF62 .L38; Located in Des Moines, Fargo, Kansas City, Little Rock, Minneapolis, Omaha, and St. Paul. Available on Lexis at GENFED;USCS .
State Law:
Indian Law is primarily a federal issue, but the links below are to the code for each state. Check with your local librarian for print versions of your state code.
Arkansas: Westlaw: AR-ST-ANN, Lexis ARK;CODE
Iowa: Westlaw: IA-ST-ANN, Lexis IOWA;CODE
Minnesota: Westlaw: MN-ST-ANN, Lexis MINN;CODE
Missouri: Westlaw: MO-ST-ANN, Lexis MO;CODE
Nebraska: Westlaw: NE-ST-ANN, Lexis NE;CODE
North Dakota: Westlaw: ND-ST-ANN, Lexis ND;CODE
South Dakota: Westlaw: SD-ST-ANN, Lexis SD;CODE,
Tribal Codes and Constitutions
Native American Constitution and Law Digitization Project
National Tribal Justice Resource Center
Indian Tribal Codes (microform). University of Washington School of Law. KF 8220 .A2 1988. Located in St. Louis.
Devils Lake Sioux Tribe Law and Order Code. KF 8228 .D1 1988. Located in Fargo and St. Paul.
Standing Rock Sioux Tribe Code of Justice. KF 8228 .S72 S737 1995. Located in Fargo and St. Paul.
Turtle Mountain Band of Chippewa Indians. KF 8228 .C6 T87 1976. Located in Fargo and St. Louis.
United States Statutes at Large, Volume 7. KF 50 .U58. This volume is entirely treaties. Located in Fargo, St. Louis, Des Moines, Kansas City, Little Rock, Minneapolis, Omaha and St. Paul.
Kappler Revisited: An Index and Bibliographic Guide to American Indian Treaties; by Charles D. Bernholz; KF 8201 .A1 B46 2003. Located in Fargo and St. Paul.
Indian Treaties Not Included in Kappler’s Indian Affairs Volume I and II.
Indian Affairs: Law and Treaties, Volumes 1 - 5; KF 8203 .U5. Located in St. Louis and Minneapolis. Available on Westlaw at FNAM-EXEC.
Indian Affairs: Law and Treaties, Volumes 6 - 7; KF 8203 1990Z. Located in Fargo.
Native American People Treaties, Ratifies and Unratified. Available on Lexis at GENFED;NAPTRY.
Federal case law online - Westlaw: FNAM-CS, Lexis: GENFED;OMNI
Indian Law Reporter. American Indian Lawyer Training Program;
KF 8202.A3 .I5. Located in St. Louis and Omaha.
Tribal Court Opinions - from the National Tribal Justice Resource Center.
25 CFR - Indians
Direct links: GPOAccess, GPO’s eCFR, LII, Westlaw: FNAM-CFR, Lexis: GENFED;CFR.
Code of Federal Regulations; KR 70 .A3;
Located in all 8th Circuit libraries.
Available online : GPOAccess, GPO’s eCFR, LII, Westlaw: FNAM-CFR, Lexis: GENFED;CFR .
Indian Law Bulletin - U.S. Regulatory Information. National Indian Law Library issues recently issued notices and proposed regulations. Available on Westlaw at: FNAM-FR.
Bureau of Indian Affairs - The Bureau of Indian Affairs, a bureau within the Department of the Interior, exists to assist Indians and Native Alaska People in managing their affairs, developing their natural resources, maintaining infrastructure and economic development and providing education to approximately 48,000 Indian students.
Department of the Interior - Manages the nations public lands, resources, wildlife, parks and upholds the government's trust responsibilities to Indian tribes.
Decisions of the Interior Board of Indian Appeals (unofficial site) - Deals primarily with disputes involving the BIA and probate cases. (Vol.1, 1970-) Available on Westlaw at FNAM-IBIA.
Opinions of the Solicitor of the Department of the Interior (regarding Indian affairs) - Available on Westlaw at FNAM-EXEC and Lexis at GENFED;DOINA.
Indian Health Service - The federal health program for American Indians and Alaska Natives.
National Park Service - Works with Native American tribes.
Office of Tribal Justice - Established to provide a single point of contact within the Justice Department meeting the federal responsibilities to Indian tribes.
U.S. Army Corps of Engineers - Provides services in support of Indian tribes for the Native American Graves and Repatriation Act.
American Indian Law: Native Nations and the Federal System: Selected Federal indian Law Decisions; by Robert N. Clinton; KF 8203 2004. Located in Fargo.
American Indian Law Deskbook; by Joseph P. Mazurek; KF 8205 .A76 1998.
Located in Fargo, Kansas City and Minneapolis.
American Indian Law in a Nutshell; by William C. Canby; KF 8205 .Z9 C36 2004. Located in Fargo, Minneapolis and St. Paul.
American Indian Sovereignty and the U.S. Supreme Court; by David E. Wilkins; KF 8205 .W527 1997. Located in Fargo.
Braid of Feathers: American Indian Law and Contemporary Tribal Life; by Frank Pommersheim; KF 8205 .P6 1995. Located in Fargo, Omaha, St. Louis and St. Paul.
Cases and Materials on Federal Indian Law; by David H. Getches; KF 8204.5 .G47 1998. Located in Fargo.
Handbook of Federal Indian Law; by Felix S. Cohen; KF 8205 .C6 1988. Located in Fargo, St. Louis, Kansas City, Little Rock, Minneapolis, Lincoln, Omaha, and St. Paul. Available on Lexis at GENFED;COHEN and Native American Constitution and Law Digitization Project.
The Indian Child Welfare Act Handbook; by Billy Joe Jones; KF 8210 .C45 J66 1995. Located in Fargo.
Landmark Indian Law Cases; by National Indian Law Library; KF 8204.5 .L36 2002. Located in Fargo.
Manual of Indian Gaming Law (Annotated) by Ralph Reeser; KF 8210 .C7 R43. Located in Fargo and Omaha.
Native American Natural Resources Law; by Judith V. Royster; KF 8210 .N37 R69 2002. Located in Fargo.
The Rights of Indians and Tribes: The Basic ACLU Guide to Indian and Tribal Rights; by Stephen L. Pevar; KF 8210 .C5 P48 1992. Located in Fargo and St. Louis.
United States Tribal Court Directory; by April Schwartz; KF 8224 .C6
S39 2002. Located in Fargo.
American Indian Law Review; K1 M437. Located in St. Louis. Available online at Westlaw at AMINDLR and Lexis at OKLA;AMILR and Hein.
Tribal Law Journal. Available on Lexis at GENFED;TRIBAL.
Indian Country Today - The leading American Indian newspaper in the United States. Published weekly by Four Directions Media. Print copy located in Fargo.
News page (from Indianz.com) - A site by the Winnebago Tribe of Nebraska. Covers legal and general news affecting tribes and Native Americans.
Western Knight Center for Specialized Journalism - This Indian Country Blog is dedicated to media coverage of Native American issues, communities and cultures. The editor is Victor Merina, a Senior Fellow at the University of Southern California Annenberg Institute for Justice and Journalism.
Federally-Recognized Tribes - from the Bureau of Indian Affairs (BIA); also includes tribes whose status is pending or unacknowledged.
Indian Law - from Cornell's Legal Information Institute
Indian and Native People’s Law - from Findlaw
National Indian Law Library - The National Indian Law Library is a public law library devoted to federal Indian and tribal law. It makes accessible a unique collection of Indian law resources and assists people with their Indian-related information needs.
National Tribal Justice Resource Center - The most comprehensive site dedicated to the tribal justice systems, personnel and tribal law.
Native American Constitution and Law Digitization Project - This Project is a cooperative effort among the University of Oklahoma Law Center and the National Indian Law Library and Native American tribes providing access to the Constitutions, Tribal Codes and other legal documents.
Tribal Court Clearinghouse - Resources for tribal law.
U.S. Department of Justice: Office of Tribal Justice - Provides a single point of contact within the Justice Department for meeting the federal responsibilities owed to Indian tribes.
Created April 2005.