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Last update 3/2008. Direct feedback on this page to lawlib@umn.edu.

Finding Books

Library catalogs

(Suggested subject searches include: Indians of North America, with subdivisions including -Legal status, laws, etc., Adoption, Property, Child Welfare, Civil Rights, Claims, Claims Against, Courts, Gambling, Government Relations, Land Transfers, and Politics and Government. Individual tribal names are also useful as search terms. You can arrive at subject headings that are relevant to your research by beginning with a key word search using more specific terms. For example, find practice materials by using key words legal education and Indians. After looking at the results of the key word search, try searching again using the subject headings listed at the end of records for works that seem useful.)

MNCAT http://mncat.lib.umn.edu

WORLDCAT http://www.lib.umn.edu/cgi-bin/wcat.cgi

Below are a few recommended titles on Indian law, generally :

• American Indian Law in a Nutshell [RESERVE KF 8205 .Z9 C36 2004]
• Cases and Materials on Federal Indian Law [RESERVE KF 8204.5 .G47 2005]
• Felix S. Cohen's Handbook of Federal Indian Law [RESERVE KF 8204.5 .C63 1986]

Bibliographies

(You can find bibliographies using the above catalogs, applying the same subject and key word searches described above, and adding the word: bibliography. [Many bibliographies appear in journal articles. To find them, use the periodical indexes listed below.] Locate monographic sources listed in the bibliographies through author or title searches in library catalogs).

Below are selected bibliographies:

  • American Indian Land Claims: A Selected Bibliography [E98 .K84 1982]
  • American Indian Legal Materials: A Union List [LAW Microform Collection Mfiche KF8205.A1 N37 1979 with hard copy index]
  • American Indian Treaty Rights: A Bibliography [KF 8201 .A1 W368 1991]
  • A Bibliographical Guide to the History of Indian-white Relations in the United States [E93 .P781]
  • Indian-White Relations in the United States: A Bibliography of Works Published 1975-1980 [E93 .P781 Supp]
  • A Bibliography of Indian Law Periodicals, Published 1980-1990 [KF 8201 .A1 J673 1992]
  • A Bibliography of Current American Indian Policy [E93 .B82]
  • A Bibliography of the Constitutions and Laws of the American Indians [KF 8221 .A1 H27 1947]
  • Canadian Indian Policy: A Bibliography [E78.C2 .B82]
  • Chronological List of Treaties and Agreements Made by Indian Tribes with the United States [KF 8205.I57]
  • Encyclopedia of Legal Information Sources [LAW Reference Office KF 1 .E53 1993]
  • Guide to American Indian Documents in the Congressional Serial Set, 1817-1899: a project of the Institute for the Development of Indian Law [KF 8201 .A1 .J64]
  • National Indian Law Library Catalogue: An Index to Indian Legal Materials and Resources [KF 8201.A1 N37x 1982]

Encyclopedias

  • American Jurisprudence [Reference KF 154 .A42] (under "Indians.")
  • Corpus Juris Secundum [Reference KF 154 .C56] (under "Indians.")
  • Encyclopedia of American Indian Civil Rights [KF 8210 .C5 E53 1997]
  • The Encyclopedia of Native American Legal Tradition. [KF 8204 .E53 1998]


Finding Periodical Articles

General Legal Periodical Indexes

Current Law Index [Reference K 33 .C87]. Also in electronic format as LegalTrac - https://www.lib.umn.edu/log.phtml?id=3316&url=http://infotrac.galegroup.com/itweb/umn_wilson?db=LT (Access limited to U of MN Law School Network and U of MN Law Library Reference Office - on CD ROM in room 146 of the Law Library and on Lexis as LAWREV; LGLIND library and file and on Westlaw as LRI database.

Index to Legal Periodicals [Reference K33 .I54x] Also in electronic format 1980-date (Access limited to U of MN Law School Network) http://vnweb.hwwilsonweb.com/hww/jumpstart.jhtml?custid=0000053689&prod=ILPIN.

Current Index to Legal Periodicals [Reserve KF 8 .C87x] Also available in electronic format (Access limited to U of MN Law School Network) - http://cilp.nellco.org and on Westlaw (database = CILP).

Other Useful Periodical Indexes

America: History and Life
This index provides historical coverage of the United States and Canada from prehistory to the present.

Anthropology Plus
Anthropology Plus brings together into one resource the highly respected Anthropological Literature from Harvard University and Anthropological Index, Royal Anthropological Institute from the UK.

Bibliography of Native North Americans
Bibliography of Native North Americans (BNNA) is a bibliographic database covering all aspects of native North American culture, history, and life.

Ethnic Newswatch
Full text articles from over 125 American ethnic and minority newspapers, magazines and journals.

Humanities & Social Sciences Retrospective
Humanities & Social Sciences Retrospective searches nearly 1200 of the most important journals in these subject areas.

Sociological Abstracts
Updated bimonthly, this core database for the field of sociology contins information on sociology and social policy worldwide.

Periodicals

To find periodicals that may focus on your topic use key word searches in one of the library catalogs listed above including the word: periodicals (e.g., Indians and law and periodicals)

Electronic journals can be found on Westlaw in FNAM-TP database.

Below are several relevant periodicals:

• American Indian Law Review [Per .A596]
• American Indian Report [Per .A597]
• Annual Indian Law Conference [KF 8205 .Z9 I52]
• Indian Rights, Human Rights: Handbook for Indians on International Human Rights Complaint Procedures [K 3242 .I52x 1984]
• The NARF Legal Review [Per .N11]


Finding Cases

  • Indian Law Reporter [Periodicals Per .I44](Includes federal, state, and selective tribal court opinions, and selected decisions of the BIA.)

  • Indian Claims Commission Decisions [U.S. Documents Y3.In2/6:3C26]

  • Index to the Decisions of the Indian Claims Commission [U.S. Documents Y3.In2/6:3C26]

  • Index to the Expert Testimony Before the Indian Claims Commission: the Written Reports [U.S.Documents Y3 .In2/6:T28/arb#]

  • Annual Report 1978 (United States. Indian Claims Commission) [U.S. Documents Y3. In2/6: 1/]

  • Cases Decided in the United States Court of Claims... With Report of Decisions of the Supreme Court in Court of Claims Cases [Reporters KF125 .C53x]

  • United States Claims Court Reporter [Reporters KF 125.C58x]

  • Indian Tribal Claims: Decided in the Court of Claims of the United States, Briefed and Compiled to June 30, 1947 [KF8208 .A59 S65]

  • Navajo Law Reporter [KF 8220 .A52 N38x]

On Westlaw, Court of Appeals cases are on the FNAM-CTA database. Supreme Court Cases are on the FNAM-SCT database. District Court cases are on the FNAM-DCT database. All federal cases are on the FNAM-CS database. Oklahoma Tribal Court Reports are on the OKTRIB- CS database.

A few tribes have selected tribal court opinions published on internet sites. Native American Sites at http://www.nativeculturelinks.com/indians.html has a list of tribes. To determine if opinions appear, select the desired tribe and search its site. For example, the Wisconsin Ho Chunk tribe has selected Supreme Court opinions on their site.

VersusLaw (www.versuslaw.com), a fee-based database (law students, faculty & staff can register for free access), has tribal court opinions for the following tribes: Chitimacha Tribal Cts (LA), Mashantucket Pequot Tribal Ct (CT), Colville Confederated Tribes Ct of Appeals (WA), Mohegan Gaming Disputes Ct (CT), Confederated Tribes of Grand Ronde (OR), Mohegan Tribe of Indians Tribal Ct (CT), Coquille Tribal Ct (OR), Navajo Nation Ct (AZ), Coushatta Tribal Court (LA), Puyallaup Tribal Ct of Appeals (WA), Eastern Band of Cherokee Indians (NC), Passamaquoddy Tribal Ct (ME), Fort McDowell Yavapai Nation Tribal Ct (AZ), Saint Regis Mohawk Tribal Ct (NY), Hopi Tribal Ct (AZ), Tunica-Biloxi Tribal Ct (LA), and Makah Tribal Ct (WA). Opinions are searchable by subject and case name.


U.S. Laws, Treaties & Other Documents

Treaties

In Statutes at Large volume 7 (1778-1845), the treaties are in chronological order, and are indexed by tribal name. Thereafter, texts of treaties were regularly published in a separate section at the end of each Statutes volume. Indian treaties are intermingled with all others. They are indexed within each volume by tribal name and are also listed under the index headings INDIAN AFFAIRS, INDIAN TREATIES, OR INDIAN DEPARTMENT. Volume 16 carries the last substantial number of treaties, although stray treaty texts appear in later volumes as they were found and published. Government actions in furtherance of treaty obligations are under INDIAN in the index to each subsequent volume.

Below are additional treaty compilations:

• Documents of United States Indian Policy (Prucha) [KF 8205 .D63 1990]

• Early American Indian Documents: Treaties and Laws [KF 8202 1979]

• Indian Affairs, Laws and Treaties (Kappler) [US Documents US-I1.107:]
  Also available electronically via HeinOnline.

• Treaties and Agreements of the Eastern Oklahoma Indians [KF 8282 1973]

• Treaties and Agreements of the Five Civilized Tribes [KF 8202 1973xd]

• Treaties and Agreements of the Indian Tribes of the Northern Plains [KF 8202 1973xf]

Updating Treaties

Felix S. Cohen's Handbook of Federal Indian Law, "Annotated Table of Statutes and Treaties," (1942) [RareBooks (American Indian) KF 8204.5 .C63x 1941] functions as a citator from laws and treaties in the Statutes At Large to legislative history materials, cases, attorney general opinions, published and unpublished Department of Interior decisions and memoranda, unpublished memoranda of the Department of Justice Lands Division, legal texts and periodicals, and government documents. There are also parallel citations from the Statutes at Large to the United States Code. This table leads to early material which cannot be located through standard indexes.

Shepard's Federal Statute Citations [KF 101.2 .S53], section "United States Statutes at Large (Not Included in the United States Code,)" includes treaties which can be shepardized from their date and Statutes at Large citation. Research in Shepard's must begin with the year of the treaty. Early treaties (1787-1845) were all cumulated in volume 7 of the Statutes at Large, but in Shepard's they appear under the year of the treaty, then the volume 7 citation.

United States Code Service [Primary KF 62 1972 .L38] "Notes to Uncodified Law and Treaties," is shelved after the code volumes. Interpretive notes and case decisions are given in a special "Indian Treaties" section of the volume which is updated annually by a pocket part. This is the most convenient single source for litigation in federal or state courts. Court of Claims decisions are included. Indian Claims Commission decisions are not included.

United States Statutes and Legislation

See chapter 3 in Felix S. Cohen's Handbook of Federal Indian Law for a thorough discussion of the Constitution as a source of federal power over Indian affairs.

"Commerce with Indian Tribes, Article I, section 8, clause 3," is annotated in a separate section of commerce clause coverage in the United States Code Annotated [Primary KF 62 1927 .W45] and the United States Code Service [Primary KF 62 1972 .L38]. Annotations on "Indian Treaties" appear under Constitutional Article II, section 2, granting power to the president to enter into treaties. Most statutes pertaining to Indians are codified at Title 25 of the United States Code [Primary KF 62 1994 .A2 1994]. However, other important legislation is scattered throughout the Code. Use INDIANS and INDIAN LANDS as index terms.

On Westlaw, the Native Americans Law-U.S. Code Annotated database is FNAM-USCA.

Below is a source for colonial laws with respect to Indian affairs:

• Laws of the Colonial and State Governments Relating the Indian Inhabitants. [Rare Books (American Indian) US-Y1.1/8: 21-319]

Presidential Proclamations and Executive Orders

United States Code Congressional and Administrative News [Primary KF 48 .W45] is useful for research from 1947 to date. The last volume of each session has a subject index which uses the index term INDIANS. Older executive proclamations are in Kappler's Indian Affairs Law and Treaties [U.S. Documents US-I1.107:]

On Westlaw, the Native Americans Law-Executive documents database is FNAM-EXEC.

Administrative Law

Code of Federal Regulations [Primary KF 70 .A3] Title 25 is devoted exclusively to Indians, but many other titles include provisions affecting Indians. CFR sections are updated by using the Code of Federal Regulations, Lists of Sections Affected [Primary KF 70 .A34 .C6] and the Federal Register [KF 70 .A2]. On Westlaw, the Native Americans Law- Code of Federal Regulations Database is FNAM-CFR. The Native Americans Law-Federal Register database is FNAM-FR.

Decisions of the Department of the Interior [KF5603.3 .A2 A4]

On Westlaw, the Native Americans Law-Interior Board of Indian Appeals Decisions database is FNAM-IBIA. On Lexis, Interior Board of Indian Appeals decisions are in the ENVIRON library, IBIA file.



Finding Tribal Codes

• Acts and Resolutions of the Creek National Council of the Sessions of May, June, October, November, and December 1895[Rare Books (American Indian) KF8228 .C9 A5 1896a]

• Acts and Resolutions of the General Council of the Choctaw Nation: Passed at its Regular Session, 1898, and its Special Session, 1899. [Rare Books (American Indian) KF8228 .C8 A5 1899a]

• Acts of Council of the Choctaw Nation: Passed at the Regular Sessions of October 1895 and 1896, and the Special Session of September, 1896. [Rare Books (American Indian) KF 8228 .C8 A5 1897x]

• Charters, Constitutions, and By-Laws of the Indian Tribes of North America [US Documents I20.9/1: C48/pt./arb#]

• Cherokee Nation Code Annotated [Primary KF 8228 .c5 A5 1993]

• The Constitutions and Laws of the American Indians [Microform Collection Mfilm KF8220 .C66]

• Indian Tribal Codes [Microform Collection Mfiche KF8220 .I63 1988]

• Laws and Joint Resolutions of the National Council (Cherokee Nation): Passed and Adopted at the Regular Sessions of the National Council of 1876, 1877 and Extra Session of 1878. [Rare Books (American Indian) KF 8228 .C5 A5 1878]

• Jicarilla Apache Tribal Code [Primary KF 8220 .J53x 1987]

• Mille Lacs Band Statutes Annotated [Primary KF 8228 .M55x A5 1996]

• Navajo Nation Code [Primary KF 8228 .N3 A5 1995]

• Native American Constitution and Law Digitization Project http://thorpe.ou.edu/

Miscellaneous Documents

• Native American Legal Materials Collection. [Microform Collection Mfiche KF 8205 .A1 N37 1979] (Includes selected tribal codes and constitutions, treaties, federal statutes, and other documents. Indexed in hard copy.)

Current Awareness Publishers/Publications
• Native American Law Digest [KF 8202.8 .N38x]
• American Indian Law Deskbook [Reserve KF 8205 .A76 1998]



Government Publications

Catalogs and Indexes

Monthly Catalog of United States Government Publications [US Documents GP3.8:]
Electronic versions also available on CD ROM [Reference Office US-GP3.8/7:]http://catalog.gpo.gov/F?RN=115918387 and as MarciveWeb DOCS-Express Search http://www.marcive.com/scripts/webdocs.dll and on Westlaw as GPO-CTLG database.

GPO Access http://www.gpoaccess.gov/index.html

U.S. Government Periodicals Index [Wilson Government Publications (Reference) CD-ROM Z1223 .Z7 U5227]

Current Issues Sourcefile [WILSON Reference CD-ROM Z699.5 .R47 C87x]

Congressional Information

Congressional Information Service Collection Hardcopy versions of numerous Congressional publication indexes are located in room 140 of the Law Library. Full texts of the publications are also available on microfiche in this room. Electronic versions of the CIS indexes are available on CD ROM in Congressional Masterfile in room 146 of the Law Library and in LexisNexis Congressional http://www.lib.umn.edu/cgi-bin/cong.cgi.

Congressional Index [KF 49 .C6 (latest session on Reserve)]

Major Studies and Issue Briefs of the Congressional Research Service [Mfilm JK 1108 .M35x (located in Room 140)] Also available on Westlaw as FTX-CRS database.

CQ Weekly [WILSON Reference Quarto JK1 .C15] http://library.cqpress.com/cqweekly/ Also on Westlaw as CONGQTWR database.

Thomas: Legislative Information on the Internet http://thomas.loc.gov/



Major Web Sites for Indian Law Research

Generally

•Internet Law Library: Indian Nations and Tribes http://www.priweb.com/internetlawlib/31.htm

•LLRX: Researching Native American Legal Issues http://www.llrx.com/columns/reference51.htm

Universities
• Native American Legal Resources http://www.law.ou.edu/indian/
• Native American Sites http://www.nativeculturelinks.com/indians.html
(tribal website list has some codes and tribal court opinions in full text.)
• Native American Documents Project http://ww2.csusm.edu/nadp/
• Oklahoma State University Library: Indian Affairs: Laws and Treaties, Vol. II (Kappler) http://digital.library.okstate.edu/kappler/

Major Government Bodies
• Bureau of Indian Affairs http://www.doi.gov/bureau-indian-affairs.html
• Health and Human Services, Administration for Children and Families, Administration for Native Americans http://www.acf.dhhs.gov/programs/ana/
• United States Department of the Interior, Bureau of Reclamation, Native American Affairs http://www.usbr.gov/native/
• United States Department of Justice, Office of Tribal Justice http://www.usdoj.gov/otj/index.html

Major Organizations/Institutions
• Native American Rights Fund http://www.narf.org
• Oneida Indian Nation Treaties Project http://oneida-nation.net/treaties.html
• Minnesota American Indian Bar Association http://www.maiba.org
•Tribal Court Clearinghouse http://www.tribal-institute.org
•National Tribal Justice Resource Center http://www.tribalresourcecenter.org


Links verified 4/28/2008

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Last modified on June 10, 2008