The Law of American Indians Posts
This article seeks to fill the immense gap in literature related to Indian law in Indiana. It can be a tool for educators, students, and practitioners seeking to learn more about this area of law.
A federal adoption law mandating that Native American children should be kept with Indian families whenever possible is under challenge by a white couple in Texas.
“Unlawful acts, performed long enough and with sufficient vigor, are never enough to amend the law.” So reads McGirt v. Oklahoma, the most important reservation boundary case in the history of the Supreme Court.
Department of Justice Invests More than $295.8 Million in Grants to Improve Public Safety, Serve Crime Victims in American Indian and Alaska Native CommunitiesLauren Klosinski
On Sept. 30, 2020 the DOJ announced it has awarded more than $295.8 million to improve public safety, serve victims of crime and support youth programs in American Indian and Alaska Native communities.
On Sept. 21, 2002, Senator John Hoeven, chairman of the Senate Committee on Indian Affairs, issued a statement after the U.S. House of Representatives passed Savanna’s Act, legislation he cosponsored that requires reporting on missing and murdered Native Americans.
This Article brings to the fore the exclusion of tribal governments and their laws from our mainstream conception of “American law” and identifies this exclusion as both an inconsistent omission and a missed opportunity.
Unlike other children, Native American children can be tried and sentenced in tribal, state or federal justice systems. Once they make contact with the justice system, Native youth face unique complications that many don’t understand[.]
McGirt v. Oklahoma: Understanding What the Supreme Court’s Native American Treaty Rights Decision Is and Is NotTroy A. Eid
Confusion permeates the public arena as to what the U.S. Supreme Court recently did – and didn’t do – by ruling in favor of the Muscogee (Creek) Nation, a federally recognized Native American tribe, and against the state in McGirt v. Oklahoma.
On July 9, 2020 the Supreme Court of the United States held that land in northeastern Oklahoma reserved for the Creek Nation since the 19th century remains a reservation for the purpose of a federal statute that gives the federal government exclusive jurisdiction to try certain major crimes committed by “[a]ny Indian” in “the Indian country.”
This short essay argues for tribal regulatory powers over nonmembers in Indian country during a pandemic. This should be an easy argument, but federal Indian law makes it more complicated than it should be.