The subject matter of this Restatement predates the birth of our nation. Some of the most important early decisions of the Supreme Court of the United States, including ones authored by Chief Justice John Marshall, deal with the Law of American Indians. And tribes, along with the federal government and the states, are one of the three categories of sovereigns in the United States. (Excerpted from the Forward of Tentative Draft No. 1 by ALI Director Richard L. Revesz)
This field is so informed by history, probably more than any other in some ways. … Certainly in the field of Indian affairs, a lot of damage has been done in the past, and there are a lot of challenges for the future just to get things right from the perspective of those of us who believe that tribes should have a voice in this society, and that there are good rules to help bolster that voice. (Excerpted from an interview with Associate Reporter Kaighn Smith)
Table of Contents:
- Chapter 1 Federal–Tribal Relations
- Chapter 2 Tribal Authority
- Chapter 3 State–Tribal Relations
- Chapter 4 Tribal Economic Development
- Chapter 5 Indian Country Criminal Jurisdiction
- Chapter 6 Natural Resources
Project Reporters
Matthew L.M. Fletcher
Reporter, American Indian Law Restatement
Matthew L.M. Fletcher is the Harry Burns Hutchins Collegiate Professor of Law at University of Michigan Law School. He teaches and writes in the areas of federal Indian law, American Indian tribal law, Anishinaabe legal and political philosophy, constitutional law, federal courts, and legal ethics. He is a member of the Grand Traverse Band of Ottawa and Chippewa Indians and sits as the Chief Justice of the Pokagon Band of Potawatomi Indians and the Poarch Band of Creek Indians.
Wenona T. Singel
Associate Reporter, American Indian Law Restatement
Wenona T. Singel is the deputy legal counsel to the Office of the Governor for the State of Michigan. Ms. Singel is the first American Indian to hold this position in Michigan. Her position of deputy legal counsel includes serving as the advisor to the Governor on tribal affairs where she work to strengthen the government-to-government relationship between Michigan’s twelve federally-recognized tribes and the State of Michigan. Before her appointment, Ms. Singel was an associate professor at MSU College of Law and Associate Director of the Indigenous Law and Policy Center. She is a magna cum laude graduate of Harvard College, and she received a J.D. from Harvard Law School.
Kaighn Smith, Jr.
Associate Reporter, American Indian Law Restatement
Kaighn Smith, Jr., leads Drummond Woodsum’s nationwide Indian Law Practice Group. He has represented Indian nations and their enterprises for more than 25 years in cases that focus on jurisdiction and sovereignty disputes, labor and employment relations, complex transactional disputes, environmental matters, and fishing and water rights.