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)
A significant portion of Chapter 1 (Federal-Tribal Relationships) has been approved by ALI’s membership. This chapter contains General Terms, Federal–Tribal Relationship, American Indian Treaty Law, Federal Legislation, and Breach of Trust Claims.
Additional planned chapters:
- Chapter 2 will focus on the powers of Indian tribes, including the power to determine what form of government tribes will develop, to determine the criteria for membership in the tribe, and also to legislate with respect to a wide variety of matters like taxation.
- Chapter 3 will address tribal-state relations.
- Chapter 4 is going to address two aspects of economic development in Indian country; tribes as economic actors, and tribes as economic regulators.
- Chapter 5 will address an issue that is at the forefront in Indian law policy right now – Indian country criminal jurisdiction.
North Dakota Tribal Leaders Highlight ‘Unfair’ Voter ID Law in Congressional Hearing
North Dakota tribal leaders urged members of Congress Tuesday to protect Native American voting rights, highlighting a state voter identification law they said creates unequal access to the ballot box.
Indian Country Criminal Jurisdiction
The following entry is excerpted from the Reporters Introductory Note on Chapter 5 – Indian Country Criminal Jurisdiction, and Black Letter and Comments of Section 100. Indian Country.
American Indian Law: When Two Sovereigns Collide
This episode of Reasonably Speaking passes the microphone to American Indian Law experts Matthew Fletcher and Wenona Singel for a serious look at tribal sovereignty, voting rights, violence against native women, and much more.
Appeals court hears Texas case challenging Indian Child Welfare Act; Judge says ‘They are not your children … they are the children of the tribes’
A total of 325 tribal nations, 57 Native organizations, 21 states, 31 child welfare organizations, 7 members of Congress, and dozens of scholars of federal Indian law and constitutional law supported the law.
Criminal Justice in Indian Country: A Theoretical and Empirical Agenda
Examinations of the Native American experience in the US criminal justice system are still relatively sparse, despite earlier calls for increased attention to Native American crime and justice issues. This is unfortunate, as Native Americans are unique among all groups in US society and face distinctive criminal justice jurisdictional complexities.