Restatement of Law of American Indians

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.

U.S. Supreme Court Denies Review of Indian Child Welfare Act

by Taylor Carroll | Nov 13, 2017 | American Indian Law, Children and the Law | 0 Comments

In the case, S.S. v Colorado River Indian Tribes, the U.S. Supreme Court recently denied a petition for certiorari filed by the Goldwater Institute.

The petition alleges the Indian Child Welfare Act, a federal law that established standards for the placement of Native American children in foster and adoptive homes, is unconstitutional.

Senate committee discusses bills introduced in wake of LaFontaine-Greywind killing

by Taylor Carroll | Oct 30, 2017 | American Indian Law | 0 Comments

The U.S. Senate Committee on Indian Affairs held hearings Wednesday, Oct. 25, on two bills introduced by North Dakota senators to address issues raised after the killing in August of a 22-year-old Fargo woman, Savanna LaFontaine-Greywind, and abduction of her newborn child.

October Council Meeting Updates

by Jennifer Morinigo | Oct 24, 2017 | American Indian Law, Children and the Law, Conflict of Laws, Data Privacy, Sexual Assault, Student Sexual Misconduct, Torts: Intentional Torts to Persons | 0 Comments

At its meeting in New York City on October 19 and 20, The American Law Institute’s Council reviewed drafts for eight projects, with the following outcomes:

Federal Indian Law: Taking Account of the Lessons of History

by Taylor Carroll | Oct 19, 2017 | American Indian Law | 0 Comments

It’s highly appropriate for The American Law Institute to take on federal Indian law; it is fundamental to who we are as a nation. The history of federal Indian law reflects the country coming to grips with its colonization of indigenous peoples. The process has gone on now for a long time, obviously, and in the early stages, the state of the law was dismal from a human rights standpoint.