Home study Federal Indian Law

 

As Native people who are struggling daily to defend our sovereignty, land, resources, culture, language, and people we understand the importance of learning the inner workings of the legal system that so deeply impacts and threatens our daily lives. However, most of us don't have the opportunity to attend classes to attain this knowledge for any of a variety of reasons, including the wipespread dismantling of Native American Studies departments in "United States" colleges and universities, one of the few places where Indian law is even taught. As an illustration of this, only two states in "the United States" currently require law students to even take a class in Federal Indian law while in law school (Cases and Materials on Federal Indian Law, Fifth Edition, Getches, Wilkinson, and WIlliams Jr.).

If you'd like to find more information about racism in law schools, check out this link as a place to start:

Race, Racism and the Law

My hope here is to create a resource where Indigenous people who are fighting to defend our sovereignty can come and learn a wealth of information about Federal Indian Law, in the easiest, cheapest, most readily accessible way possible.

Shall we begin?

First, not everyone who comes here is going to be in the same place in terms of what they already know about the judicial system. For folks who are confused about how the courts work, start here:

How the Judicial System Works

Federal Indian Law For Dummies (if you have access to a printer that will do double-sided, when printed, this pdf makes a little book)-temporarily down, will return soon, sorry for the inconvenience

For those who feel confident in their knowledge of how the "United States" courts work and would like to delve directly into Federal Indian Law, Arizona Native Net has put together a free self-directed study course called, "Federal Indian Law for Tribal Leaders," that can be accessed here. Or click here to view the syllabus for the course.

The First Module is called "The European Doctrine of Discovery and American Indian Rights

The Second Module is called "Doctrine of Discovery"

Some information that will be useful to acompany this module is here, the Tribal Sovereignty Primer.

The Third Module is called "Early 19th Century Indian Law: Johnson v. McIntosh."

Cases and Materials on Federal Indian Law, the recommended text to accompany Arizona Native Net's Federal Indian Law for Tribal Leaders costs over $100 new, and while incredibly useful, it mostly consists of case summaries, excerpts from cases, and writings on the cases by Getches, Wilkinson, and Williams Jr. Very nearly all of this can be found in other places besides the book for free, and the parts that can't be found, can be made up for by purchasing an older edition of this book for a few dollars from an online bookseller, or quite possibly for just a few dollars through your local library's Interlibrary Loan.

Searchable law databases:

Findlaw

Native American Rights Fund

Race, Racism and the Law -click this link and then hit "search this site"

Links to free online books on Federal Indian Law:

Handbook of Federal Indian Law by Felix S. Cohen

Indian Affairs: Laws and Treaties by Charles J. Kappler

American Indian Sovereignty and the US Supreme Court: The Masking of Justice by David E. WIlkins*

*note-This book requires a subscription to ebrary.com which is where this link will direct you. You can pay for it, which costs about $5, or you can ask a local library or other institution to subscribe to it, which will be free for you and also make it available for others in the future.

Links to helpful internet sites on Federal Indian Law:

The Native American Rights Fund National Indian Law Library.

International Indian Treaty Council

Tribal Indian Law:

Tribal Law Gateway: Collection of Tribal Laws, constitutions, etc.

Books to find at a library:

Indian Law Starter Kit, a list* I have only read some of these books and as such cannot vouch for their accuracy or usefulness

Tribal Sovereignty, another list* I have only read some of these books and as such cannot vouch for their accuracy or usefulness

American Indian Lawyer Training Program books (not listed here is the Manual of Indian Law by AILTP)* I have only read some of these books and as such cannot vouch for their accuracy or usefulness