|
U of M Law Library > Research Guides Directory > Indian Law |
|||
Table of ContentsFinding Books
Library catalogs (Suggested subject searches include: Indians of North America, with subdivisions including -Legal status, laws, etc., Adoption, Property, Child Welfare, Civil Rights, Claims, Claims Against, Courts, Gambling, Government Relations, Land Transfers, and Politics and Government. Individual tribal names are also useful as search terms. You can arrive at subject headings that are relevant to your research by beginning with a key word search using more specific terms. For example, find practice materials by using key words legal education and Indians. After looking at the results of the key word search, try searching again using the subject headings listed at the end of records for works that seem useful.) MNCAT http://mncat.lib.umn.edu WorldCat http://www.lib.umn.edu/get/2984 Below are a few recommended titles on Indian law, generally: • American Indian Law in a Nutshell [RESERVE KF 8205 .Z9 C36 2004] Bibliographies (You can find bibliographies using the above catalogs, applying the same subject and key word searches described above, and adding the word: bibliography. [Many bibliographies appear in journal articles. To find them, use the periodical indexes listed below.] Locate monographic sources listed in the bibliographies through author or title searches in library catalogs). Below are selected bibliographies:
Encyclopedias
Finding Periodical Articles
General Legal Periodical Indexes
Other Useful Periodical Indexes
Periodicals
To find periodicals that may focus on your topic use key word searches in one of the library catalogs listed above including the word: periodicals (e.g., Indians and law and periodicals) Electronic journals can be found on Westlaw in FNAM-TP database. Below are several relevant periodicals:
Finding Cases
On Westlaw, Court of Appeals cases are on the FNAM-CTA database. Supreme Court Cases are on the FNAM-SCT database. District Court cases are on the FNAM-DCT database. All federal cases are on the FNAM-CS database. Oklahoma Tribal Court Reports are on the OKTRIB- CS database. A few tribes have selected tribal court opinions published on internet sites. Native American Sites at http://www.nativeculturelinks.com/indians.html has a list of tribes. To determine if opinions appear, select the desired tribe and search its site. For example, the Wisconsin Ho Chunk tribe has selected Supreme Court opinions on their site. VersusLaw (www.versuslaw.com), a fee-based database (law students, faculty & staff can register for free access), has tribal court opinions for the following tribes: Chitimacha Tribal Cts (LA), Mashantucket Pequot Tribal Ct (CT), Colville Confederated Tribes Ct of Appeals (WA), Mohegan Gaming Disputes Ct (CT), Confederated Tribes of Grand Ronde (OR), Mohegan Tribe of Indians Tribal Ct (CT), Coquille Tribal Ct (OR), Navajo Nation Ct (AZ), Coushatta Tribal Court (LA), Puyallaup Tribal Ct of Appeals (WA), Eastern Band of Cherokee Indians (NC), Passamaquoddy Tribal Ct (ME), Fort McDowell Yavapai Nation Tribal Ct (AZ), Saint Regis Mohawk Tribal Ct (NY), Hopi Tribal Ct (AZ), Tunica-Biloxi Tribal Ct (LA), and Makah Tribal Ct (WA). Opinions are searchable by subject and case name. U.S. Laws, Treaties & Other Documents
Treaties In Statutes at Large volume 7 (1778-1845), the treaties are in chronological order, and are indexed by tribal name. Thereafter, texts of treaties were regularly published in a separate section at the end of each Statutes volume. Indian treaties are intermingled with all others. They are indexed within each volume by tribal name and are also listed under the index headings INDIAN AFFAIRS, INDIAN TREATIES, OR INDIAN DEPARTMENT. Volume 16 carries the last substantial number of treaties, although stray treaty texts appear in later volumes as they were found and published. Government actions in furtherance of treaty obligations are under INDIAN in the index to each subsequent volume. Below are additional treaty compilations:
Updating Treaties Felix S. Cohen's Handbook of Federal Indian Law, "Annotated Table of Statutes and Treaties," (1942) [RareBooks (American Indian) KF 8204.5 .C63x 1941] functions as a citator from laws and treaties in the Statutes At Large to legislative history materials, cases, attorney general opinions, published and unpublished Department of Interior decisions and memoranda, unpublished memoranda of the Department of Justice Lands Division, legal texts and periodicals, and government documents. There are also parallel citations from the Statutes at Large to the United States Code. This table leads to early material which cannot be located through standard indexes. Shepard's Federal Statute Citations [KF 101.2 .S53], section "United States Statutes at Large (Not Included in the United States Code,)" includes treaties which can be shepardized from their date and Statutes at Large citation. Research in Shepard's must begin with the year of the treaty. Early treaties (1787-1845) were all cumulated in volume 7 of the Statutes at Large, but in Shepard's they appear under the year of the treaty, then the volume 7 citation. United States Code Service [Primary KF 62 1972 .L38] "Notes to Uncodified Law and Treaties," is shelved after the code volumes. Interpretive notes and case decisions are given in a special "Indian Treaties" section of the volume which is updated annually by a pocket part. This is the most convenient single source for litigation in federal or state courts. Court of Claims decisions are included. Indian Claims Commission decisions are not included. United States Statutes and Legislation See chapter 3 in Felix S. Cohen's Handbook of Federal Indian Law for a thorough discussion of the Constitution as a source of federal power over Indian affairs. "Commerce with Indian Tribes, Article I, section 8, clause 3," is annotated in a separate section of commerce clause coverage in the United States Code Annotated [Primary KF 62 1927 .W45] and the United States Code Service [Primary KF 62 1972 .L38]. Annotations on "Indian Treaties" appear under Constitutional Article II, section 2, granting power to the president to enter into treaties. Most statutes pertaining to Indians are codified at Title 25 of the United States Code [Primary KF 62 1994 .A2 1994]. However, other important legislation is scattered throughout the Code. Use INDIANS and INDIAN LANDS as index terms. On Westlaw, the Native Americans Law-U.S. Code Annotated database is FNAM-USCA. Below is a source for colonial laws with respect to Indian affairs: • Laws of the Colonial and State Governments Relating the Indian Inhabitants. [Rare Books (American Indian) US-Y1.1/8: 21-319] Presidential Proclamations and Executive Orders United States Code Congressional and Administrative News [Primary KF 48 .W45] is useful for research from 1947 to date. The last volume of each session has a subject index which uses the index term INDIANS. Older executive proclamations are in Kappler's Indian Affairs Law and Treaties [U.S. Documents US-I1.107:] On Westlaw, the Native Americans Law-Executive documents database is FNAM-EXEC. Administrative Law Code of Federal Regulations [Primary KF 70 .A3] Title 25 is devoted exclusively to Indians, but many other titles include provisions affecting Indians. CFR sections are updated by using the Code of Federal Regulations, Lists of Sections Affected [Primary KF 70 .A34 .C6] and the Federal Register [KF 70 .A2]. On Westlaw, the Native Americans Law- Code of Federal Regulations Database is FNAM-CFR. The Native Americans Law-Federal Register database is FNAM-FR. Decisions of the Department of the Interior [KF5603.3 .A2 A4] On Westlaw, the Native Americans Law-Interior Board of Indian Appeals Decisions database is FNAM-IBIA. On Lexis, Interior Board of Indian Appeals decisions are in the ENVIRON library, IBIA file. Finding Tribal Codes
Miscellaneous Documents
Current Awareness Publishers/Publications
Government Publications
Catalogs and Indexes
Congressional Information
Major Web Sites
Generally
Universities
Major Government Bodies
Major Organizations/Institutions
Links verified 4/28/2008 |
|||
|
|