LibGuides: Legal Research Resources for USD Students (Non-Law): Native American Law

Treaties - USD Resources

United States Statutes at Large Volume 7 by Government Printing Office
Call Number: Link to U.S. Government Online Resource
From the Library of Congress American Memory Collection. Scroll down to Volume 7, Treaties Between the United States and the Indian Tribes, 1778-1842.
Documents of American Indian Diplomacy by Vine Deloria; Raymond J. DeMallie
Call Number: E-Book
ISBN: 0585317178
Publication Date: 1999-01-01
Kappler Revisited by Charles D. Bernholz
Call Number: REFERENCE COLLECTION / 1ST FLOOR KF8203 .B47 2003
ISBN: 0962958646
Publication Date: 2003-01-01

Federal Indian Law Resources

American Indian Law Review (HeinOnline - USD log-in required)
Located in the HeinOnLine Law Journal Library, this academic journal contains articles on federal, state and tribal Indian law matters from 1973 through 2014.

This list includes links to online sources of law reviews, treaties, and federal administrative decisions.

Indian Affairs: Laws and Treaties
Charles J. Kappler compiled and edited seven volumes of United States treaties, federal statutes and executive orders from 1778-1970 concerning Native American tribes. Website from Oklahoma State University.
Early Recognized Treaties with American Indian Nations
From the University of Nebraska, this webpage includes links to the text of nine treaties, seven with the British and two with the United States government, that were not included in Kappler's Indian Affairs: Laws and Treaties.
National Indian Law Library Indian Law Bulletins
This current awareness resource provides information about new developments in Indian Law.
Indian Claims Commission Decisions
(1946-1978)
Interior Board of Indian Appeals (IBIA) Decisions
(1970-present)
Interior Board of Land Appeals Decisions (IBLA)
(1970-present)
Opinions of the Solicitor of the Department of Interior Relating to Indian Affairs
(1917-1974)
United States Department of the Interior - Solitictor's Opinions
(1993-present)

Introduction to Native American Law

The phrase "Native American Law" encompasses both federal Indian law and tribal law. Federal Indian law refers to the law regarding the relationship between the United States government and Indian tribes, including treaties. Tribal law is the law created by each Indian nation or tribe, and pertains to the territory of a tribe and its members.

These guides are excellent starting points before beginning Native American Law research:

David Selden & Monica Martens, Basic Indian Law Research Tips -Part I: Federal Indian Law (2008).

David Selden, Researching American Indian Tribal Law (2014).

Marilyn K. Nicely, Annotated Bibliography of Federal and Tribal Law: Print and Internet Sources (April, 2010).

Tribal Law Resources

Law Library of Congress Indigenous Law Portal
National Indian Law Library (Native American Rights Fund - NARF)
Tribal Law Gateway with links to tribal constitutions, codes and court opinions, as well as contact information for tribal government and courts.
Native American Constitutions and Law Digitization Project
Links to select tribal constitutions, tribal codes, and treaties, as well as links to Supreme Court updates from the National Indian Law Library and the Handbook of Federal Indian Law by Felix S. Cohen (1941).
South Dakota Tribal Court Contact Information
Provided by the South Dakota Unified Judicial System.
Tribal Court Clearinghouse (Tribal Laws and Policy Institute)
Links to tribal constitutions, codes and court decisions, as well as Indian law reviews, federal laws, state laws, program resources, and native resources.
Tribal Government websites - USA.gov
Tribal Justice: 25 Years as a Tribal Appellate Justice - Frank Pommersheim
This LibGuide links to tribal appellate court opinions authored by Professor Frank Pommersheim of the University of South Dakota School of Law, sitting as Chief Justice or Associate Justice on various tribal courts. The opinions are organized by tribe and each tribe's opinions are listed by year in chronological order.
Tribal Law Journal
This online periodical from the University of New Mexico School of Law focuses on indigenous and tribal law issues. 1998-2012.