a AMERICAN INDIAN LAW








 

 

 


U.N. DECLARATION
INDIGENOUS RIGHTS

 


THE DOCTRINE OF DISCOVERY

 


IN THE COURTS OF THE CONQUEROR

 


U.N. INTERNATIONAL INDIGENOUS RIGHTS

 


THE ONEIDA NATION VS. NEW YORK CASE

NATIVE AMERICAN INDIAN LAWS TREATIES AND JUDICIAL CASES RESOURCES:

INDIAN POLICY  >  DOCUMENTS/REPORTS  >  RESOURCES   

"We command that the sale, grant, and composition of lands be executed with such attention, that the Indian shall be left in possession of the full amount of lands belonging to them, either singly or in communities, together with their rivers and waters; and the lands which they shall have drained or otherwise improved, whereby they may, by their own industry have rendered them fertile, are reserved in the first place, and can in no case be sold or alienated.  And the Judges who shall have been thither, shall specify what Indians they may have found on the land, and what lands they shall have left in possession of each of the elders of the tribes, caciques, governors, or communities. It being our wish that the Indians be protected and well treated, and that they be not molested nor injured in their person or property."
                                                               Law of the Indies, 1681

TRIBAL SOVEREIGNTY IN USA by Melody McCoy, May 18, 2005, USOE Conference

1. Tribes are Separated Sovereign Government

2. Tribes Sovereignty Generally Extend Over Tribes Territory

3. Tribal Sovereignty is Inherent but is Subject to Limitations by Congress

4. Tribal Sovereignty may be Exclusive or Concurrent

FEDERAL INDIAN POLICY TREATIES, LAWS, AND JUDICIAL CASES

  A
1492-1787 TRIBAL INDEPENDENCE
 
  • French Indian Wars (Seven Years War in 1763)
  • The Iroquois and the British agreements
  • The King proclaimed the liberty of Indian Nations and their properties
  • Treaties: A collection of Treaties (1722-1805)
1787-1828 AGREEMENT BETWEEN EQUALS/TREATY ERA
 
1828-1887 RELOCATIONS OF INDIAN NATIONS
 
1492-1859 The Five "Civilized" Nations A Special Case:
 
1887-1934 ALLOTMENT AND ASSIMILATION
 
1934-1953 INDIAN REORGANIZATION ACT
 
1953-1968 THE TERMINATION ACT
 
1968-present THE INDIAN SELF-DETERMINATION ACT
 
  A
 

Source: Personal Book Collection and Various Academic Sources in the Internet

IMPORTANT DOCUMENTS AND READINGS:

- BIA Performance an Accountability Report 2005
- Conflict resolution Assistance in Indian Country
- Strengthening the Circle Interior Indian Affairs (2004-2005)

-
A Short Reading on the History of the Federal Indian Policy
-
Native American Rights Fund Report 2005
-
Reading on Native American Indian Sovereignty by Peter D'Errico
-
Tribal Perspective Environmental Justice
-
Tribal Government Policy by the Department of Energy
-
The Relationship Between Unwritten and Written Tribal Law
-
Strengthening Tribal Government
-
The Role of Tribal Government in Regulating Research
-
Short Reading in Sovereignty
-
Reading: Organizing in the Context of Tribal Sovereignty

- American Indian Territoriality by Imre Sutton


RESOURCES:

Canada First Nations Laws and Treaties

National Congress of American Indians:
The National Congress of American Indians (NCAI),  founded in 1944,  is the oldest and largest tribal government organization in the United States. NCAI serves as a forum for consensus-based policy development among its membership of over 250 tribal governments from every region of the country.

Tribal Government Web Sites
NCAI provides this directory of links to tribal government Web sites. 

Legal Resources

Title 25 U.S. Code - Indians
Find the full text of laws under Title 25 of the U.S. Code, which pertains to Native Americans. 

Indian Trust 
This site, from the U.S. Department of  the Interior, offers a one-stop clearinghouse for Indian trust management information.

Office of Tribal Justice - U.S. Department of Justice 
The Office of Tribal Justice (OTJ) was established to provide a single point of contact within the Justice Department for meeting the broad and complex federal responsibilities owed to Indian tribes. The Office facilitates coordination between Departmental components working on Indian issues, and provides a permanent channel of communication for Indian tribal governments with the Department of Justice.

Native People's Law Caucus 
The Native People's Law Caucus provides a forum for discussing Native law, sharing ideas, and sharing information about Native law and other issues that impact Native and Indigenous people.

Native American Constitution and Law Digitization Project
This Project is a cooperative effort among the University of Oklahoma Law Center  and the National Indian Law Library (NILL), and Native American tribes providing access to the Constitutions, Tribal Codes, and other legal documents. 

National Indian Law Library
The National Indian Law Library (NILL) is a public law library devoted to federal Indian and tribal law. It serves both the Native American Rights Fund (NARF) and the public. The library proudly serves all members of the general public including individuals and organizations working on behalf of Native Americans.

INTERNATIONAL LAW ON NATIVE AMERICANS

International Native American Law by The University of Tulsa
Collection of International laws on Native Americans, includes:

Aboriginal Canada Portal

International Work Group for Indigenous Affairs

Indigenous Peoples' Center for Documentation, Research and Information

Federal Court of Australia - Native Title Infobase

WebLaw Native Title Infobase - Australia

National Aboriginal Document Database

RESEARCHING INDIGENOUS PEOPLES RIGHTS UNDER INTERNATIONAL LAW

United Nations High Commissioner for Human Rights - Indigenous Peoples

Indigenous Environmental Network

Survival International - Survival for Tribal Peoples

Victoria University of Wellington, New Zealand - Indigenous Peoples and the Law

Latin American Network Information Center (LANIC)

International Institute for Indigenous Resource Management

 

more books...
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
         
 
a
Compiled from several different sources by amauta.info
Through this website you are able to link to other websites which are not under the control of
amauta.info.  We have no control over the nature, content and availability of those sites. The
 inclusion of the links does not necessarily imply a recommendation or endorse the views
expressed within them. Please, let us know if you find inappropriate information.
amauta.info 1993-2011 - Antonio Arce
a
 
a        
 
a
a
a