LibGuides: Global Indigenous Law Research: Primary Sources and Policy Documents

Tribal Law and Federal Indian Law Research United States

Tribal Law

Cases

Tribal Cases
Tribal Cases contain reported and unreported case law from the tribal, appellate, or supreme courts from select American tribes.
Tribal Cases
Tribal Law Gateway
Tribal Law Materials by Tribe

Tribal Codes and Constitutions

Federal Indian Law

Cases

Since you can't browse in Lexis, Westlaw or Bloomberg Law for Federal Indian Law cases, you will need to use finding tools to see what is being litigated in this field. There are several ways to do this. You can:

look at the footnotes in your secondary sources (Books, articles, entries in legal encyclopedia and legal dictionaries and research guides). The American Law Reports is a series, available on Westlaw that provides an annotated bibliography of cases on specific topics. Below is a link to a relevant search.
use KeyNumbers, Headnotes, a Digest, or collections of cases. A link to a search in the UC Law SF Catalog for digests of American Indian law is provided below. When you find one good case, you can use KeyCiting and Shepardizing to find other related cases.
run a Web search or use Justia Lawyers to find lawyers or law firms that specialize in Federal Indian Law and then use litigation analytics to generate a list of cases (and data about the cases) have been these firms or lawyers. Law firms will also often publish on their websites about their recent cases, so their websites are a good place to find relevant recent cases.

Legal Encyclopedia (as finding tools for primary law)

American Law Reports Search
Search: TI("Native American" OR "Federal Indian" OR "American Indian" OR Tribe OR Tribal). You can use the Search within feature or the other filters on the left to further refine your search.
Secondary Sources - Jurisprudence & Encyclopedias
Search: TI("Native American" OR "Federal Indian" OR "American Indian" OR Tribe OR Tribal); Sorted by most cited. Review the footnotes for important cases or other primary law sources.

Headnotes, Digests & Collections of Cases

Lexis Headnote Search in Cases for: "Native American" OR "Federal Indian" OR "American Indian" OR Tribe OR Tribal
Search within for your more specific topic.
West Key Number Digest 209 INDIANS
Search within the results for a more specific topic and use the filters to limit by additional key numbers (sub-topics), jurisdiction and date.
The NARF legal review
The NARF Legal Review is published semi-annually and provides updates on NARF’s cases and information on other timely Indian law topics.
Digest of decisions relating to Indian affairs (1901)
Historical cases
Subject contains Indians of North America Legal status, laws, etc Digests

Landmark Indian Law Cases by National Indian Law Library Staff (Contribution by)
Call Number: 5th Stacks ; KF8205 .L36 2022
ISBN: 9780837742595
Publication Date: 2022-01-01

Directory of Lawyers/Law Firms

Law Firm Websites

California Indian Legal Services - Annual Reports
Berkey Williams LLP
The firm is unique in that it represents only Native American interests; it has not and does not represent interests adverse to Indian tribes. The firm provides a full range of legal services, including counsel and advice, preparation of governing documents (tribal codes, policies, ordinances), advocacy before administrative and legislative bodies, training, and litigation in federal, state and tribal courts.

Litigation Analytics

Federal Statutes

Federal Regulations

Code of Federal Regulations (CFR) Title 25—Indians

Executive Orders

Treaties

Native American Law Treaties
Native American People Treaties, Ratified and Unratified
Indigenous Peoples Treaties
American Indian Treaties Portal
Early American Indian Documents: Treaties and Laws, 1607-1789 by John T. Juricek (Editor)
Indian Affairs: Laws and Treaties by Charles J. Kappler
Compiled and edited by Charles J. Kappler, this historically significant, seven volume compilation contains U.S. treaties, laws and executive orders pertaining to Native American Indian tribes. The volumes cover U.S. Government treaties with Native Americans from 1778-1883 (Volume II) and U.S. laws and executive orders concerning Native Americans from 1871-1970 (Volumes I, III-VII).
Indigenous Digital Archive - Treaties Explorer

For Additional Guidance on Interpreting Treaties, see:

UC Law SF Treaty Research Guide

Federal Agencies

Federal Documents

Documents of United States Indian Policy by Francis Paul Prucha (Editor)
Call Number: Online
ISBN: 9780803287624
Publication Date: 2000-10-01

Interior Board of Indian Appeals Resources
The Interior Board of Indian Appeals (IBIA) is an appellate review body that exercises the delegated authority of the Secretary of the Interior to issue final decisions for the Department of the Interior in appeals involving Indian matters. Located within the Department's Office of Hearings and Appeals, IBIA is separate and independent from the Bureau of Indian Affairs (BIA) and the Assistant Secretary - Indian Affairs.
Interior Board of Indian Appeals (IBIA)
Department of Interior Board of Indian Appeals Decisions
U.S. Department of the Interior - Solicitor's Opinions
ProQuest Congressional
Comprehensive access to U.S. legislative histories, indexes and full text of congressional publications from Congressional Information Service, Inc. Coverage: 1789 - present; full text digital Serial Set 1789-1969. Also includes Executive Branch documents (1789-1932) and Executive Orders and Presidential Proclamations (1789-present).
ProQuest Congressional: Topic: Alaska Native Claims Settlement Act
Contents:
Background | Reports | Viewpoints | In the News | Useful | Information | Featured Events | Related Topics
ProQuest Congressional: Topics page
Includes several topics on Tribal Nations.
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates 1774 to 1875 (Library of Congress)
Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships - White House

Important IGO Documents and Organizations

Tebtebba (Indigenous Peoples’ International Centre for Policy Research and Education)
An indigenous peoples’ organization and works for the respect, protection and fulfillment of indigenous peoples’ rights and their self-determined sustainable development. Tebtebba takes the lead in policy advocacy and campaigns on all issues affecting indigenous peoples and seeks to promote and disseminate widely indigenous peoples' worldviews, their perspectives on key issues such as individual and collective human rights, sustainable development, climate change, biodiversity, traditional knowledge, customary laws and governance, conflict transformation, gender, etc.
United Nations Declaration on the Rights of Indigenous Peoples
UN: Reports by the Special Rapporteur on the Rights of Indigenous Peoples
OAS: American Declaration on the Rights of Indigenous Peoples
OAS: Topics » Indigenous Peoples
UN Committee on the Elimination of Racial Discrimination
Country Reports on Human Rights Practices - US DoS
Asia-Pacific Economic Cooperation (APEC)

Sub-Topics

Indigenous Knowledge and Cultural Expression

WIPO: Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions
World Economic Forum
Search: Indigenous