Mastering American Indian Law

This second edition keeps pace with legal developments in policy, federal law, and court decisions, while it continues to fill a unique niche as a primary and secondary text for courses in the field. Updates are provided for key developments such as the recent U.S. Supreme Court decision on tribal sovereign immunity and the release of the U.S. Bureau of Indian Affairs Guidelines on the interpretation of the Indian Child Welfare Act. A new chapter on Ethics and Professional Responsibility in Indian Law Practice is included. -- from publisher's website.

In the early 1970s, the federal government began recognizing self-determination for American Indian nations. As sovereign entities, Indian nations have been able to establish policies concerning health care, education, religious freedom, law enforcement, gaming, and taxation. David E. Wilkins and K. Tsianina Lomawaima discuss how the political rights and sovereign status of Indian nations have variously been respected, ignored, terminated, and unilaterally modified by federal lawmakers as a result of the ambivalent political and legal status of tribes under western law.

"Mastering Native American Law is designed to provide readers with an overview of the field and serve as a useful supplement to classroom instruction covering Tribal nations governance and law, federal Indian law, and Tribal Nation-state government relations. In ten chapters, the book provides the reader with a foundational understanding of core concepts stemming from American Indian and Alaska Native Tribal Nations. This third edition keeps pace with Tribal Nation legal developments in relation to policy, federal law, and court decisions, while it continues to fill a unique niche as a primary and secondary text for courses in the field. Updates are provided for key developments such as the recent U.S. Supreme Court decisions on the extent of criminal prosecutorial authority in Indian Country and the federal legislative authority for the Indian Child Welfare Act. The text also serves as a practical guide for Tribal law practitioners and lawyers that are looking to expand their knowledge of Native American law. The topics include: Native American Property Law; Criminal Jurisdiction in Indian Country; Tribal Government, Civil Jurisdiction and Regulation; Family Law in Tribal Nation Communities; Tribal Nation-State Government Relations; and Sacred Sites, Cultural Property Protection, and Repatriation. Throughout the text, explanations of the relevant interaction between the over 570 Tribal Nations, the United States federal government, and state governments are included in the various subject areas. In Chapter 10, "International Indigenous Issues and Tribal Nations," the significant evolution of collective rights in international documents is discussed in depth, as these documents have relevance for Tribal Nations in relations with the United States. Suitable for Native American law courses, law school seminars on topics in Native American Law, undergraduate and graduate level American Indian and Alaska Native Studies classes, and those interested in the field, this book provides an easy-to-read text to guide readers from the historical to the contemporary on the major aspects of Tribal Nations law and policy"--

Nearly every American Indian tribe has its own laws and courts. Taken together, these courts decide thousands of cases. Many span the full panoply of law—from criminal, civil, and probate cases, to divorce and environmental disputes. American Indian Tribal Law, now in its Second Edition, surveys the full spectrum of tribal justice systems. With cases, notes, and historical context, this text is ideal for courses on American Indian Law or Tribal Governments—and an essential orientation to legal practice within tribal jurisdictions. New to the Second Edition: A new chapter on professional responsibility and the regulation of lawyers in tribal jurisdictions Enhanced materials on Indian child welfare Additional materials on tribal laws that incorporate Indigenous language and culture Additional examples from tribal justice systems and practice Recent and noteworthy cases from tribal courts Professors and students will benefit from: A broad survey of dispute resolution systems within tribal jurisdictions A review of recent flashpoints in tribal law, such as internal tribal political matters, including intractable citizenship and election disputes enhanced criminal jurisdiction over nonmembers and non-Indians tribal constitutional reform, including a case study on the White Earth Nation Cases and material reflecting a wide range of American Indian tribes and legal issues Excerpts and commentary from a wellspring of current scholarship

""This book is a lively and accessible account of the remarkably complex legal and political situation of American Indian tribes and tribal citizens (who are also U.S. citizens) David E. Wilkins and Heidi Kiiwetinepinesiik Stark have provided the g̀o-to' source for a clear yet detailed and sophisticated introduction to tribal soverignty and federal Indian policy. It is a valuable resource both for readers unfamiliar with the subject matter and for readers in Native American studies and related fields, who will appreciate the insightful and original scholarly analysis of the authors."--Thomas Biolsi, University of California at Berkeley" ""American Indian Politics and the American Political System is simply an indispensable compendium of fact and reason on the historical and modern landscape of American Indian law and policy. No teacher or student of American Indian studies, no policymaker in American Indian policy, and no observer of American Indian history and law should do without this book. There is nothing in the field remotely as comprehensive, usable, and balanced as Wilkins and Stark's work."--Matthew L.M. Fletcher, director of the Indigenous Law and Policy Center at Michigan State University College of Law" ""Wilkins has written the first general study of contemporary Indians in the United States from the disciplinary standpoint of political science. His inclusion of legal matters results in sophisticated treatment of many contemporary issues involving Native American governments and the government of the United States and gives readers a good background for understanding other questions. The writing is clear-not a minor matter in such a complex subject--and short case histories are presented, plus links (including websites) to many sources of information."--Choice

Over the past twenty years, American Indian policy has shifted from self-determination to “Forced Federalism” as indigenous nations in the United States have encountered new threats from state and local tribes over such issues as taxation, gaming, and homeland security. This book demonstrates how today's indigenous nations have taken unprecedented steps to reorient themselves politically in response to such challenges to their sovereignty.