The Law of American Indians Posts

The Indian Child Welfare Act and Similar State Laws

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Tentative Draft No. 3 Restatement of the Law, The Law of American Indians will be presented to membership at ALI’s 96th Annual Meeting. The following entry is the Introductory Note to Chapter 3, Subchapter 2 on the Indian Child Welfare Act and Similar State Laws included in the draft.

Criminal Justice in Indian Country: A Theoretical and Empirical Agenda


Examinations of the Native American experience in the US criminal justice system are still relatively sparse, despite earlier calls for increased attention to Native American crime and justice issues. This is unfortunate, as Native Americans are unique among all groups in US society and face distinctive criminal justice jurisdictional complexities.

Argument Analysis: Justices Grapple With Preclusion and “Occupation” in Crow Tribe Treaty Case

On Tuesday, the Supreme Court heard argument in its latest foray into Indian treaty interpretation, Herrera v. Wyoming. The case concerns the persistence of the Crow Tribe’s hunting right in the 1868 Second Treaty of Fort Laramie. In an occasionally meandering argument, the Supreme Court repeatedly circled the three issues at the core of the case: issue preclusion, the implications of the court’s holding in its 1999 decision in Minnesota v. Mille Lacs Band of Chippewa Indians, and the meaning of the treaty term “unoccupied.”