The Law of American Indians Posts

Federal Indian Law: Taking Account of the Lessons of History

It’s highly appropriate for The American Law Institute to take on federal Indian law; it is fundamental to who we are as a nation. The history of federal Indian law reflects the country coming to grips with its colonization of indigenous peoples. The process has gone on now for a long time, obviously, and in the early stages, the state of the law was dismal from a human rights standpoint.

Navajo Sign Law Criminalizing Human Trafficking

Navajo President Russell Begaye on August 7 signed the Navajo Nation Law against Human Trafficking, signaling his commitment to take a stance against an international crime that targets some of the world’s most vulnerable populations. The law, which amends the tribe’s criminal code, also calls for cooperation among government and civil institutions to define, prevent and combat the illegal “transporting, trading or dealing” of people.

Ninth Circuit Allows Bishop Paiute Law Enforcement Case to Proceed

The Bishop Paiute Tribe (the “Tribe”) seeks a declaration that they have the right to “investigate violations of tribal, state, and federal law, detain, and transport or deliver a non-Indian violator [encountered on the reservation] to the proper authorities.” Before reaching this issue, the district court dismissed the case on jurisdictional grounds, concluding that the case presents no actual case or controversy.

The Master’s Tools: Tribal Sovereignty and Tribal Self-Governance Contracting/Compacting

Tribal self-governance contracting/compacting has significantly raised American Indian and Alaska Native (AI/AN) health outcomes, standards of living, and education rates across tribal backgrounds. However, whether the Indian Self-Determination and Education Assistance Act (ISDEAA) of 1975 empowers tribal sovereignty remains an open question—a question with important policy implications for tribal governments.