The Law of American Indians Posts

The Other American Law

This Article brings to the fore the exclusion of tribal governments and their laws from our mainstream conception of “American law” and identifies this exclusion as both an inconsistent omission and a missed opportunity.

Native Youth Navigate Complex, Contradictory Jurisdictions

Unlike other children, Native American children can be tried and sentenced in tribal, state or federal justice systems. Once they make contact with the justice system, Native youth face unique complications that many don’t understand[.]

Pandemics and Inherent Tribal Powers

This short essay argues for tribal regulatory powers over nonmembers in Indian country during a pandemic. This should be an easy argument, but federal Indian law makes it more complicated than it should be.

Tribal Economic Development – Indian Gaming

The following text is excerpted from Restatement of the Law, The Law of American Indians, Tentative Draft No. 4, Chapter. 4. Tribal Economic Development. The video included with this post provides an overview of the entire draft.

Savanna’s Act and Not Invisible Act Pass Senate

U.S. Senators Lisa Murkowski (Alaska), Tom Udall (New Mexico), and Catherine Cortez Masto (Nevada), applauded the unanimous passage of two bills — directed to addressing the crisis of missing and murdered Indigenous women — in the Senate on Wednesday, March 11.