The subject matter of this Restatement predates the birth of our nation. Some of the most important early decisions of the Supreme Court of the United States, including ones authored by Chief Justice John Marshall, deal with the Law of American Indians. And tribes, along with the federal government and the states, are one of the three categories of sovereigns in the United States. (Excerpted from the Forward of Tentative Draft No. 1 by ALI Director Richard L. Revesz)
This field is so informed by history, probably more than any other in some ways. … Certainly in the field of Indian affairs, a lot of damage has been done in the past, and there are a lot of challenges for the future just to get things right from the perspective of those of us who believe that tribes should have a voice in this society, and that there are good rules to help bolster that voice. (Excerpted from an interview with Associate Reporter Kaighn Smith)
A significant portion of Chapter 1 (Federal-Tribal Relationships) has been approved by ALI’s membership. This chapter contains General Terms, Federal–Tribal Relationship, American Indian Treaty Law, Federal Legislation, and Breach of Trust Claims.
Additional planned chapters:
- Chapter 2 will focus on the powers of Indian tribes, including the power to determine what form of government tribes will develop, to determine the criteria for membership in the tribe, and also to legislate with respect to a wide variety of matters like taxation.
- Chapter 3 will address tribal-state relations.
- Chapter 4 is going to address two aspects of economic development in Indian country; tribes as economic actors, and tribes as economic regulators.
- Chapter 5 will address an issue that is at the forefront in Indian law policy right now – Indian country criminal jurisdiction.
Matthew Fletcher of Michigan State University College of Law shares his list of the top 10 American Indian Law Cases of 2019.
On Nov. 20, 2019 Iowa Senator Joni Ernst introduced a version of the Violence against Women Act bill that she sponsored.
On Oct. 31, the Office of Michigan Governor Gretchen Whitmer issued a press release announcing that during a summit of Michigan’s tribal leaders, Governor Whitmer signed Executive Directive 2019-17 in order to strengthen tribal-sate relations.
An article for Law360 details the difficulties that law enforcement agencies face in attempting to regulate and ensure public safety in Indian Country, an area of jurisdiction which includes the United States’ 300 reservations as well as other tribal lands.
This Article highlights the contributions that Judge Diana Murphy made to federal Indian law jurisprudence and its real world impact.