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.
An article for Law360 Access to Justice addresses the often extreme circumstances, and vast distances, indigenous victims, defendants and witnesses must traverse in order to testify in court.
An article for Law360 Access to Justice details the complicated maze indigenous women must navigate in order to obtain legal protection when faced with domestic and sexual violence.
The 16th Annual Indigenous Law and Policy Center and Tribal In-House Counsel Association Indigenous Law Conference, hosted by Michigan State University College of Law, will take place October 10-11, 2019 (With pre-conference activities on October 9).
This talk will explain the elements, or factors, that make up this international law and argue that the Doctrine of Discovery morphed into “American Manifest Destiny” and was used, and is still being used today, to justify the United States’ acquisition of the lands and assets of the Indian Nations and peoples.
The Fifth Circuit overturned the Northern District of Texas today with strong language supporting ICWA. The Court found that the plaintiffs did have standing, but found against them on all other counts. There is a dissent forthcoming from Judge Owens.