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.
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.
The following text is excerpted from Restatement of the Law, The Law of American Indians, Tentative Draft No. 4, Chapter. 4. Tribal Economic Development
Argument Analysis: For the Second Time in Two Terms, Justices Consider Reservation Status of Eastern Oklahoma
McGirt v. Oklahoma asks whether the eastern half of Oklahoma is an Indian reservation, exempt in important ways from the control of state and local authorities.
Argument Preview: Justices to Hear Second Set of Arguments on Reservation Status of Eastern Oklahoma
McGirt v. Oklahoma will bring the justices a pronounced sense of déjà vu, as they hear argument for the second time in two years about whether the eastern half of Oklahoma is an Indian reservation.
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.