Literary Nonfiction. Native American Studies. Edited by Kristen A. Carpenter, Matthew L.M. Fletcher, and Angela R. Riley. Congress passed the Indian Civil Rights Act of 1968 (ICRA) to address civil rights in Indian country. ICRA extended select, tailored provisions of the Bill of Rights--including equal protection, due process, free speech and religious exercise, criminal procedure, and property rights--to tribal governments. But, with the exception of the writ of habeas corpus, Congress did not establish a federal enforcement mechanism for violations of the Act, nor did it abrogate tribal sovereign immunity. Thus, ICRA has been interpreted and enforced almost exclusively by Indian tribes and their courts. This collection of essays, gathered on the fortieth anniversary of ICRA, provides for the first time a summary and critical analysis of how Indian tribes interpret and apply these important civil rights provisions in our contemporary world. The authors have found that, while informed by ICRA and the dominant society's conception of individual rights, Indian nations are ultimately adapting and interpreting ICRA in ways consistent with their own tribal traditions and beliefs. In some respects, ICRA parallels the broader experiences of tribes over the past forty years--a period of growth, revitalization, and self-determination for many Indian nations.

Individual demands for equality and civil rights are central themes in U.S. history and American Indian people are no exception. They have had to deal with white racism and its expression in local and national political institutions while trying to define the rights of individual Indians vis-á-vis their own tribal governments. The struggle has made their civil rights movement unique. This encyclopedia, designed to meet the curriculum needs of high school and college students, provides the most comprehensive, up-to-date coverage of American Indian civil rights issues. More than 600 entries cover a variety of perspectives, issues, individuals, incidents, and court cases central to an understanding of the history of civil rights among American Indian peoples. The issue is a complicated one, expanding over a period of more than a century. The history of American Indian civil rights can be traced not only in the courts and the federal legislation, but on the battlefield where a number of civil rights protests have been fought. This encyclopedia clarifies the complicated history of individual rights, water rights, land rights, and other issues in American Indian civil rights. It is thoroughly cross-referenced for ease of use in tracing any particular issue or incident. Each entry is followed by a list of works for further reading on the topic. An appendix of entries on landmark court cases is organized by issue. A selection of photos complements the text. This work is a one-stop source for up-to-date information on all aspects of American Indian civil rights and is essential for high school, public, and university libraries.

Created by the California Research Bureau at the request of Senator John L. Burton, this Web-site is a PDF document on early California laws and policies related to the Indians of the state and focuses on the years 1850-1861. Visitors are invited to explore such topics as loss of lands and cultures, the governors and the militia, reports on the Mendocino War, absence of legal rights, and vagrancy and punishment.

Nearly every American Indian tribe has its own laws and courts. Taken together, these courts decide thousands of cases. Many span the full panoply of law—from criminal, civil, and probate cases, to divorce and environmental disputes. American Indian Tribal Law, now in its Second Edition, surveys the full spectrum of tribal justice systems. With cases, notes, and historical context, this text is ideal for courses on American Indian Law or Tribal Governments—and an essential orientation to legal practice within tribal jurisdictions. New to the Second Edition: A new chapter on professional responsibility and the regulation of lawyers in tribal jurisdictions Enhanced materials on Indian child welfare Additional materials on tribal laws that incorporate Indigenous language and culture Additional examples from tribal justice systems and practice Recent and noteworthy cases from tribal courts Professors and students will benefit from: A broad survey of dispute resolution systems within tribal jurisdictions A review of recent flashpoints in tribal law, such as internal tribal political matters, including intractable citizenship and election disputes enhanced criminal jurisdiction over nonmembers and non-Indians tribal constitutional reform, including a case study on the White Earth Nation Cases and material reflecting a wide range of American Indian tribes and legal issues Excerpts and commentary from a wellspring of current scholarship