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American Indian Law Deskbook, Third Edition

Conference of Western Attorneys General

Publication Year: 2004

"CWAG's American Indian Law Deskbook has quickly become one of the most authoritative and up-to-date works in the field, and CWAG has dutifully published yearly supplements. . . . the most thorough survey available of the legal relationship between tribes, states, and the federal government."—Nathan Brooks, The Federal Lawyer

"Straightforward, clear, and remarkably free of legal terms. . . . Students and practitioners of law and American Indian history, cultures, and contemporary issues; tribal officials; people who need quick, reliable, and basic information (e.g., journalists, legislators); and laywers . . . will find this resource useful. It is appropriate for academic, legal, and public libraries."—Karen D. Harvey, American Reference Books Annual

"This is a necessary reference book for any serious student of American Indian law and policy. Given the expanding interest in the field of American Indian history, the publication of books focused on American Indian law cases, and late-twentieth-century issues such as gambling and family law, this book should be at hand for any reader of the literature."—Gordon Morris Bakken, Montana: The Magazine of Western History

The American Indian Law Deskbook, Third Edition, is an up-to-date, comprehensive treatise on Indian law, providing readers with the necessary historical and legal framework to understand the complexities faced by states, Indian tribes, and the federal government in Indian country. Thorough, scholarly, and balanced, The American Indian Law Deskbook, Third Edition, is an invaluable reference for a wide range of people working with Indian tribes, including attorneys and legal scholars, government officials, social workers, state and tribal jurists, and historians. This revised edition includes information from court decisions, federal statutes, and administrative regulations through June 2003 as well as law review articles through the Spring of 2003.

Published by: University Press of Colorado

Title Page

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pp. v-xv

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Foreword to Third Edition

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pp. xvii-xviii

Since publication of the second edition of the American Indian Law Deskbook, the field of Indian law has developed significantly, most notably in the areas of tribal lands acquisitions, tribal gaming, child custody, and contested sovereignty matters. As with the first edition, the Conference of Western Attorneys General ...

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Foreword to Second Edition

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pp. xix-xx

As former North Dakota Attorney General Nicholas Spaeth wrote in the Foreword to the first edition of American Indian Law Deskbook, the objective of the Conference of Western Attorneys General has been to present a comprehensive and objective treatise in a difficult and controversial area. ...

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Foreword to First Edition

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pp. xxi-xxiii

The United States' romance with the West and its historical development have been chronicled in countless books and films. A central theme is often the relationship between white settlers and Indians and Indian tribes. This part of the romance is much more than pure nostalgia. ...

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Chapter 1 - Federal Indian Law Policy: Origins and Legal Development

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pp. 1-37

Article I, section 8, clause 3 of the United States Constitution empowers Congress "[t]o regulate commerce . . . with the Indian tribes." The effect of the Indian Commerce Clause is to make "Indian relations . . . the exclusive province of federal law."1 For much of the first century of the nation's history, ...

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Chapter 2 - Indian, Indian Tribe, and Indian Country

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pp. 38-59

Fundamental to virtually all analysis of Indian law is an understanding of the terms "Indian," "Indian tribe," and "Indian country." For criminal law purposes, the existence of federal, state, or tribal jurisdiction over alleged unlawful conduct will depend on the place of the crime - i.e., ...

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Chapter 3 - Indian Land and Property: Title and Use

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pp. 60-109

Land occupancy and ownership issues have been a central concern of Indian law since the nation's founding. Beginning with the first Trade and Intercourse Act in 1790,1 statutory restraints have limited the ability of tribes to alienate land. In Johnson v. McIntosh,2 Chief Justice Marshall established ...

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Chapter 4 - Criminal Law

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pp. 110-135

Criminal jurisdiction in Indian country is relatively settled. As a general matter, federal statutes look to the nature of the offense, the location of the offense, and the Indian or non-Indian status of the offender and victim in allocating criminal jurisdiction among federal, state, and tribal authoritiess. In a number ...

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Chapter 5 - General Civil Regulatory Jurisdiction

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pp. 136-175

Among the most difficult and recurring issues in Indian law is the scope of federal, tribal, and state civil regulatory authority in Indian country. Since Worcester v. Georgia,1 the Supreme Court has labored to articulate general principles to resolve these issues, but even today there remain significant ...

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Chapter 6 - Civil-Adjudicatory Jurisdiction

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pp. 176-228

Courts adjudicating civil matters connected with Indian country must make the threshold decision of whether subject matter jurisdiction exists or, in the case of federal courts, whether it should be exercised even when present. The core issues involve the standards of review applicable in federal court ...

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Chapter 7 - Tribal Sovereign Immunity and the Indian Civil Rights Act

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pp. 229-258

Indian tribes are unique political entities, and the relation between a tribe and the United States is "perhaps unlike that of any other two people in existence."1 They are not foreign nations separate and apart from the United States; instead they are "domestic dependent nations"2 located within ...

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Chapter 8 - Indian Reserved Water Rights

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pp. 259-306

Most of the treaties and executive orders that set aside land for Indian reservations do not have express provisions addressing water rights. Nevertheless, courts, with few exceptions, have found that there is an implied federal water right sufficient to fulfill the purposes of each reservation.1 ...

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Chapter 9 - Fish and Wildlife Regulation

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pp. 307-341

Indian hunting and fishing issues arise in a wide variety of contexts. Individual tribal members take fish and wildlife inside and outside Indian reservation boundaries, often raising questions of whether state, tribal, and federal laws apply to their actions. Nonmembers also take fish and wildlife in a variety of ...

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Chapter 10 - Environmental Regulation

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pp. 342-378

Beginning with the Clean Air Act (CAA)1 in 1963, Congress enacted a series of comprehensive statutes designed to clean up and protect the environment. Environmental statutes administered by the United States Environmental Protection Agency (EPA) include the Federal Water Pollution Control Act, ...

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Chapter 11 - Taxation in Indian Country

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pp. 379-415

Taxation has been a frequent source of controversy between states and Indian tribes. Freedom of a sovereign government from taxation by another sovereign has been recognized as an important aspect of our federal system,1 and this concept has been extended to activities of Indian tribes ...

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Chapter 12 - Indian Lands Gaming

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pp. 416-462

No other economic activity undertaken by Indian tribes has been as far-reaching and important as tribal gaming, starting in earnest during the early 1990s and expanding continuously since then. Unsurprisingly, this gaming explosion has spawned a significant level of litigation and regulatory controversy ...

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Chapter 13 - Indian Child Welfare Act

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pp. 463-499

The Indian Child Welfare Act of 1978 (ICWA)1 was enacted in response to what was characterized as "[t]he wholesale separation of Indian children from their families" through various methods of state court voluntary or involuntary termination of parental rights or other removal of Indian children ...

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Chapter 14 - State-Tribal Cooperative Agreements

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pp. 500-532

States and tribes share adjacent lands, resources, and citizens, while jurisdictional rules are often not clearly established under federal law. This situation has historically created conflict and uncertainty, often leading to expensive and lengthy litigation. Meanwhile, as tribes acquire land and engage in economic ...

Table of Cases

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pp. 533-572

Table of Statutes and Codes

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pp. 573-584


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pp. 585-600


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pp. 601-634

E-ISBN-13: 9780870818387
E-ISBN-10: 0870818384
Print-ISBN-13: 9780870817564
Print-ISBN-10: 0870817566

Page Count: 656
Publication Year: 2004