August is American Indian Heritage Month.  Tribal laws coexist with federal law in interesting ways, not only in criminal matters, but also in terms of gaming law, gas and oil law, and tax law.  Below are resources for further exploration of Native American law and its relation to federal law.

Westlaw

• Federal Native American Treaties (Database FNAM-TREATIES)

This database contains full-text treaties between Native American tribes and the United States federal government back to 1797.

• Westlaw Topical Highlights – Native American Law (Database WTH-NAM)

Coverage of recent government actions that affect Native Americans is included in this database. It includes tribal, state and federal courts; legislation on the state and federal level, and administrative agency actions.

• Native American Law – Law Reviews, Texts and Bar Journals (Database NAM-TP)

This handy resource pulls together not only law review articles, but CLE handbooks, encyclopedias, and legal periodicals as well.

Lexis

• American Indian Law Review (Library/File Location LAWREV/AMILR)

This law review dedicates itself to Native American law, and especially encourages differing viewpoints on issues.

• MH Legal Articles – Native American (Library/File Location MARHUB/ARTNAM)

This database is the Lexis counterpart to Westlaw’s Topical Highlights for Native American law above.

Books/Periodicals

• An Introduction to Tribal Legal Studies by Justin Richland and Sarah Deer (ISBN 0759105782)

Richland and Deer provide an extensive overview of tribal law, from its origins in oral tradition, to the current state of tribal courts.  It also covers such federal government legislation as the Indian Child Welfare Act and the Indian Civil Rights Act.  Lastly, it dives into the issues surrounding the interweaving of Native American and federal law.

• Tribal Contracting: Understanding and Drafting Business Contracts with American Indian Tribes by M. Brent Leonhard (ISBN 9781604426083)

Leonhard explains the underpinnings of tribal economies and then addresses the many areas of federal law that intersect with tribal contracting law.

• Indian Gaming and Tribal Sovereignty: The Casino Compromise by Steven Light and Kathryn Rand (ISBN 0700614060)

As casinos on Indian reservations become more popular, the cost-benefit analysis becomes more important for all stakeholders.  Light and Rand cover the legislation that allows tribes the sovereignty to build casinos, and offer policy recommendations at all levels of government.

Websites of Interest

• US DOJ Office of Tribal Justice (http://www.justice.gov/otj/index.html)

The Justice Department’s main point of contact for federally recognized tribes, the Office of Tribal Justice website includes links to pressing issues like methamphetamine prosecution, gaming, and civil rights.

• National Native American Bar Association (http://www.nyulawglobal.org/Globalex/Religious_Legal_Systems1.htm)

Some of the efforts of this organization are: instituting tribal law on state bar exams and in law school curricula; increasing the number of Native American law students and judges; and bringing more large law firms to the table to represent tribes on a pro bono basis.

• Indian Law Resource Center (http://www.indianlaw.org/)

This website on Native American legal issues includes their work on matters like: ending violence against Native American women; the UN Declaration on the Rights of Indigenous Peoples; and environmental protection in terms of tribal land law.

Research Guides from the National Indian Law Library (NARF), provided by David Selden of NARF

• How to Find Tribal Law: Codes and Ordinances
• How to Find Tribal Law: Constitutions
• How to Find Tribal Court Opinions
• Online Research Guides by Topic
• Tribal Law
• Federal Indian Law

Join me in celebrating American Indian Heritage Month.

 Jennifer Dismukes Vail
Diversity Committee Chair, SLA Legal Division

From the Editor’s Notes:

In this post-conference summer issue of the Legal Division Quarterly, you will find highlights and reviews of the Legal Division’s 2011 programming. The annual travel grant recipients, Joanne Kiley, Amy Levine, and Laura Woods, have also provided articles. Also, don’t miss the article from the Legal Division and European Chapter’s co-sponsored Early Career Conference Award Winner (ECCA), Sam Wiggins.

In addition to the LDQ’s successful recurring columns, “Water Cooler,” “Letter from Australia,” and “Full Disclosure,” Chair Elect Tracy Maleeff is resurrecting the “Canadian Corner” column. She’s sending out the call to the Division’s Canadian members to contribute to the column.

Liz Polly, Editor