Native American Studies

The Tribal Law and Order Act of 2010 (TLOA; P.L. 111-211, 124 Stat. 2258, Section 251(b)) requires the Bureau of Justice Statistics to establish and implement a tribal data collection system and to support tribal participation in national records and information systems. This page serves as a data repository, ensuring these Indian country justice statistics are easily located and accessible from a central source.

In carrying out EPA’s responsibilities on Indian reservations, the fundamental objective of the Agency is to protect human health and the environment. The keynote of this effort will be to give special consideration to Tribal interests in making Agency policy, and to insure the close involvement of Tribal Governments in making decisions and managing environmental programs affecting reservation lands.

This website, hosted by the Bureau of Indian Affairs, provides a brief overview of the history of Federal Indian policy. Indian policy is typically divided into different eras, based on different ideological perspectives on Indigenous peoples.

Financial Assistance and Social Services (FASS) consist of direct funding and activities related to financial assistance, including general assistance, child assistance, burial assistance, emergency assistance, and adult care assistance; social services, including services to children, the elderly, and families; and child and adult protection services provided by the Bureau of Indian Affairs. This program provides assistance to American Indians and Alaska Natives who have no access to Temporary Assistance to Needy Families (TANF), do not meet eligibility criteria for TANF, or have exceeded the lifetime limit for TANF services. The services under this section are designed to be secondary in nature.

An overview of the Indian Child Welfare Act, providing information about the act and for people who are dealing with legal issues related to child welfare. The purpose of the Indian Child Welfare Act (ICWA) is "...to protect the best interest of Indian Children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children and placement of such children in homes which will reflect the unique values of Indian culture... "(25 U.S. C. 1902). ICWA provides guidance to States regarding the handling of child abuse and neglect and adoption cases involving Native children and sets minimum standards for the handling of these cases.

This website hosts the text of the Indian Gaming Regulatory Act (IGRA) of 1988, established and regulated gaming on Indian lands. The website is hosted by National Indian Gaming Commission, the federal organization which authorizes and regulates Indian gaming. The website also hosts a large amount of legal information regarding the state of Indian gaming.

This website, published by the National Agricultural Law Center of the University of Arkansas, focuses on issues related to Native American agriculture, environmental protections, and foodways. It includes links to all laws that are relevant to American Indian agriculture. It also includes resources from various government resources and other academic resources.

Launched in September 2012, the free Indigenous Governance Database (IGD) features online educational and informational resources on tribal self-governance and tribal policy reform. This includes information such as recorded seminars, information on contemporary tribal leadership, and research on the state of Native Nations. The IGD includes the Constitutions Resource Center (CRC) that brings together research on Indigenous constitutions.

A libguide providing an overview of the legal system of the Navajo Nation from the University of Arizona Law School. This website provides an overview of the three branches of the Navajo Nation's government (executive, legislative, and judicial) as well as information about the Navajo Tribal Code, case law, legal procedures, and treaties. The website also includes an infographic describing how to conduct legal research.

NOTE: Because this is a libguide from another institution, we may not have many of the same print resources. It is important to double check whether or not we have those resources at our institution using the San Juan College library website.

The Marshall Trilogy were a series of three major supreme court cases that took place during the 1820s/30s. These cases (named after the supreme court chief justice John Marshall) create the basis of the federal government's relationship with Native tribes. The first case, Johnson v. M’Intosh of 1823, clarified that the federal government held all Indigenous land in trust and that the native tribes had a right to occupancy, not ownership. The second case, Cherokee Nation v. Georgia of 1831, clarified that tribes were not separate nations, but rather sovereign, domestic, wards, which could run their own affairs, but were ultimately subordinate to federal authority. The third case, Worcester v. Georgia of 1832, described how tribal sovereignty supersedes state sovereignty, and that state laws do not apply on tribal land.

The National Indian Law Library is a database hosted by the National Indian Rights Fund, focusing on issues of Indian Law. This includes information federal Indian policy including original court documents, laws ,and summaries of legal decisions. The database includes information about tribal codes, Constitutions, and court decisions.

The National Native American Bar Association serves as the national association for American Indian, Alaska Native, and Native Hawaiian attorneys, judges, law professors and law students. NNABA strives for justice and effective legal representation for all American indigenous peoples; fosters the development of Native American lawyers and judges; and addresses social, cultural, and legal issues affecting American Indians, Alaska Natives, and Native Hawaiians.

The Native American Graves Repatriation and Protection Act (NAGPRA) is a landmark act enacted in 1990, which is designed to protect Native American grave sites and facilitate the return of Native American skeletal remains (among other objects) back to tribes. This website, hosted by the National Parks Service, describes what NAGPRA is, outlines the enforcement of the act, and describes who/what is under NAGPRA's jurisdiction.

The Senate Committee on Indian Affairs is a committee of the U.S. Senate. The Committee has jurisdiction to study the unique problems of American Indian, Native Hawaiian, and Alaska Native peoples and to propose legislation to alleviate these difficulties. These issues include, but are not limited to, Indian education, economic development, land management, trust responsibilities, health care, and claims against the United States. Additionally, all legislation proposed by Members of the Senate that specifically pertains to American Indians, Native Hawaiians, or Alaska Natives is under the jurisdiction of the Committee. This website includes all information about the committee and current bills proposed relating to Indigenous peoples in the U.S.

The American Indian Law Clinic, established in 1992 is dedicated to advocating for Indigenous individuals, Native Nations, and Tribal entities. The organization specializes in federal Indian law, Tribal law, and international engagements, including collaborations on global Indigenous rights initiatives brought before the United Nations. Guided by principles of self-determination and sovereignty, their mission is to uphold Indigenous rights through rigorous advocacy and client-centered legal representation.

Diné be’iiná Náhiiłna be Agha’diit’ahii or DNA People's Legal Services, is a non-profit law firm committed to providing high quality legal services to persons living in poverty on the Navajo, Hopi and Jicarilla Apache Reservations, and in parts of Northern Arizona, Northwest New Mexico, and Southern Utah. They provide legal assistance, advice and representation in U.S. and tribal courts, promotes tribal sovereignty, and offer community education programs that promote greater understanding of the law. Since 1967, DNA’s services have helped people living in poverty use existing policies and laws to protect their property and assets, stay safe from physical, mental and financial abuse, avoid exploitation and safeguard their civil rights.

This website, provided by the Native American Rights Fund's National Indian Law Library, provides an overview of the various types of legal services that are available to Indigenous peoples. These include lawyers/law firms, legal aid, and Indian Law Clinics. NARF includes links to various legal organizations who are partially or wholly focused on Native peoples. Several links are also recreated in this libguide.

The Indian Law Resource Center is a non-profit law and advocacy organization established and directed by American Indians. We provide legal assistance to Indian and Alaska Native nations who are working to protect their lands, resources, human rights, environment and cultural heritage. Our principal goal is the preservation and well-being of Indian and other Native nations and tribes. The Indian Law Resource Center seeks to overcome the grave problems that threaten Native peoples by advancing the rule of law, by establishing national and international legal standards that preserve their human rights and dignity, and by challenging the governments of the world to accord justice and equality before the law to all indigenous peoples of the Americas.

The Indian Law Section is a section of the Federal Bar Association, which focuses on tribal law. The section helps provide knowledge, information, strategies and tools for lawyers in order to advocate for positive outcomes for all of Indian Country. The organization does this through publications and conferences.

The Indian Law Section seeks to provide support, information and education for New Mexico attorneys practicing in areas that are impacted by the specialized legal rules and doctrines applicable to Indian tribes, individuals and property. Among the Section’s activities are providing continuing legal education, outreach resources and events to potential law students. scholarships, and newsletters.

The Indian Legal Clinic provides law students with the unique opportunity to represent Native American and Alaska Native clients in various civil and criminal matters in Tribal, state, and federal courts. Participating in the Clinic allows students to become intimately familiar with Tribal Law and Federal Indian Law, as well as gain meaningful exposure to a variety of legal matters while providing high-quality legal services to Indian Country and the local urban Indian population. Clinic students routinely handle criminal matters in Tribal courts, represent clients in a variety of legal matters, and assist in Tribal legal development projects such as Tribal code drafting for Tribal governments and Tribal court rule drafting for Tribal courts. Additionally, the Clinic frequently represents individual Tribal members in civil actions, and devotes significant attention to federal policy issues affecting Tribes, such as federal recognition and voting rights.

The Indigenous peoples Law and Policy Program at University of Arizona provides students with unparalleled clinical opportunities. The university offers three year-round faculty-led clinics focused on working with tribes and Indigenous communities across the world. Students get the opportunity to work closely with tribal leaders, institutions, and courts to promote justice in Indian country and work on a wide range of Indigenous human rights advocacy projects in the United Nations and other international human rights bodies.

The National Indian Justice Center, Inc., (NIJC) is an Indian owned and operated non-profit corporation with principal offices in Santa Rosa, California. NIJC was established in 1983 through the collective efforts of the National American Indian Court Judges Association, the American Indian Lawyer Training Program, and the Bureau of Indian Affairs in order to establish an independent national resource for Native communities and tribal government. The goals of NIJC are to design and deliver legal education, research, and technical assistance programs which seek to improve the quality of life for Native communities and the administration of justice in Indian country.

Founded in 2007, the Native American Bar Association of Arizona (NABA-AZ) is a nonprofit organization created to advance and improve the practice of Indian law and promote the professional development of its members. NABA-AZ members include Native American and non-Native American attorneys, law students, advocates and other legal professionals.

Disabled people can face a myriad of legal issues related to accommodations and tribal law. The Native American Disability Law Center was established to provide legal support for Native Americans who are struggling with issues related to their disabilities or treatment. The organization also provides information to Native Americans about their rights.

The Native American Rights Fund (NARF) is an organization which provides legal assistance to Native American tribes, organizations, and individuals nationwide who might otherwise have gone without adequate representation. NARF has successfully asserted and defended the most important rights of Indians and tribes in hundreds of major cases, and has achieved significant results in such critical areas as tribal sovereignty, treaty rights, natural resource protection, voting rights, and Indian education.

The Navajo Nation Bar Association is a professional association of lawyers on the Navajo Nation. The website includes information about Navajo Nation laws/statutes, information on Navajo Fundamental laws, attorney listings, and information about forms and a listing of attorneys on the Navajo nation.

An overview of several significant legal issues facing Native peoples and the next steps one should take to deal with those issues. Issues include, how to find legal help, tracing your family's ancestry, enrolling as a tribal member, family welfare, rights for Native American inmates, and the right to wear eagle feathers at graduation.

In the Southwest Indian Law Clinic (SILC), student attorneys represent Native clients in state, federal, and tribal courts and in governmental agency hearings. Students also have the opportunity to work with tribes, pueblos, and organizations serving the Native American community. SILC faculty emphasize community involvement and sensitivity, collaborative lawyering, and multi-disciplinary problem solving. Indian Law is a prerequisite for the Southwest Indian Law Clinic. SILC is a required component of the Indian Law Certificate Program.

An overview of providers at the national and state levels that offer free or low-cost legal help to those in need. This might be a self-help center at a law school or courthouse where law students can help you fill out legal forms or a lawyer referral service through your local bar association. Or it may be a free consultation with a lawyer to help sort out your legal problems and plot a course forward. Sometimes, these organizations even work with highly reputable law firms, offering their attorneys pro bono (no cost) legal help.

When Congress amended the American Indian Probate Reform Act (AIPRA) in 2008, it drastically curtailed the way that tribal members’ trust lands are distributed to their families after death. Thus, it is vitally important for tribal members to have wills. Yet there are very few lawyers available on the reservations, and very few lawyers who understand the complexities of AIPRA. The Tribal Wills Project at the University of Denver Sturm College of Law was created to help tribal members write much needed wills, medical powers of attorney, living wills, and memorial instructions.