Restatement of the Law,

The Law of American Indians

This work covers the foundational principles of American Indian law. Comprehensive in scope, it provides descriptions of fundamental terms and addresses Indian statutes and treaties, tribal governance, the federal–tribal relationship, and Congressional powers over Indian affairs.

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  •  
    Tentative Draft No. 1
    Tentative Draft No. 1
    190 pages, 2015, #1RLAITD1

    Foreword

    Reporters’ Memorandum

    Chapter 1 - Federal–Tribal Relations 

    Reporters’ Introduction

         Note on the Foundational Principles of Federal Indian Law

         Historical Note

         Demographic Note

         Note on Leading Secondary Materials

         Note on Indian-Law Terminology

     

    General Terms

    § 1. Indian

    § 2. Indian Tribe

    § 3. Indian Country

    Federal–Tribal Relationship

    §4. General Federal Trust Relationship with Indian Tribes and Individual Indians

     

    American Indian Treaty Law

    § 5. American Indian Treaties

    § 6. Canons of Construction of Indian Treaties 

    Federal Legislation

    § 7. Congressional Authority

    § 8. Canon of Construction of Indian-Affairs Statutes

    § 9. Political-Status Classification

    Breach-Of-Trust Claims

    § 10. Suits by Indians and Tribes Against the United States

    Appendix. Black Letter of Tentative Draft No. 1

    This draft covers Chapter 1, Sections 1 thru 10: General Terms, the Federal-Tribal Relationship, American Indian Treaty Law, Federal Legislation, and Breach-of Trust Claims. Sections 1 thru 9 of Chapter 1 were approved by the membership at the 2015 Annual Meeting, subject to discussion at the meeting and to editorial prerogative. This approved material may be cited as representing the Institute’s position until the official text is published.

    190 pages, 2015, #1RLAITD1E

    Foreword

    Reporters’ Memorandum

    Chapter 1 - Federal–Tribal Relations 

    Reporters’ Introduction

         Note on the Foundational Principles of Federal Indian Law

         Historical Note

         Demographic Note

         Note on Leading Secondary Materials

         Note on Indian-Law Terminology

     

    General Terms

    § 1. Indian

    § 2. Indian Tribe

    § 3. Indian Country

    Federal–Tribal Relationship

    §4. General Federal Trust Relationship with Indian Tribes and Individual Indians

     

    American Indian Treaty Law

    § 5. American Indian Treaties

    § 6. Canons of Construction of Indian Treaties 

    Federal Legislation

    § 7. Congressional Authority

    § 8. Canon of Construction of Indian-Affairs Statutes

    § 9. Political-Status Classification

    Breach-Of-Trust Claims

    § 10. Suits by Indians and Tribes Against the United States

    Appendix. Black Letter of Tentative Draft No. 1

    This draft covers Chapter 1, Sections 1 thru 10: General Terms, the Federal–Tribal Relationship, American Indian Treaty Law, Federal Legislation, and Breach-of-Trust Claims. Sections 1 thru 9 of Chapter 1 were approved by the membership at the 2015 Annual Meeting, subject to discussion at the meeting and to editorial prerogative. This approved material may be cited as representing the Institute’s position until the official text is published.

     
  •  
    Discussion Draft No. 2
    Discussion Draft No. 2
    232 pages, 2014, #1R3LAIDD2

    Softbound  | 1R3LAIDD2  | 2014  | 232 pages  | $35.00

    Foreword
    Reporters’ Memorandum
    Draft Outline of Chapter 2 Tribal Governance
    Draft Outline of Chapter 4 Economic Relations

    CHAPTER 1 FEDERAL–TRIBAL RELATIONS

    Introductory Note
    Introduction

    GENERAL TERMS
    § 1. Indian
    § 2 Indian tribe
    § 3 Indian country

    AMERICAN INDIAN TREATY LAW
    § 4. American Indian Treaties
    § 5. Canons of Construction of Indian Treaties

    CONGRESSIONAL AUTHORITY
    § 6. Congressional Legislative Jurisdiction
    § 7. Canon of Construction of Indian Statutes
    § 8. Political-Status Classification

    FEDERAL–TRIBAL TRUST RELATIONSHIP
    § 9. General Federal Trust Relationship with Indian Tribes and Individual Indians
    § 10. Suits by Indians and Tribes Against the United States for Money Damages
    § 11. Suits by Indians and Tribes Against the United States for Equitable and Other  Relief

    MISCELLANEOUS
    § 12. Reservation Boundaries

    Appendix. Black Letter of Discussion Draft No. 2

    This draft includes a comprehensive survey of the history of American Indian law and policy. It was submitted, for discussion only, at the 2014 Annual Meeting. As planned, no vote was taken.

    232 pages, 2014, #1R3LAIDD2E

    Softbound  | 1R3LAIDD2  | 2014  | 232 pages  | $35.00

    Foreword
    Reporters’ Memorandum
    Draft Outline of Chapter 2 Tribal Governance
    Draft Outline of Chapter 4 Economic Relations

    CHAPTER 1 FEDERAL–TRIBAL RELATIONS

    Introductory Note
    Introduction

    GENERAL TERMS
    § 1. Indian
    § 2 Indian tribe
    § 3 Indian country

    AMERICAN INDIAN TREATY LAW
    § 4. American Indian Treaties
    § 5. Canons of Construction of Indian Treaties

    CONGRESSIONAL AUTHORITY
    § 6. Congressional Legislative Jurisdiction
    § 7. Canon of Construction of Indian Statutes
    § 8. Political-Status Classification

    FEDERAL–TRIBAL TRUST RELATIONSHIP
    § 9. General Federal Trust Relationship with Indian Tribes and Individual Indians
    § 10. Suits by Indians and Tribes Against the United States for Money Damages
    § 11. Suits by Indians and Tribes Against the United States for Equitable and Other  Relief

    MISCELLANEOUS
    § 12. Reservation Boundaries

    Appendix. Black Letter of Discussion Draft No. 2

    This draft includes a comprehensive survey of the history of American Indian law and policy. It was submitted, for discussion only, at the 2014 Annual Meeting. As planned, no vote was taken.

     
  •  
    Discussion Draft
    Discussion Draft
    177 pages, 2013, #1R3LAIDD

    Softbound  | 1R3LAIDD  | 2013  | 177 pages  | $30.00

    Foreword
    Reporters’ Memorandum

    CHAPTER 1
    FEDERAL–TRIBAL RELATIONS

    Introductory Note
    § 1. Definitions
    § 2. Congressional Legislative Jurisdiction
    § 3. Federal Trust Relationship with Indian Tribes and Individual Indians
    § 4. Congressional Authority over Internal Tribal Governance
    § 5. Congress’s Authority Is Exclusive as to State Law
    § 6. Congressional Delegation of Indian-Affairs Authority
    § 7. Canon of Construction of Indian Statutes
    § 8. Political-Status Classification
    § 9. Executive-Branch Indian-Affairs Authority and Trust Responsibility
    § 10. American Indian Treaties
    § 11. Federal Recognition of Indian Tribes
    § 12. Indian-Country Boundaries
    § 13. Federal Statutes of General Applicability
    § 14. Federal Judicial Deference to Congressional Policy

    Appendix. Black Letter of Discussion Draft

    This draft includes a comprehensive survey of the history of American Indian law and policy. It was submitted, for discussion only, at the 2013 Annual Meeting. As planned, no vote was taken.

    177 pages, 2013, #1R3LAIDDE

    Softbound  | 1R3LAIDD  | 2013  | 177 pages  | $30.00

    Foreword
    Reporters’ Memorandum

    CHAPTER 1
    FEDERAL–TRIBAL RELATIONS

    Introductory Note
    § 1. Definitions
    § 2. Congressional Legislative Jurisdiction
    § 3. Federal Trust Relationship with Indian Tribes and Individual Indians
    § 4. Congressional Authority over Internal Tribal Governance
    § 5. Congress’s Authority Is Exclusive as to State Law
    § 6. Congressional Delegation of Indian-Affairs Authority
    § 7. Canon of Construction of Indian Statutes
    § 8. Political-Status Classification
    § 9. Executive-Branch Indian-Affairs Authority and Trust Responsibility
    § 10. American Indian Treaties
    § 11. Federal Recognition of Indian Tribes
    § 12. Indian-Country Boundaries
    § 13. Federal Statutes of General Applicability
    § 14. Federal Judicial Deference to Congressional Policy

    Appendix. Black Letter of Discussion Draft

    This draft includes a comprehensive survey of the history of American Indian law and policy. It was submitted, for discussion only, at the 2013 Annual Meeting. As planned, no vote was taken.