The Rights of Indians and Tribes

by Pevar, Stephen L.

• ISBN13: 9780199795352
• ISBN10: 0199795355
• Edition: 4th
• Format: Paperback
• Copyright: 2012-01-25
• Publisher: Oxford University Press

Summary

Federal Indian Law encompasses nearly 400 Indian treaties, hundreds of federal statutes, and thousands of court decisions. When the first edition of The Rights of Indians and Tribeswas published in 1983, it firmly established itself as the only book explaining Federal Indian Law in a clear and easy-to-understand way for students and practitioners of Indian law, tribal advocates, government officials, and the general public. Numerous tribal leaders highly recommend this book. Incorporating a user-friendly question-and-answer format, veteran legal counsel Stephen Pevar addresses the most significant legal issues facing Indians and Indian tribes, including tribal sovereignty, the federal trust responsibility, the regulation of non-Indians on reservations, Indian treaties, the Indian Civil Rights Act, the Indian Gaming Regulatory Act, and the Indian Child Welfare Act. This fully updated new edition includes a wealth of new information on recent legislation and judicial decisions, and it also features an introduction by John Echohawk, Executive Director of the Native American Rights Fund.

Author Biography

Stephen L. Pevar is a senior staff counsel of the American Civil Liberties Union. Mr. Pevar worked for Legal Services on the Rosebud Sioux Reservation from 1971-1974, and taught Federal Indian Law at the University of Denver School of Law from 1983-199,9. He has litigated numerous Indian rights cases and has lectured extensively on the subject.

Table of Contents

Foreword	p. xi
Preface	p. xiii
Author Bio	p. xv
Map: Indian Reservations and Communities in the United States	p. xvii
A History of Federal Indian Policy	p. 1
Definitions: Indian, Indian Tribe, Indian Country, and Indian Title	p. 17
The Trust Responsibility	p. 29
Indian Treaties	p. 45
Federal Power over Indian Affairs	p. 55
Tribal Self Government	p. 81
State Power over Indian Affairs	p. 109
Criminal Jurisdiction in Indian Country	p. 127
Civil Jurisdiction in Indian Country	p. 149
Taxation	p. 165
Indian Hunting and Fishing Rights	p. 185
Indian Water Rights	p. 205
Civil Rights of Indians	p. 221
The Indian Civil Rights Act	p. 241
The Unique Status of Certain Indian Groups	p. 253
Indian Gaming	p. 275
The Indian Child Welfare Act	p. 291
Judicial Review	p. 307
Appendixes
The Indian Civil Rights Act (25 U.S.C. $$$ 1301-03)	p. 329
Public Law 83-280 (18 U.S.C. $$$ 1162, 28 U.S.C. $$$ 1360)	p. 333
The General Crimes Act (18 U.S.C. $$$ 1152)	p. 337
The Major Crimes Act (18 U.S.C. $$$ 1153)	p. 339
"Indian Country" (18 U.S.C. $$$ 1151)	p. 341
Indian Tribes in the States	p. 343
Notes	p. 367
Index	p. 505
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