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The Rights of Indians and Tribes



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Oxford University Press
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Questions About This Book?

What version or edition is this?

This is the 4th edition with a publication date of 1/25/2012.

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  • The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any CDs, lab manuals, study guides, etc.

  • The Rights Of Indians And Tribes
    The Rights Of Indians And Tribes


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

Forewordp. xi
Prefacep. xiii
Author Biop. xv
Map: Indian Reservations and Communities in the United Statesp. xvii
A History of Federal Indian Policyp. 1
Definitions: Indian, Indian Tribe, Indian Country, and Indian Titlep. 17
The Trust Responsibilityp. 29
Indian Treatiesp. 45
Federal Power over Indian Affairsp. 55
Tribal Self Governmentp. 81
State Power over Indian Affairsp. 109
Criminal Jurisdiction in Indian Countryp. 127
Civil Jurisdiction in Indian Countryp. 149
Taxationp. 165
Indian Hunting and Fishing Rightsp. 185
Indian Water Rightsp. 205
Civil Rights of Indiansp. 221
The Indian Civil Rights Actp. 241
The Unique Status of Certain Indian Groupsp. 253
Indian Gamingp. 275
The Indian Child Welfare Actp. 291
Judicial Reviewp. 307
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 Statesp. 343
Notesp. 367
Indexp. 505
Table of Contents provided by Ingram. All Rights Reserved.

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