Forward

There long has been a need for a short and plain summary of Indian law and policy. The Cohen treatise (Handbook of Federal Indian Law ), the casebook on Indian law, and other works all serve vital functions, but they do not meet the requirements of a person seeking a reasonably brief introduction to the field. As such, this overview book is intended for those tribal leaders and employees, government officials, educators, lawyers, and Indian people who have never had formal training in Indian law and policy; all of them may know a great deal about Indian Country or about law in general but they have never had the opportunity to study Indian law and policy in a systematic way. This volume can be recognized as a sourcebook, assigned as a text for introductory courses in universities and community colleges, or used as reading materials for two- or three- day policy seminars.

This volume is divided into four parts. Part One is a narrative description of the field, with chapters on the history of Indian affairs, the trust relationship, tribal sovereignty, and tribal resource and economic development. Part Two consists of an illustrative treaty and representative executive order--the Treaty of Point Elliott of 1859 and the Walker River Reservation Executive Order of 1874--along with a description of historical and legal developments relating to the treaty and executive order. Part Three is a compilation of selected edited statues dealing with Indian law. Part Four is a collection of some of the leading Indian law decisions handed down by the United States Supreme Court. Each case is condensed greatly and the legal jargon has been removed. Our hope is that this section will make accessible to the public the words of the Supreme Court in such great cases as Worcester v. Georgia (1831) (recognizing the supremacy of tribal sovereignty over state laws in Indian Country), Washington v. Washington State Commercial Passenger Fishing and County of Oneida v. Oneida Indian Nation (1985) (upholding the land claims asserted by tribes in the eastern United States).

Ultimately this is a straightforward book that provides basic source materials relating to a great idea--the idea of tribal sovereignty. Tribal sovereignty is an ancient notion, 10,000 years old at least and perhaps far older than that. Yet, in spite of having been tested during dark and treacherous times, tribal sovereignty remains vigorous and vibrant in this modern technological society of the late 20th century. We hope very much that readers will be challenged by the study of tribal sovereignty and of the other special rights possessed by Indian tribes. In the last analysis, rights can be preserved only if they are understood.


Information about the resource can be found at:
ANKN Clearinghouse
P.O. Box 756730
Fairbanks, AK 99775-6730

Tel: (907) 474-5897
or email: ANKN Clearinghouse

» Culturally-Based Curriculum Resources