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American Indian and Indigenous Law Resources

Introduction

Federal Indian Law covers the relationships between federal, state, and tribal governments. It includes federal statutes, regulations and federal court case law.

Federal Law Resources

Government Resources

Statutes at Large

The United States Statutes at Large is the permanent collection of laws and resolutions enacted during each Congressional session. The statutes are published chronologically. The Law Library of Congress has an ongoing project to digitize the United States Statutes at Large. This site also links to the Government Publishing Office for volumes not yet in its collection.

United States Code

The United States Code is the codification by subject matter of the general and permanent laws of the United States. The code is published by the Office of the Law Revision Counsel of the U.S. House of Representatives and provides access on its website. The code is divided by broad subjects into 54 titles: Title 25 pertains to Indians. Titles 5, 18, 28, and 42 also include relevant law.  

Congress.gov

The official website for U.S. federal legislative information.

Code of Federal Regulations

The Code of Federal Regulations (CFR) is the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. Title 25 pertains to Indians. Titles 5, 18, 28, and 42 also include relevant rules and regulations.  
The official version can be found on the Government Publish Office (GPO) site (www.govinfo.com) at CFR which is updated on an annual basis consistent with the print version. The GPO also provides the CFR Index and Finding Aids,  and CFR Parts Affected from the Federal Register .
The unofficial electronic version of the CFR, which is updated on a daily basis, can be found at eCFR.gov.

Federal Register 

The Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents. The Federal Register is published by the Office of the Federal Register, National Archives and Records Administration (NARA). GPO's govinfo.gov provides access to the Federal Register from 1936 -present.


Third-party Resources

Indian Law Bulletins - U.S. Legislative Bulletin

National Indian Law Library provides a listing of passed and proposed legislation of the current Congress. Summaries and links to news articles are included. Bulletins from past Congresses are available on the archive page.

Indian Law Bulletins - U.S. Regulatory Information 

National Indian Law Library provides a listing of Federal Register documents of the current year. Summaries and links to news articles are included. Bulletins from past years are available on the archive page.

Tribal Court Clearinghouse

The Tribal Court Clearinghouse is a comprehensive website established to serve as a resource for American Indian and Alaska Native Nations, American Indian and Alaska Native people, tribal justice systems, victims’ services providers, tribal service providers, and others involved in the improvement of justice in Indian country. The Clearinghouse website contains extensive resources on tribal, state, and federal law along with extensive Indian country subject-matter resources, as well as a training events calendar, and resources from all Tribal Law and Policy Institute webinars.

Federal Statutes

Tribal Court Clearinghouse provides commentaries on specific chapters of the United States Code which contains federal laws effecting Indian Nations. The code sections link to Legal Information Institute.

Pending Federal Legislation

Tribal Court Clearinghouse provides a list of links to government and non-governmental organizations for researching pending legislation relating to American Indian and Alaska Native issues.

 

Subscription Services

Access restricted - USC login credentials or passwords required

 

Westlaw and Lexis Advance  and Nexis Uni (access on campus or USC login credentials required) provide access to their collections of Statutes at Large, annotated United States Codes, and the CFR and Federal Register
Westlaw and Lexis also provide access to small collections of Tribal law.

Bloomberg Law, provides access to both the CFR and Federal Register.

Fastcase (access on campus or USC login credentials required)

Fastcase provides access to United States code and regulations, as well as some secondary materials.  It also provide access to collections of Tribal law (this is currently under development and what is available is changing and expanding).

ProQuest (access on campus or USC login credentials required)

Congressional Publications

This database is a great source for U.S. legislative research. Coverage includes:

•    Bills & Laws 1789-Present
•    Vote Report 1987-Present
•    Committee Prints & Misc. Publications 1817-Present
•    Congressional Record Bound Edition & Predecessors 1789-1997
•    Congressional Record Daily Edition 1985-Present
•    CRS Reports 1916-Present
•    Hearings 1824-Present
•    House & Senate Documents 1817-Present
•    House & Senate Reports 1817-Present
•    Serial Set 1789-2003
•    Serial Set Maps 1789-Present

ProQuest Legislative Insight 

A great resource for federal legislative history research. This service offers compiled legislative histories with coverage starting with 71st Congress (1929-1931) and including the present Congress.  For research on legislation that was not enacted, use ProQuest Congressional.

HeinOnline (access on campus or USC login credentials required)

U.S. Congressional Documents

This collection features the complete Congressional Record Bound version, as well as the daily version back to 1980. It also includes the three predecessor titles: Annals of Congress (1789-1824), Register of Debates (1824-1837) Congressional Globe (1833-1873), and Congressional Hearings (1927-present), as well as other important congressional material. The collection includes United States Statutes at Large (1789-2011).

Indigenous Peoples of the Americas: History, Culture & Law (formerly, American Indian Law Collection)

This collection includes editions of Title 25- Indians of the U.S. Code from 1926-2012, and CFR Title 25 from 1938-present.. This collection also includes selected compiled legislative histories.

Federal Case Law

United States Supreme Court

Case information, oral argument transcripts and audio, briefs, court opinions (including bound volumes of U.S. Reports), and Supreme Court Rules.

U.S. Courts of Appeals

There are 13 appellate courts that sit below the U.S. Supreme Court, and they are called the U.S. Courts of Appeals or the U.S. Circuit Courts. The 94 federal judicial districts are organized into 12 regional circuits, each of which has a court of appeals.  In addition, the Court of Appeals for the Federal Circuit has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws, and cases decided by the U.S. Court of International Trade and the U.S. Court of Federal Claims.

Bankruptcy Appellate Panels (BAPs) are 3-judge panels authorized to hear appeals of bankruptcy court decisions. These panels are a unit of the federal courts of appeals, and must be established by that circuit. Five circuits have established panels: First Circuit, Sixth Circuit, Eighth Circuit, Ninth Circuit, and Tenth Circuit.

You can find decisions of the various Circuit Courts by searching each Circuit Court's website, separately.  (Map of the Circuits

Circuit Court opinions are published in the Federal Reporter (series) - which is available in the Law Library at KF105 .F432 in the Basement, and also online in Westlaw; the opinions are also available on Lexis and Fastcase.


Free Online Resources

Findlaw  

Provides access to US Supreme Court, Federal Circuit Courts decisions and opinions.

Justia  

Provides access to US Supreme Court, Federal Circuit Courts, Federal District Courts decisions and opinions

Govinfo

Provides access to decisions and opinons of the Federal Circuit Courts, Federal District Courts, Bankruptcy courts, and US Court of International Trade. 

Caselaw Access Project

CAP includes all official, book-published state and federal United States case law — every volume or case designated as an official report of decisions by a court within the United States is in this database.  The earliest case is from 1658, up to 2019.  Their scope includes all state courts, federal courts, and territorial courts for American Samoa, Dakota Territory, Guam and the Northern Mariana Islands. Also included is the American Indian law Reporter and the Navajo Nation.

Google Scholar  

Google Scholar offers an extensive database of state and federal cases, including U.S. Supreme Court Opinions –1791 to present, U.S. Federal District, Appellate, Tax, and Bankruptcy Court Opinions –1923 to present, U.S. State Appellate and Supreme Court Opinions –1950 to present.


Subscription Services

Access restricted - USC login credentials or passwords required

 

Westlaw and Lexis Advance  and Nexis Un (access on campus or USC login credentials required) provide access to their collections of cases decided in Federal courts.

Bloomberg Law,  provides access to cases decided in Federal courts.

Fastcase (access on campus or USC login credentials required)

Fastcase provides access to cases decided in Federal Courts.

U.S. Administrative Decisions

U.S. Department of Interior

U.S. Department of the Interior, Office of the Solicitor

The Office of the Solicitor performs the legal work the United States Department of the Interior by providing advice, counsel, and representation to the Immediate Office of the Secretary, the Assistant Secretaries, and all other bureaus and offices overseen by the Secretary of the Interior.

Opinions of the Solicitor of the Department of the Interior Relating to Indian Affairs (1993-present)

The Office of the Solicitor provides free access to opinions from 1993 to the present.

Opinions of the Solicitor of the Department of the Interior Relating to Indian Affairs (1917-1974)

The University of Oklahoma's Native American Constitution and Law Digitization Project provides free access to the Solicitor's Opinions between 1917 and 1974.

The Opinions of the Solicitor (1917-1974) are also available on these subscription services (login credentials or passwords required)

U.S. Department of the Interior, Office of Hearing and Appeals

Interior Board of Indian Appeals (IBIA)

"The Interior Board of Indian Appeals (IBIA) is an appellate review body that exercises the delegated authority of the Secretary of the Interior to issue final decisions for the Department of the Interior in appeals involving Indian matters. Located within the Department's Office of Hearings and Appeals, IBIA is separate and independent from the Bureau of Indian Affairs (BIA) and the Assistant Secretary - Indian Affairs."

IBIA Decisions (1970-present)
The Office of Hearing and Appeals provides a searchable database of IBIA Decisions. Select database from the dropdown menu. Decisions are also available in print the Indian Law Reporter in our library. 

IBIA Decisions are are also available on these subscription services: (login credentials or passwords required)

Interior Board of Land Appeals (IBLA)

"The Interior Board of Land Appeals (IBLA) is an appellate review body that exercises the delegated authority of the Secretary of the Interior to issue final decisions for the Department of the Interior. Its administrative judges decide appeals from bureau decisions relating to the use and disposition of public lands and their resources, mineral resources on the Outer Continental Shelf, and the conduct of surface coal mining operations under the Surface Mining Control and Reclamation Act. Located within the Department's Office of Hearings and Appeals, IBLA is separate and independent from the Bureaus and Offices whose decisions it reviews."

IBLA Decisions (1970-present)
The Office of Hearing and Appeals provides a searchable database of IBLA Decisions. Select database from the dropdown menu. Decisions are also available in print the Indian Law Reporter in our library [KF8201.A3 I52]. (The Indian Law Reporter is also available online on HeinOnLine [access on campus or USC login credentials required])

 IBLA Decisions are are also available on these subscription services: (login credentials or passwords required)


Indian Claims Commission

The Indian Claims Commission was established in 1946 by statute (60 Stat. 1050) to hear "claims against the United States on behalf of any Indian tribe, band, or other identifiable group of American Indians residing within the territorial limits of the United States or Alaska." The Commission only heard claims accrued prior to August 13, 1946. When the ICC ended in 1978, all remaining claims were transferred to the Court of Claims.  

Records of the Indian Claims Commission are maintained by the National Archives.  These records have not been digitized and thus are not searchable. However, other entities have made these records and decisions accessible online.

Indian Claims Commission Decisions (1946-1978)

Oklahoma State University Library provides free access to all 43 volumes. The site also includes the index created by the Native American Rights Fund (NARF).

Indian Claims Commission Materials

The National Indian Law Library created this research guide with information about the commission and additional materials, including links to indices, reports, and maps.

Indian Claims Commission Decisions are also available on these subscription services: (login credentials or passwords required)

  • LMC Digital (Access restricted to UofSC Law campus and affiliates.) Indian Claims Commission Decisions includes decisions located in volumes 1-43 (1948-1978). For LLMC Number Search, use 80510.
  • HeinOnline  (access on campus or with UA NetID required)