Gallagher Law Library, Oct. 2007 Indian Law Research Guide: Indian Law Research Indian Law ResearchIndian Law Research.

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Presentation transcript:

Gallagher Law Library, Oct Indian Law Research Guide: Indian Law Research Indian Law ResearchIndian Law Research

Gallagher Law Library, Oct Definitions Indian Indian Indian Tribe Indian Tribe Federally Recognized Tribe Federally Recognized Tribe Indian Country Indian Country –Reservations –Allotted land –Dependent Indian communities

Gallagher Law Library, Oct Washington Reservations

Gallagher Law Library, Oct Washington Reservations – and the Lands the Indians Ceded

Gallagher Law Library, Oct Muckleshoot Reservation

Gallagher Law Library, Oct U.S. Reservations

Gallagher Law Library, Oct Sovereignty Indian tribes are sovereign: Indian tribes are sovereign: –Inherent rights to self- determination But federal government can limit sovereignty But federal government can limit sovereignty

Gallagher Law Library, Oct Treaties Pre-1871 Pre-1871 See links from guide See links from guidelinks from guidelinks from guide Problem: find provisions in treaties with Northwest tribes about fishing rights. Compare provisions for Duwamish, Makah, Yakama Problem: find provisions in treaties with Northwest tribes about fishing rights. Compare provisions for Duwamish, Makah, Yakama

Gallagher Law Library, Oct Tribal Codes See links from guide See links from guidelinks from guidelinks from guide Problem: Your client lives in Sequim. She is afraid of her ex-boyfriend who lives on the Makah reservation. Can she petition for an order of protection? Problem: Your client lives in Sequim. She is afraid of her ex-boyfriend who lives on the Makah reservation. Can she petition for an order of protection?

Gallagher Law Library, Oct Federal Trust Responsibility “[The government’s] conduct, as disclosed in the acts of those who represent it in dealings with the Indians, should... be judged by the most exacting fiduciary standards.” “[The government’s] conduct, as disclosed in the acts of those who represent it in dealings with the Indians, should... be judged by the most exacting fiduciary standards.” Seminole Nation v. U.S. (1942) Seminole Nation v. U.S. (1942)

Gallagher Law Library, Oct Jurisdiction Civil / Criminal Civil / Criminal –PL 280 (1953) Tribe Tribe State State Federal Federal

Gallagher Law Library, Oct Major Federal Statutes  Indian Civil Rights Act (1968)  Indian Self-Determination and Education Assistance Act (1975)  Indian Child Welfare Act (1978)  American Indian Religious Freedom Act (1978)  Native American Graves Protection and Repatriation Act (1990)

Gallagher Law Library, Oct Hypo 1 Ingrid Hansen has been taking care of her sister’s two children while her sister was deployed in Iraq. She has learned that her sister was killed, and she would like to make the custody permanent. Ingrid Hansen has been taking care of her sister’s two children while her sister was deployed in Iraq. She has learned that her sister was killed, and she would like to make the custody permanent. Questions? Questions?

Gallagher Law Library, Oct (Can you find Washington state regs on adopting Indian children?) (Can you find Washington state regs on adopting Indian children?)

Gallagher Law Library, Oct Hypo 2 The Hotel Employees and Restaurant Employees union has been approached by staff at the Tulalip Casino. Can the employees there unionize? Will the NLRB have jurisdiction? The Hotel Employees and Restaurant Employees union has been approached by staff at the Tulalip Casino. Can the employees there unionize? Will the NLRB have jurisdiction?

Gallagher Law Library, Oct Indian Claims Commission

Gallagher Law Library, Oct BIA Cobell litigation Cobell litigation

Gallagher Law Library, Oct Taxes Nat’l Council State Legislatures, Piecing Together the State-Tribal Tax Puzzle Nat’l Council State Legislatures, Piecing Together the State-Tribal Tax Puzzle Piecing Together the State-Tribal Tax Puzzle Piecing Together the State-Tribal Tax Puzzle Wash. Dep’t of Revenue: Wash. Dep’t of Revenue: –Indian Country Indian CountryIndian Country –Indian Guide to Washington State Excise Taxes (2004) Indian Guide to Washington State Excise Taxes Indian Guide to Washington State Excise Taxes