Indigenous Peoples Law
There are 574 federally recognized tribes in the United States, and hundreds more which do not have federal recognition. This page provides resources for researching indigenous peoples' laws, courts, and governments, with a focus on the Wisconsin geographic area. Use books, databases, and more resources at the library to locate codes, constitutions, opinions, and treaties.
The phrase indigenous peoples refers to a group of indigenous people with a shared national identity. Generally, the best term to use is what an individual person or tribal community uses to describe themselves. Native American, American Indian, or Tribes are terms generally used to refer to peoples living within what is now the United States prior to European contact. Specific terms, like American Indian, Alaska Native, Native Hawaiian, American Samoan, Indian, and variations of tribal nation names may be used in laws, regulations, treaties, and other sources.
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Tribal Government
- Bad River Band of Lake Superior Chippewa
- Brothertown Indian Nation (Not federally or state recognized)
- Forest County Potawatomi
- Ho-Chunk Nation
- Lac Courte Oreilles Band of Lake Superior Chippewa Indians
- Lac du Flambeau Band of Lake Superior Chippewa Indians
- Menominee Indian Tribe of Wisconsin
- Oneida Nation
- Red Cliff Band of Lake Superior Chippewa
- St. Croix Chippewa Indians of Wisconsin
- Sokaogon Chippewa Community, Mole Lake Band of Lake Superior Chippewa
- Stockbridge Munsee Community Band of Mohican Indians
Research links
- Wisconsin First Nations Map (Wisconsin First Nations)
- Tribal Law Gateway (National Indian Law Library)
- Wisconsin State-Tribal Relations Initiative
- Federal and State Recognized Tribes (National Conference of State Legislatures)
- Federally Recognized Indian Tribes and Sources for Native Americans (USA.gov)
- Tribal Leaders Directory (US Bureau of Indian Affairs)
- Tribal Directory (National Congress of American Indians)
Courts
- Wisconsin Tribal Courts Directory (WI Tribal Judges Association)
- Bad River Band of Lake Superior Chippewa Tribal Court
- Brothertown Indian Nation Peacemakers (Not federally or state recognized)
- Forest County Potawatomi Tribal Court
- Ho-Chunk Nation Judicial Branch
- Lac Courte Oreilles Band of Lake Superior Chippewa Indians
- Lac du Flambeau Band of Lake Superior Chippewa Indians Tribal Courts
- Menominee Indian Tribe of Wisconsin Judiciary
- Oneida Nation Judiciary
- Red Cliff Band of Lake Superior Chippewa Tribal Court
- St. Croix Chippewa Indians of Wisconsin Judiciary
- Sokaogon Chippewa Community, Mole Lake Band of Lake Superior Chippewa Tribal Court
- Stockbridge Munsee Community Band of Mohican Indians Tribal Court
Research links
- Wisconsin Tribal Judges Association
- Tribal Court Decisions (Tribal Court Clearinghouse)
- Wisconsin First Nations Map (Wisconsin First Nations)
- Frequently Asked Questions About Wisconsin Tribal Courts
- Indian Child Welfare Act Judicial Benchbook (National Council of Juvenile and Family Court Judges)
Laws
Charters, Constitutions, By-Laws
- Bad River Band of Lake Superior Chippewa
- Brothertown Indian Nation (Not federally or state recognized)
- Forest County Potawatomi
- Ho-Chunk Nation
- Lac Courte Oreilles Band of Lake Superior Chippewa Indians
- Lac du Flambeau Band of Lake Superior Chippewa Indians
- Menominee Indian Tribe of Wisconsin
- Oneida Nation
- Red Cliff Band of Lake Superior Chippewa
- St. Croix Chippewa Indians of Wisconsin
- Sokaogon Chippewa Community, Mole Lake Band of Lake Superior Chippewa
- Stockbridge Munsee Community Band of Mohican Indians
The UW Law Library, in partnership with the Stockbridge-Munsee Community Band of Mohican Indians, the UW Law School Great Lakes Indigenous Law Center, the National Indian Law Library, and the Open Law Library, is working to develop The Digital Publication of Tribal Laws Pilot Project. In this project, librarians and developers will partner with Native Nations to publish their laws open access and incorporate them into digital library collections.
Treaties, Federal and state law
- Early Recognized Treaties with American Indian Nations (University of Nebraska Libraries)
- Indian Affairs: Laws & Treaties (Kappler, Hosted at Oklahoma State University)
- State-Tribal Legislation (National Conference of State Legislatures)
Research links
- Constitution and Bylaws of American Indian Tribes
Native American legal materials collection, Microfiche and HeinOnline - Tribal Law Gateway at the National Indian Law Library
- Tribal Codes & Constitutions (Tribal Law & Policy Institute)
- Tribal Court Clearinghouse
Tribal and federal law. Information on various legal topics. - Native American Legal Materials Microfiche Collection (WI State Law Library)
- Treaties Between the United States and Native Americans (Yale Law School)
- Tribal Law project at University of Wisconsin Law Library (WisBar InsideTrack)
Forms
- Indian Child Welfare Act (ICWA) court forms (WI Court System)
Popular questions
What is the proper terminology: Indigenous, Indigenous Peoples, Native American, or American Indian?
The phrase indigenous peoples refers to a group of indigenous people with a shared national identity. Generally, the best term to use is what an individual person or tribal community uses to describe themselves. Native American, American Indian, or Tribes are terms generally used to refer to peoples living within what is now the United States prior to European contact. Specific terms, like American Indian, Alaska Native, Native Hawaiian, American Samoan, Indian, and variations of tribal nation names may be used in laws, regulations, treaties, and other sources.
What is NAGPRA?
The Native American Graves Protection and Repatriation Act is a federal law passed in 1990. NAGPRA provides a process for museums and federal agencies to return certain Native American cultural items - human remains, funerary objects, sacred objects, or objects of cultural patrimony - to lineal descendants, Indian tribes, and Native Hawaiian organizations. (NPS).
Research links
Agencies & organizations
- Great Lakes Inter-Tribal Council
- Wisconsin State-Tribal Relations Initiative
- WI Tribal Judges Association
- National Congress of American Indians
- National Indian Law Library
Assists the public with their American Indian law-related information needs. - U.S. Dept. of the Interior, Bureau of Indian Affairs
- U.S. Dept. of Health and Human Services, Indian Health Services
- U.S. Dept. of Justice Office of Tribal Justice
- Office of Native American Programs
Inter-agency website aimed at Native Americans - National Conference of State Legislatures, National Caucus of Native American State Legislators
Other links
- American Indians of the Pacific Northwest Digital Collection
- Frequently Asked Questions about Wisconsin First Nations (Wisconsin First Nations)
- Frequently Asked Questions about Native Peoples (Native American Rights Fund)
- Great Lakes Indigenous Law Center (UW-Madison)
- Indian Land Cessions, 1784-1894
- Indian Law Resource Center
- Indigenous Law Portal (LLMC)
- Indigenous Portal - Resources for Global Indigenous Law
- National Indian Law Library
Assists the public with their American Indian law-related information needs. - Native American Law Reviews
- Wisconsin First Nations teaching and learning resources (WI Dept. of Public Instruction)
Library books & articles
Books
- American Indian law deskbook
KF 8205 .A76 - American Indian law in a nutshell
KF 8205 .C36 2020 - Cases and materials on federal Indian law
KF 8205.5 .G47 2017 - Charters, constitutions and by-laws of the Indian Tribes of Wisconsin
KF 8220 .F31 - Cohen's handbook of federal Indian law
KF 8205 .C6 2012 and Lexis Digital ebook - Estate planning handbook for Native Americans
- Indian gaming : tribal sovereignty and American politics
KF 8210 .G35 M25 2000 - Native American Gaming Compacts
KF 8210 .G35 -
Restatement of the law, the law of American Indians
KF 395.A2 A61 - Find more books and articles in our Indigenous Peoples Research Guide
Journals & Legal Databases
- Indigenous Peoples of the America: History, Culture & Law
HeinOnline - American Indian quarterly
- Constitution and Bylaws of American Indian Tribes
Native American legal materials collection, Microfiche and HeinOnline
Law Review Articles
- American Indians and the Right to Vote: Why the Courts Are Not Enough
61 B.C. L. Rev. 1111 (2020). Available on Westlaw and HeinOnline - (Indigenous) Language as a Human Right
24 UCLA J. Int'l L. Foreign Aff. 49 (2020). Available on Westlaw and HeinOnline - Justice for Juristac: Using International and Comparative Law to Protect Indigenous Lands, 18 Santa Clara J. Int'l L. 175 (2020)
- Legal Pluralism and Indigenous Peoples Rights: Challenges in Litigation and Recognition of Indigenous Peoples Rights, 87 U. Cin. L. Rev. 1043 (2018)
- O'Odham Niok? In Indigenous Languages, U.S. "Jurisprudence" Means Nothing
37 Chicano-Latino L. Rev. 29 (2020).Available on Westlaw and HeinOnline - Surveying the Boundaries: State and Tribal Court Jurisdiction
79 Wis Lawyer 6 (June 2006) - Tips for Practicing in Tribal Courts, 85 J. Kan. B. Ass'n 24, 31 (2016)
- Tribal and Local Governments: Jurisdictional Challenges within Shared Spaces
89 Wis. Lawyer 1 (January 2016)