Criminal Law
General
Tribal Law and Order Act
In response to the Tribal Law and Order Act of 2010, Pub. L. 111-211 tit. II, 124 Stat. 2258, 2261, some tribal courts are changing their criminal procedure and expanding their criminal jurisdiction. Resources include:
- Indian Law & Order CommissionTLOA created the Indian Law and Order Commission, an independent, all-volunteer advisory group, to help with the greatest challenges to securing equal justice for Native Americans living and working on Indian lands. The purpose of this website is to provide updates, news, and resources related to the Commission's activities.
- National Indian Law Library - Tribal Law and Order Act of 2010 ResourcesIncludes legislative history of the Act.
- HeinOnline - Legislative History of the Tribal Law and Order ActA four-volume legislative history of the Act.
Violence Against Women Act
- Tribal Law & Policy Institute - The Violence Against Women Act - Title IX: Safety for Indian Women"Among its provisions, Title IX of VAWA of 2013 authorized “special domestic violence criminal jurisdiction.” This jurisdiction authorizes tribes to criminally prosecute non-Indians for the crimes of domestic violence, dating violence, and the violation of protection orders. However, in order for tribes to utilize this criminal jurisdiction, tribes must provide certain enumerated due process protections, including most of the protections required in the Tribal Law and Order Act." Site includes summary of law, links to publications.
- VAWA 2013's Special Domestic Violence Criminal Jurisdiction Five-Year Report [NCAI]National Congress of American Indians' report on the experience of the 18 tribes exercising expanded jurisdiction (2018).
"This report summarizes how VAWA 2013’s landmark provision has been implemented and analyzes its impacts in the 5 years since it was enacted.iii This examination of the tribes’ early exercise of SDVCJ suggests that VAWA 2013 has been a success. As Congress intended, the law has equipped tribes with the much-needed authority to combat the high rates of domestic violence against Native women, while at the same time protecting non-Indians’ rights in impartial, tribal forums." p. 2
Elder Abuse
- National Indigenous Elder Justice InitiativeHosted by University of North Dakota Center for Rural Health.
Lora A. Kalber, The Invisible Elder: The Plight of the Elder Native American, 3 Marquette Elder's Advisor 46 (2001), [journal site]
Justin Siegler, Injustice in Indian Country: The Need for a Serious Response to Native American Elder Abuse, 19 Elder L.J. 415 (2012), [journal site]
Gaming
The commission's website includes copies of compacts, tribal ordinances related to gaming, commission final decisions, and more.
Native American Graves Protection and Repatriation Act (NAGPRA)
Federal Overview
- Native American Graves Protection and Repatriation Act [US Code]NAGPRA (1990) provides for the return of human remains, funerary objects, and sacred objects to descendants of federally recognized Indian Tribes and Native Hawaiian communities.
- Native American Graves Protection and Repatriation Act [National Park Service]Information regarding compliance, enforcement, and the language of NAGPRA.
- Cultural Protection & NAGPRA [National Congress of American Indians]A Native perspective on the issue of cultural protection, as well as speeches from community leaders and resolutions passed by the organization.
Washington State Overview
- Repatriation [The Burke Museum]The Burke Museum was founded in 1885 by the Young Naturalists in order to preserve and understand natural and historic changes in the Pacific Northwest. The Burke is committed to assisting tribes reclaim their funerary and sacred objects and to establish and improve relationships with local tribes.
Books
Plundered Skulls and Stolen Spirits: Inside the Fight to Reclaim Native America's Culture by Publication Date: 2017
Accomplishing NAGPRA by Publication Date: 2013
Probate
- BIA Division of Probate Services"DPS gathers information regarding decedent’s family and property and prepares it for adjudication by OHA [the Office of Hearings and Appeals]. After OHA issues a probate order, DPS works with other trust offices to distribute the assets to the designated heirs or beneficiaries."
- Trust Assets and Probate [California Indian Legal Services]Includes
- What is the American Indian Probate Reform Act (AIPRA)?
- Probate Process for Native Americans
- Respecting Your Wishes: Estate Planning for California Native Americans
Tax
State Tax Issues
Federal Tax Issues
For federal tax issues, see M. Christian Clark, Analytical Research Guide to Federal Indian Tax Law, 105 Law Libr. J. 505 (2013).