American Indian law in a nutshell / by William C. Canby, Jr., Senior Judge, United States Court of Appeals for the Ninth Circuit formerly Professor of Law, Arizona State University.

Format:

Book

Author/Creator:

Canby, William C., 1931- author.

Series:

Nutshell series.

West nutshell series

Language:

English

Subjects (All):

Indians of North America--Legal status, laws, etc.

Indians of North America.

Physical Description:

1 online resource (366 pages) : illustrations.

Edition:

Sixth edition.

Place of Publication:

St. Paul, Minnesota : West Academic Publishing, 2015.

Summary:

This comprehensive guide for students, practitioners, and professors delivers a succinct summary of American Indian law with supporting citations.

Contents:

Cover Page

Title Page

Copyright Page

Preface

OUTLINE

Table of Cases

Chapter 1. Introduction

A. The Nature and Scope of Indian Law

B. What Is an Indian Tribe?

C. Who Is an Indian?

Chapter 2. Historical Overview of Federal Indian Law and Policy

A. Introduction

B. Establishment of the Federal Role: Colonial Times to 1820

C. The Cherokee Cases and Indian Removal: 1820 to 1850

D. Movement to the Reservations: 1850 to 1887

E. Allotments and Attempted Assimilation: 1887 to 1934

F. Indian Reorganization and Preservation of the Tribes: 1934 to 1953

G. Termination and Relocation: 1953 to 1968

H. Tribal Self-Determination: 1968 to Present

Chapter 3. The Special Relationship Between the Federal Government and the Tribes

B. Evolution of the Relationship

C. Enforcement of the Trust Responsibility

D. Role of the Bureau of Indian Affairs and the Department of the Interior

E. Termination of the Federal-Tribal Relationship

Chapter 4. Indian Tribal Governments

A. Organization of the Tribes

Tribal Constitutions

B. The Tribal Council

C. The Tribal Chairman

D. Tribal Courts

E. The Tribal Attorney

F. Tribal Corporations

G. Tribes Not Organized Under the Indian Reorganization Act

Chapter 5. Indian Tribal Sovereignty

A. Origins and Development of Tribal Sovereignty

B. Tribal Sovereignty Today

Its Meaning and Limits

1. Domestic Dependent Status

2. Preemption of State Law

3. Plenary Power of Congress

C. Sovereign Immunity of the Tribes

Chapter 6. Indian Treaties

A. Treaty Rights, Past and Present

B. Sympathetic Construction of Treaties (and Statutes)

C. Abrogation of Treaties

Chapter 7. Criminal and Civil Jurisdiction in Indian Country

B. Indian Country.

C. Historical Background of Jurisdiction in Indian Country

1. Initial Jurisdiction of the Tribes and the Growth of Federal Authority

2. The Selective Extension of State Law into Indian Country

D. Present Division of Criminal Jurisdiction in Indian Country

1. Federal Criminal Jurisdiction

a. Federal Crimes of Nationwide Applicability

b. Crimes Punishable Under the General Crimes Act, 18 U.S.C.A. 1152

c. Crimes Punishable Under the Major Crimes Act, 18 U.S.C.A. 1153

d. Other Federal Statutes

2. Tribal Criminal Jurisdiction

3. State Criminal Jurisdiction

4. Chart of Criminal Jurisdiction in Indian Country by Parties and Crimes

E. Arrest

F. Present Division of Civil Jurisdiction in Indian Country

1. State Civil Jurisdiction

a. General Civil Litigation

b. Divorce

c. Adoption and Child Custody

d. Probate

2. Tribal Civil Jurisdiction

3. Federal Civil Jurisdiction

Adoption and Child Custody

Probate

4. Chart of Civil Jurisdiction in Indian Country by Parties and Subject Matter

c. Adoption and Child Custody (Non-Divorce) (Consult 25 U.S.C.A. 1911)

G. Recognition of Judgments

Full Faith and Credit

H. Choice of Law

Chapter 8. Public Law 280: A Federal Grant of Jurisdiction to the States

B. Criminal Jurisdiction

C. Civil Jurisdiction

D. Exception for Taxation and Regulation

E. Other Exceptions to State Jurisdiction Under Public Law 280

F. Assumption of Jurisdiction by the Optional States

G. Retrocession of Jurisdiction by a State to the Federal Government

Chapter 9. Taxation and Regulation in Indian Country

A. Introduction.

B. Federal Taxation in Indian Country

C. State Taxation in Indian Country

1. State Taxation of Tribes and Tribal Members

2. State Taxation of Nonmembers

D. Tribal Taxation

E. Federal Regulation in Indian Country

F. State Regulation in Indian Country

G. Tribal Regulation

Chapter 10. Indian Gaming

B. California v. Cabazon Band of Mission Indians

C. The Indian Gaming Regulatory Act of 1988

1. The Act

2. "Indian Lands"

3. Compacts and Seminole Tribe

4. Class II and Class III Gaming

5. Enforcement

6. Management Contracts

Chapter 11. Individual Rights and Indian Law

A. Rights of Indians

1. Indians and the Federal Government

2. Indian Citizenship

3. Indians and the State Governments

4. Indians and the Tribes

a. The Constitution and the Tribes

b. The Indian Civil Rights Act of 1968

B. Rights of Non-Indians

Chapter 12. Indian Lands

B. Aboriginal Title

C. The Eastern Land Claims

D. Recognized Title

E. Indian Claims

F. Indian Landholding Today

1. Communally Held Land

2. Assignments

3. Allotments

4. New Mexico Pueblos

G. Leasing of Indian Lands

Chapter 13. Alaska Natives

B. Alaska Native Claims Settlement Act (ANCSA)

C. Governmental Status of Native Organizations

1. Federal Trust Relationship

2. Indian Country

3. Tribal Self-Government

D. Hunting and Fishing

Chapter 14. Indian Water Rights

A. The Appropriative System of Water Rights

B. Indian Water Rights: The Winters Doctrine

C. Winters Rights in Allotted Land

D. Lease or Sale of Winters Rights

E. Winters Rights as Property

F. Jurisdiction to Adjudicate Water Rights

Chapter 15. Indian Hunting and Fishing Rights

B. Basic Indian Hunting and Fishing Rights.

C. Indian Rights and State Conservation

The Washington Fishing Cases

D. The Alternative of Federal Regulation

The Great Lakes

E. Non-Indian Hunting and Fishing in Indian Country

Index.

Notes:

Includes index.

Description based on print version record.

ISBN:

1-63459-287-5

OCLC:

1007923017