Guides: Native American Law: Casebook & Recommended Resources

Casebook for Native American Law (in BLS Library's first-floor Reserve collection)

Cases and Materials on Federal Indian Law by David H. Getches, Charles F. Wilkinson, Robert A. Williams, Matthew L.M. Fletcher & Kristen A. Carpenter
Call Number: KF8205 .G47 2017 (Reserve)
Publication Date: 7th ed. c2017
One copy of this casebook is available in the first-floor Reserve collection. This casebook circulates for two hours (in-library use). A student can renew this casebook if no one else has requested it.
Following the introductory chapter, this casebook contains three parts:
Part One: The History of Federal Indian Law and Policy
Part Two: Federal Indian Law and Policy in Contemporary Perspective
Part Three: The Frontiers of Indigenous Peoples' Rights

Note: West Academic publishes this casebook and offered its Early eBook Access Program, which began on Monday, January 6, 2025.

West Academic’s Early eBook Access Program provided BLS students free access to adopted West Academic and Foundation Press ebooks one week before classes start and for the first two weeks of class (for a total of 21 days). It was designed to help with any inventory, shipping, financial aid, or drop/add period issues.
BLS students were able to access the digital materials by following the attached instructions below.

West Academic Early Ebook Access Program Instructions

Documentary Film

Tribal Justice / a film by Anne Makepeace; co-producers, Daniel Golding & Lori Nesbitt; a co-production of Anne Makepeace Productions, Inc., American Documentary POV & Vision Maker Media. In BLS Library's SARA catalog record, click: ACCESS ONLINE VERSION - DOCUSEEK.

Summary: "Tribal Justice is a feature documentary about a little known, but effective, criminal justice reform movement in American today: the efforts of tribal courts to create alternative justice systems based on their traditions. In California, two formidable Native American women are among those leading the way. Abby Abinanti, Chief Judge of the Yurok Tribe on the northeast coast, and Claudette White, Chief Judge of the Quechan Tribe in the southeastern desert, are creating innovative systems that focus on restoring rather than punishing offenders in order to keep tribal members out of prison, prevent children from being taken from their communities, and stop the school-to-prison pipeline that plagues their young people."

Resources that Professor Benally Recommends to Law Students

Blog (publicly accessible):

Turtle Talk Blog
Turtle Talk's current contributors are: Matthew L.M. Fletcher, Wenona Singel, Kathryn E. Fort, Matthew Campbell, and Cassondra Church. On the main page, they describe Turtle Talk as "the leading blog on legal issues in Indian Country." The contributors highlight recent cases and link to many case documents. They also highlight and link to recent legal articles. Turtle Talk provides an extensive blogroll. There also is a collection titled: COVID-19 Tribal Documents. Additionally, this searchable site posts job announcements and links to other sources of job postings.

Books (available through BLS Library):

American Indian Law in a Nutshell by William Canby Jr.
Call Number: KF8205.Z9 C36 2025 (Reserve)
Publication Date: 8th ed. (c2025)
One print copy of this nutshell is available in the first-floor Reserve collection.
Indian Law Stories by Carole Goldberg, Kevin K. Washburn & Philip P. Frickey
Publication Date: [2011]
BLS Library provides one digital copy. It circulates for 24 hours. (Vendor EBC does not permit two-hour loans.) In the SARA catalog record for Indian Law Stories, click: ACCESS ONLINE VERSION - (EBSCO).
Excerpt from this book's Introduction: The stories "assembled in this volume provide dramatic insight into conflicts over sovereignty and property that have marked the relationship between the United States and [Native] nations for over two centuries."
Contents:
Introduction
Part I. Law and the Legitimization of American Colonialism:
Chapter 1: The Judicial Conquest of Native America: The Story of Johnson v. M’Intosh
Chapter 2: The Tribal Struggle for Indian Sovereignty: The Story of the Cherokee Cases
Chapter 3: Water, Legal Rights, and Actual Consequences: The Story of Winters v. United States
Chapter 4: Who Is an Indian? The Story of United States v. Sandoval
Part II. The Legal Foundation and the Instruments of Empire:
Chapter 5: The Distorted History that Gave Rise to the “So Called” Plenary Power Doctrine: The Story of United States v. Kagama
Chapter 6: The Apex of Congress’ Plenary Power over Indian Affairs: The Story of Lone Wolf v. Hitchcock
Chapter 7: Erasing Indian Country: The Story of Tee–Hit–Ton Indians v. United States
Chapter 8: Mark the Plumber v. Tribal Empire, or Non–Indian Anxiety v. Tribal Sovereignty?: The Story of Oliphant v. Suquamish Indian Tribe
Chapter 9: A Step Backward in the Government’s Representation of Tribes: The Story of Nevada v. United States
Chapter 10: Property, Power, and American “Justice”: The Story of United States v. Dann
Part III. Confronting Political and Cultural Autonomy in a Nation of Nations:
Chapter 11: Sheep, Sovereignty, and the Supreme Court: The Story of Williams v. Lee
Chapter 12: What’s Race Got to Do With It?: The Story of Morton v. Mancari
Chapter 13: How a $147 County Tax Notice Helped Bring Tribes More Than $200 Billion in Indian Gaming Revenue: The Story of Bryan v. Itasca County
Chapter 14: Three Stories in One: The Story of Santa Clara Pueblo v. Martinez
Chapter 15: Challenging the Narrative of Conquest: The Story of Lyng v. Northwest Indian Cemetery Protective Association
Chapter 16: Beating a Path of Retreat from Treaty Rights and Tribal Sovereignty: The Story of Montana v. United States
Chapter 17: Aboriginal Title in the Canadian Legal System: The Story of Delgamuukw v. British Columbia
Biographies of Indian Law Stories Contributors

Access tip: To access Indian Law Stories from a remote location, implement the BLS proxy server instructions for one web browser. Librarians recommend the proxy server instructions for Firefox browser.
- Feel free to contact library.lab@brooklaw.edu for help implementing the BLS proxy instructions.

Introduction to Tribal Legal Studies by Justin B. Richland & Sarah Deer
Call Number: KF8205 .R53 2016 (Reserve)
Publication Date: 3rd ed. [2016]
One print copy of this book is available in the first-floor Reserve collection.
Excerpt from Rowman & Littlefield's book description: "In clear and straightforward language, Justin B. Richland and Sarah Deer discuss the history and structure of [T]ribal justice systems; the scope of criminal and civil jurisdictions; and the various means by which the integrity of [T]ribal [C]ourts is maintained."