Native American Law: Recent Studies, Reports & Data

Excluded and Alone: Examining the Experiences of Native American Women in the Law and a Path Towards Equity (c2023)

• Dr. Arin N. Reeves (founder of research and advisory firm Nextions) was the lead researcher for this study conducted in 2022 and 2023.  Linda J. Benally (a citizen of the Diné Nation and Past President of the National Native American Bar Association) and Jin Y. Hwang (2021-2024 Commissioner, ABA Commission on Women in the Profession) were Study Co-Chairs.  A Firekeepers Circle (of National Native American Bar Association leaders with additional ABA representation) served as an advisory board for this project.  154 Native American women in the legal profession registered to participate.
• Beginning on p. 31, there is a Call to Action providing recommendations "to support Native American women and advance the inclusion of Native American women in the legal profession."
• Beginning on p. 37, there is A Brief, Abbreviated History of Important Dates in the Development of Indian Law and Policy Regarding Native American Women and Families.

Related presentation video available at the ABA's website:

Deb Haaland [U.S. Secretary of the Interior] and Native American Women “Firsts” (date on presentation slide deck is: Nov. 2, 2023)

• The ABA's website notes this program features "Deb Haaland, U.S. Secretary of the Interior,  and a panel of other Native American women 'firsts' including Abby Abinanti (Yurok), Chief Judge, Yurok Tribe and First Native American Woman to pass the California Bar Exam; Kimberly TeeHee (Cherokee), first Delegate-designate to the U.S. House of Representatives from the Cherokee Nation and former senior policy advisor for Native American affairs in the White House; Stacy Leeds (Cherokee), Willard H. Pedrick Dean and Regents Professor of Law, Sandra Day O'Connor College of Law, and first Native American woman to serve as a law school dean; and Valerie Nurr’araluk Davidson (Yup’ik), President/CEO of the Alaska Native Tribal Health Consortium."  Makalika Naholowa'a (Executive Director, Native Hawaiian Legal Corp. and President, National Native American Bar Association (and first Native Hawaiian in this role)) moderated this presentation.  The National Native American Bar Association sponsored this program.

NNABA's home page includes: Initiatives.

• It provides an earlier study conducted by Dr. Reeves: The Pursuit of Inclusion: An In-Depth Exploration of the Experiences and Perspectives of Native American Attorneys in the Legal Profession (2015) and related articles.

The Congressional Research Service is a collection of research "produced by the Congressional Research Service (CRS) for the United States Congress. By law, CRS works exclusively for Congress, providing timely, objective, and authoritative research and analysis to committees and Members of both the House and Senate, regardless of political party affiliation."  Use the keyword search feature to find material about your topic.

• Keyword search examples:
  • "Tribal Courts"
  • "Tribal Nations"
  • "Tribal Sovereign Immunity"
  • Enter the name of a bill or law, such as: "Tribal Child Support Enforcement Act"

CRS indexes thousands of reports.  Below are some recent examples:

• Jessica Tollestrup & Margot L. Crandall-Hollick, Overview of Child Support Enforcement Access to Taxpayer Data and the Tribal Child Support Enforcement Act (S. 3154) (updated Dec. 14, 2023)
• Renée Johnson, Farm Bill Primer: Support for Native Agricultural Producers (updated Nov. 22, 2023)
• Michael D. Contino & Mainon A. Schwartz,Supreme Court Rules Bankruptcy Code Abrogates Tribal Sovereign Immunity (Aug. 4, 2023) (discussing Lac du Flambeau case)
• Mariel J. Murray,Diane P. Horn,Erica A. Lee & Elizabeth M. Webster, Tribal Disaster Risk and Selected Federal Resources (July 27, 2023)
• Mainon A. Schwartz, SCOTUS Bolsters State Criminal Jurisdiction on Tribal Lands (July 1, 2022) (discussing Oklahoma v. Castro-Huerta case)

This nonprofit provides a Knowledge Center, including the pages:

• Philanthropy in Indian Country
• Economic Justice in Indian Country
• Environmental Justice and Indian Country
• Reclaiming Native Truth
• Publications

Native Nations Institute (NNI) was founded by the University of Arizona and the Udall Foundation "as a self-determination, self-governance, and development resource for Native nations."  NNI states it aids "in building capable Native nations that can effectively pursue and ultimately realize their own political, economic, and community development objectives."

• Provides Research & Policy Analysis on:
  • Asset Building
  • Children & Youth
  • Environment & Natural Resources
  • Health & Health Policy
  • Indigenous Data Sovereignty & Governance
  • Law Enforcement and Dispute Resolution
  • Rebuilding Economies
• Publications page highlights recent materials.
• Includes a searchable Indigenous Governance Database (1,600 resources).

Susan Shain, Transforming Spaces: The Unapologetic ‘Auntie’ of Indigenous Data, N.Y. Times [Dec. 12, 2023] 

• Discusses the transformative work of public health researcher Abigail Echo-Hawk, MA, who is an enrolled citizen of the Pawnee Nation of Oklahoma, Executive Vice President of Seattle Indian Health Board and Director of Urban Indian Health Institute.

Urban Indian Health Institute (a division of the Seattle Indian Health Board)

• Provides: a Data Dashboard; information on projects (including toolkit: Decolonize Data: Accurate Data Tells Accurate Stories); and links to resources (including COVID-19 Resources).

Includes web page titled: "Federally recognized American Indian [T]ribes and Alaska Native [E]ntities"

• Provides:
  • List of federally recognized Tribes.
  • Information about the enrollment process and benefits of enrollment.
  • Link to: Tribal Leaders Directory.

Facts for Features: American Indian and Alaska Native Heritage Month: November 2023 (@ U.S. Census Bureau)

• Reference Librarian Audrey Celeste Crane-Hirsch states this Fact Sheet provides "[s]tatistics on population, reservations, [T]ribes, families, housing, languages, education, veterans, income, and health insurance."  See Audrey Celeste Crane-Hirsch, Native American Heritage Month Fact Sheet 2 (updated Oct. 30, 2023).
• This U.S. Census Bureau web page also highlights and links to: additional sources of statistics (examples: 2018-2022 American Community Survey 5-year Estimates and 2020 Census); the My Tribal Area data tool (source: 2018-2022 American Community Survey 5-Year Estimates); and two maps (American Indians and Alaska Natives in the United States and American Indians and Alaska Natives in Alaska).

See also:

American Indian and Alaska Native Data Links

• Includes: Detailed Demographic Profile and links to multiple reports.

Health of American Indian and Alaska Native Population (@ Centers for Disease Control and Prevention, National Center for Health Statistics)

• This FastStats page links to additional data sources and surveys.

Indian Health Service

• Includes a page summarizing key federal Legislation and linking to Congressional testimony.
• Provides IHS Map Portal.

Suggested research approaches:

• Programs and Services describes programs and services by type.
  • Link to an option, such as: Justice Services.  Related Links (on right) provides reports and data.
  • Link to an option, such as: Tribal Climate Resilience.  Resulting page describes the Tribal Climate Resilience Annual Awards Program, provides a Tribal Climate Resilience Resource Directory and links to "interactive web-based maps of Tribal Climate Resilience projects and data maps."
• Use home screen search feature.
  • Search: missing yields page: Missing and Murdered Indigenous People Crisis providing information about this crisis, a link to submit information about a missing or murdered person, and links to surveys and reports.

2023 Progress Report for Tribal Nations (@ The White House, prepared by the Domestic Policy Council)

Executive Order on Reforming Federal Funding and Support for Tribal Nations to Better Embrace Our Trust Responsibilities and Promote the Next Era of Tribal Self-Determination (Dec. 6, 2023) (@ The White House)

• Section 5 states: "The WHCNAA, with support from the Secretary of the Interior as appropriate, shall ensure that Tribal Nations can easily identify in one location all sources of Federal funding and support programs for Tribal Nations, and all agencies that provide such funding shall coordinate with the Secretary of the Interior or the Secretary’s designee to compile and regularly update the necessary information to support this resource."
  • See: U.S. Department of the Interior > Indian Affairs > Access to Capital Clearinghouse

Remarks by President Biden at the White House Tribal Nations Summit (Dec. 6, 2023) (@ The White House)

Recordings of the 2023 White House Tribal Nations Summit:

• Session One
• Session Two
• Session Three