law concerning america's original indian tribes

8/8/2019 Law Concerning America's Original Indian Tribes

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Gallagher Law Library, Oct. 2007Gallagher Law Library, Oct. 2007http://lib.law.washington.eduhttp://lib.law.washington.edu

Indian Law ResearchIndian Law Research

Guide:Guide: Indian Law ResearchIndian Law Research


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DefinitionsDefinitions

IndianIndian

Indian TribeIndian Tribe Federally Recognized TribeFederally Recognized Tribe

Indian CountryIndian Country

ReservationsReservationsAllotted landAllotted land

Dependent Indian communitiesDependent Indian communities


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Washington ReservationsWashington Reservations


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Washington ReservationsWashington Reservations and the Lands the Indiansand the Lands the IndiansCededCeded


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Muckleshoot ReservationMuckleshoot Reservation


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U.S. ReservationsU.S. Reservations


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SovereigntySovereignty

Indian tribes are sovereign:Indian tribes are sovereign:

Inherent rights to selfInherent rights to self--determinationdetermination

But federal government can limitBut federal government can limitsovereigntysovereignty


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TreatiesTreaties

PrePre--18711871

SeeSee links from guidelinks from guide

Problem: find provisions in treatiesProblem: find provisions in treatieswith Northwest tribes about fishingwith Northwest tribes about fishingrights. Compare provisions forrights. Compare provisions for

Duwamish, Makah, YakamaDuwamish, Makah, Yakama


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Tribal CodesTribal Codes

SeeSee links from guidelinks from guide

Problem: Your client lives in Sequim.Problem: Your client lives in Sequim.She is afraid of her exShe is afraid of her ex--boyfriend whoboyfriend wholives on the Makah reservation. Canlives on the Makah reservation. Canshe petition for an order of protection?she petition for an order of protection?


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Federal TrustFederal Trust

ResponsibilityResponsibility[The governments] conduct, as[The governments] conduct, asdisclosed in the acts of those whodisclosed in the acts of those who

represent it in dealings with therepresent it in dealings with theIndians, should . . . be judged by theIndians, should . . . be judged by themost exacting fiduciary standards.most exacting fiduciary standards.

Seminole Nation v. U.S.Seminole Nation v. U.S. (1942)(1942)


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JurisdictionJurisdiction

Civil / CriminalCivil / Criminal

PL 280 (1953)PL 280 (1953)

TribeTribe

StateState

FederalFederal


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Major Federal StatutesMajor Federal Statutes

Indian Civil Rights Act (1968)Indian Civil Rights Act (1968)

Indian SelfIndian Self--Determination andDetermination and

Education Assistance Act (1975)Education Assistance Act (1975) Indian Child Welfare Act (1978)Indian Child Welfare Act (1978)

American Indian Religious FreedomAmerican Indian Religious Freedom

Act (1978)Act (1978) Native American Graves Protection andNative American Graves Protection and

Repatriation Act (1990)Repatriation Act (1990)


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Hypo 1Hypo 1

Ingrid Hansen has been taking care ofIngrid Hansen has been taking care ofher sisters two children while herher sisters two children while her

sister was deployed in Iraq. She hassister was deployed in Iraq. She haslearned that her sister was killed, andlearned that her sister was killed, andshe would like to make the custodyshe would like to make the custody

permanent.permanent. Questions?Questions?


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Gallagher Law Library, Oct. 2007Gallagher Law Library, Oct. 2007

http://lib.law.washington.eduhttp://lib.law.washington.edu

(Can you find Washington state regs(Can you find Washington state regson adopting Indian children?)on adopting Indian children?)


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Hypo 2Hypo 2

The Hotel Employees and RestaurantThe Hotel Employees and RestaurantEmployees union has beenEmployees union has been

approached by staff at the Tulalipapproached by staff at the TulalipCasino. Can the employees thereCasino. Can the employees thereunionize? Will the NLRB haveunionize? Will the NLRB have

jurisdiction?jurisdiction?


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Indian ClaimsIndian Claims

CommissionCommission


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BIABIA

Cobell litigationCobell litigation


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TaxesTaxes

Natl Council State Legislatures,Natl Council State Legislatures,Piecing Together the StatePiecing Together the State--Tribal TaxTribal Tax

PuzzlePuzzle

Wash. Dept of Revenue:Wash. Dept of Revenue:

Indian CountryIndian Country

Indian Guide to Washington State ExciseIndian Guide to Washington State ExciseTaxesTaxes (2004)(2004)

law concerning america's original indian tribes

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