The Rights of Indians and Tribes

by Stephen L. Pevar

Overview

The Rights of Indians and Tribes explains Federal Indian Law in a conversational manner, yet is highly authoritative, containing over 2000 footnotes with citations to relevant court decisions, statutes, and agency regulations. Since its initial publication in 1983 it has sold over 150,000 copies. It is user-friendly and particularly helpful for tribal advocates, students, government officials, lawyers, and members of the general public.

The book uses a question-and-answer format and covers every important subject impacting Indians and tribes today and discusses which governments-tribal, state, and federal-have authority on Indian reservations. This fully-updated fifth edition provides a Foreword by John Echohawk, Director of the Native American Rights Fund, and covers the most significant legal issues facing Indians and Indian tribes. This includes the regulation of non-Indians on reservations, definitions of important legal terms, Indian treaties, the Indian Civil Rights Act, the Indian Gaming Regulatory Act, and the Indian Child Welfare Act.

Product Details

ISBN-13:	9780190077563
Publisher:	Oxford University Press
Publication date:	02/29/2024
Edition description:	5th ed.
Pages:	560
Sales rank:	378,518
Product dimensions:	5.80(w) x 9.00(h) x 1.40(d)

About the Author

Stephen L. Pevar served on the national legal staff of the American Civil Liberties Union for 45 years and has litigated more than 175 cases on a broad range of civil liberties issues throughout the United States. From 1971-1974, Mr. Pevar was a Legal Services attorney on the Rosebud Sioux Indian Reservation in South Dakota. He taught Federal Indian Law for 16 years at the University of Denver School of Law, and later at NYU Law School. He currently teaches an Indigenous justice course at Yale Law School.

Table of Contents

I. A History of Federal Indian Policy
II. Definitions: Indian, Indian Tribe, Indian Country, and Indian Title
III. The Trust Responsibility
IV. Indian Treaties
V. Federal Power over Indian Affairs
VI. Tribal Self-Government
VII. Criminal Jurisdiction in Indian Country
VIII. Civil Jurisdiction in Indian Country
IX. Taxation
X. Indian Hunting and Fishing Rights
XI. Indian Water Rights
XII. Civil Rights of Indians
XIII. The Indian Civil Rights Act
XIV. The Unique Status of Certain Native American Groups
XV. Indian Gaming
XVI. The Indian Child Welfare Act
XVII. Judicial Review

Editorial Reviews

Gr 6-Up-As a law professor with experience litigating Indian rights cases, and as an ACLU employee, Pevar is well qualified to explain and discuss the rights afforded and denied to Native Americans. The beginning chapter briefly reviews the historical policies and relationships between Indians and non-Indians throughout the U.S. from 1492 to the present. The remaining 15 chapters each address a different aspect of Indian rights in a question-and-answer format. The writing is clear and straightforward, even though many of the concepts are convoluted and potentially confusing. Definitions for legal terms, or words not in common usage, are provided when needed, and many examples are used to clarify the laws and policies described. Occasional repetition is necessary to clarify different, but related situations. While much of the information may be of primary interest to Native Americans, all Americans can gain from a knowledge of the subjects covered. A worthwhile purchase, especially where Native populations form part of the clientele.Darcy Schild, Schwegler Elementary School, Lawrence, KS

School Library Journal

"As a tribal leader, this book is invaluable. Stephen Pevar explains the complexities of federal Indian law in a conversational manner." - Mark Woommavovah, Chairman, Comanche Nation, Oklahoma (Comanche)

"Every Native person should read this book!" - Suzan Shown Harjo, President, The Morning Star Institute (Cheyenne and Hodulgee Muscogee)

"Stephen Pevar's book is an extraordinary service to Indian Country. It makes federal Indian law accessible to lawyers and non-lawyers alike. It is truly a one-of-a-kind resource." - Mark Carter (Citizen Potawatomi Nation) Attorney, American Civil Liberties Union, Racial Justice Program

"Stephen Pevar's book remains the authoritative text on Indigenous human rights in America. . . it's a must-read." - Gabriel. S. Galanda, Indigenous rights lawyer, Round Valley (Nomlaki/Concow)

"Anyone looking to advocate for the restoration of tribal sovereignty that has been wrongfully limited should start here, on page one." - -Mary Kathryn Nagle (Cherokee), Attorney and Playwright

"This is a remarkable book, and there is nothing else like it. It explains the complex subject of federal Indian law in a clear and concise way." - Honorable B.J. Jones, Director-Tribal Judicial Institute-UND School of Law and Chief Judge Prairie Island Indian Community.

"I highly recommend this book. Many federal employees, including myself, rely on it. The book gives clear, useful, and well-documented answers for anyone approaching the vast and often intimidating subject of federal Indian law." - Lori Windle, Board Director, Society of American Indian Government Employees (Minnesota Chippewa, White Earth)

From the Publisher