The Rights of Indians and Tribes, Third Edition: The Basic ACLU Guide to Indian and Tribal Rights / Edition 3

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This informative guide thoroughly discusses the legal powers of Indian tribes; civil and criminal jurisdiction on Indian reservations; Indian hunting, fishing, and water rights; taxation in Indian country; the Indian Civil Rights Act; the Indian Child Welfare Act; and tribal jurisdiction over non-Indians.

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Editorial Reviews

From the Publisher
“This is exactly the kind of information we need to get out to Indian country. The book can help to advance the rights of Native Americans, because it explains the complex legal issues in a comprehensible, straightforward manner.” —John E. Echohawk, Executive Director, Native American Rights Fund

“Indian Country faces countless challenges regarding our historical, moral, and legal rights as tribal governments. As a tribal leader, I have found Stephen Pevar’s book to be both an excel­lent and useful resource to refresh my understanding of Indian law and rights. His book pro­vides clear rationale on the many issues that surface in our dealings with federal, state, and local governments as well as the general public.”—W. Ron Allen, Chairman, Jamestown S’Klallam Tribe and President, National Congress of American Indians, 1995–1999

“The format of the book. . . anticipates questions that everyone has and gives a concise an­swer to them. People should find the book very helpful in understanding the complexity of Indian law.”—Vine Deloria Jr., author of Custer Died for Your Sins and We Talk, You Listen


“Many federal employees, including myself, rely on the valuable information provided in this comprehensive and accessible handbook. This book gives clear, useful, and well-documented answers for anyone approaching the vast and often intimidating subject of Federal Indian law. I highly recommend it.”—Lori Windle, Member, Minnesota Chippewa Tribe, and Videographer, Dept. of the Interior

“Every Indian should have this book.”—Vicky Santana, attorney and member of the Blackfeet Tribe of Montana

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Product Details

  • ISBN-13: 9780809324750
  • Publisher: Southern Illinois University Press
  • Publication date: 10/28/2002
  • Series: ACLU Handbook Series
  • Edition description: 1st Edition
  • Edition number: 3
  • Pages: 352
  • Product dimensions: 4.25 (w) x 6.88 (h) x 0.75 (d)

Meet the Author

Stephen L. Pevar is a Senior Staff Counsel for the ACLU. He has taught at the Univer­sity of Denver School of Law and lectured extensively on the subject of Indian and tribal rights.

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Table of Contents

Introduction to the ACLU Handbook Series
Map: Indian Reservations and Communities in the United States
I A History of Federal Indian Policy 1
II Definitions: Indian, Indian Iribe, Indian Country, and Indian Title 18
III The Trust Responsibility 32
IV Indian Treaties 46
V Federal Power over Indian Affairs 57
VI Tribal Self-Government 86
VII State Power over Indian Affairs 119
VIII Criminal Jurisdiction in Indian Country 142
IX Civil Jurisdiction in Indian Country 167
X Taxation 188
XI Indian Hunting and Fishing Rights 214
XII Indian Water Rights 239
XIII Civil Rights of Indians 260
XIV The Indian Civil Rights Act 278
XV The Unique Status of Certain Indian Groups 292
XVI Indian Gaming 319
XVII The Indian Child Welfare Act 333
XVIII Judicial Review 353
App. A The Indian Civil Rights Act (25 U.S.C. Sections 1301-3) 383
App. B Public Law 83-280 (18 U.S.C. Section 1162, 28 U.S.C. Section 1360) 385
App. C The Indian Country Crimes Act (18 U.S.C. Section 1152) 388
App. D The Major Crimes Act (18 U.S.C. Section 1153) 389
App. E Indian Country" (18 U.S.C. Section 1151) 390
App. F Indian Tribes in the States 391
Index 413
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  • Anonymous

    Posted January 6, 2003

    Excellent material in an accessible format

    This book is a must have for anyone who deals in any way with American Indian tribes or peoples. It has a question and answer format, and also provides extensive documentation of each chapter. This allows even the person who is not quite sure what to ask to go to the subject matter directly, and easily find the information they are looking for. The book is useful for American Indian people, who can use it to broaden their own understanding of the history of laws that regulate their lands and lives. It is also necessary information for those who work in state and federal governments, contractors, business people and others who come in contact through their work with Indian issues. This is an important work containing valuable material for anyone.

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