Public-domain · open source
OpenJurist

Native Peoples Law

Permalink

Compiled from primary legal sourcesNot legal adviceHow we source this

Native peoples law concerns the legal rights, status, and self-government of Indigenous nations and their members. It is a specialized field shaped by the unique legal and historical relationship between Indigenous nations and government.

This area covers a broad range of topics, including the recognized authority of Indigenous nations to govern themselves, questions of jurisdiction over people and activities within their lands, the protection of lands and natural resources, the rights established through treaties and other agreements, the welfare of Indigenous children, and the relationship between Indigenous nations and other governments.

Key concepts a non-lawyer should understand include the idea that Indigenous nations are recognized as having their own governments and a degree of self-governing authority; that questions of which government's law applies, and which courts have authority, can be especially complex in this area; and that treaties and longstanding legal principles play a central role in defining rights. Because of this, the field often involves the interaction of multiple legal systems.

This area is most relevant to Indigenous nations, their members, and those who interact with Indigenous governments or operate on or near their lands. People typically consult a lawyer experienced in this field to understand jurisdiction, rights, governance, or the resolution of disputes within this distinctive legal framework.

Share of classified federal decisions

1968197019801990200020072.6%0
share of classified federal decisions

Of the federal decisions we've classified by topic, the share each year that fall under this practice area — so a persistently high line means this is a large, enduring share of federal litigation. This is not a share of all litigation: only part of the corpus is topic-classified (unevenly across eras), and an opinion can belong to several areas, so areas need not sum to 100%. State cases are largely unclassified, so this is federal only. The dip in the last several years is a data-coverage gap — our corpus holds fewer opinions from the most recent years — not a real decline.

From the OpenJurist Bookshop

View all Native Peoples Law books →

Related practice areas

Administrative LawBonds and Government Finance LawCivil Rights LawConstitutional LawElection Campaign and Political LawEnvironmental LawFalse Claims Act LawGovernment Contract Law

Primary law

The governing U.S. Code, statutes and founding documents for Native Peoples Law.

Key definitions

Defined terms that recur in native peoples law — each links to its dictionary entry.

TreatySovereigntyReservationAllotmentTrustJurisdictionImmunityWardshipTerminationPlenaryCession

Landmark cases

Landmark cases are the Supreme Court decisions that defined or reshaped Native Peoples Law — establishing the controlling principles courts still apply. Current law leads; where a decision overruled an earlier landmark, the superseded case is shown beneath it.

Superseded decisions

Key cases of the U.S. Courts of Appeals

The most-cited decisions applying U.S. Code Title 25 (Indians) — beyond the landmark cases above.

Native Peoples Law by state

Courts, law libraries and state-specific resources. State law governs much of this area, so deadlines and rules vary by state.

Further reading

  • Self-Determination of Peoples - Paperback
    Self-Determination of Peoples - Paperback
    Antonio Cassese
  • Politics and International Law - Paperback
    Politics and International Law - Paperback
    Leslie Johns
  • Truth in Our Times: Inside the Fight for Press Freedom in the Age of Alternative Facts - Paperback
    Truth in Our Times: Inside the Fight for Press Freedom in the Age of Alternative Facts - Paperback
    David E. McCraw
  • Cooperation Without Submission: Indigenous Jurisdictions in Native Nation-Us Engagements - Hardcover
    Cooperation Without Submission: Indigenous Jurisdictions in Native Nation-Us Engagements - Hardcover
    Justin B. Richland
  • Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands - Paperback
    Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands - Paperback
    Lindsay G. Robertson
  • Prime Example: The True Story of the Case That Saved Alternative Medicine in New York State - Paperback
    Prime Example: The True Story of the Case That Saved Alternative Medicine in New York State - Paperback
    Robert H. Harris
  • Cooperation Without Submission: Indigenous Jurisdictions in Native Nation-Us Engagements - Paperback
    Cooperation Without Submission: Indigenous Jurisdictions in Native Nation-Us Engagements - Paperback
    Justin B. Richland
  • Multi-Criteria Methods for Alternative Dispute Resolution: With Microcomputer Software Applications - Hardcover
    Multi-Criteria Methods for Alternative Dispute Resolution: With Microcomputer Software Applications - Hardcover
    Stuart S. Nagel
  • Star Wars and Conflict Resolution: There are Alternatives to Fighting - Paperback
    Star Wars and Conflict Resolution: There are Alternatives to Fighting - Paperback
  • Deen's List: ABC's on ADR, A Handbook on alternative dispute resolution for busy professionals, parties, persons, practitioners, & participants - Paperback
    Deen's List: ABC's on ADR, A Handbook on alternative dispute resolution for busy professionals, parties, persons, practitioners, & participants - Paperback
    Jr. Braswell D. Deen
  • Indigenous Peoples in International Law - Paperback
    Indigenous Peoples in International Law - Paperback
    S. James Anaya
  • The Law School Alternative: The shorter, more affordable path to a law-related career - Paperback
    The Law School Alternative: The shorter, more affordable path to a law-related career - Paperback
    Jolene Blackbourn
  • Deceased Estates. The Executor's Challenge for Everyone: The Alternative to a Discretionary Living Trust - Paperback
    Deceased Estates. The Executor's Challenge for Everyone: The Alternative to a Discretionary Living Trust - Paperback
    Mervin Messias
  • Interests, Auxiliary and Alternative Remedies in International Arbitration - Paperback
    Interests, Auxiliary and Alternative Remedies in International Arbitration - Paperback
    Filip De Ly
  • The Rights of Peoples - Paperback
    The Rights of Peoples - Paperback
    James Crawford
  • Skull Wars: Kennewick Man, Archaeology, and the Battle for Native American Identity - Paperback
    Skull Wars: Kennewick Man, Archaeology, and the Battle for Native American Identity - Paperback
    David Hurst Thomas
  • War Crimes and Justice: A Reference Handbook - Hardcover
    War Crimes and Justice: A Reference Handbook - Hardcover
    Howard Ball
  • Our Trees: A Popular Account Of The Trees In The Streets And Gardens Of Salem, And Of The Native Trees Of Essex Country, Massachusetts (1891) - Paperback
    Our Trees: A Popular Account Of The Trees In The Streets And Gardens Of Salem, And Of The Native Trees Of Essex Country, Massachusetts (1891) - Paperback
    John Robinson
  • Injustice in Indian Country: Jurisdiction, American Law, and Sexual Violence Against Native Women - Hardcover
    Injustice in Indian Country: Jurisdiction, American Law, and Sexual Violence Against Native Women - Hardcover
  • Structured Negotiation: A Winning Alternative to Lawsuits, Second Edition - Paperback
    Structured Negotiation: A Winning Alternative to Lawsuits, Second Edition - Paperback
    Lainey Feingold
  • Indigenous Peoples Rights In Forest Management in Indonesia - Paperback
    Indigenous Peoples Rights In Forest Management in Indonesia - Paperback
    Mariane Irene
  • Federal Anti-Indian Law: The Legal Entrapment of Indigenous Peoples - Paperback
    Federal Anti-Indian Law: The Legal Entrapment of Indigenous Peoples - Paperback
    Peter P. D'Errico
  • The United Nations Declaration on the Rights of Indigenous Peoples: A Contemporary Evaluation - Paperback
    The United Nations Declaration on the Rights of Indigenous Peoples: A Contemporary Evaluation - Paperback
  • Who Owns Native Culture? - Paperback
    Who Owns Native Culture? - Paperback
    Michael F. Brown

This overview is general legal information, not legal advice, and does not create an attorney–client relationship. Laws vary by state and change over time — consult a licensed attorney about your situation.