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Cohen's Handbook of Federal Indian Law

Cohen's Handbook of Federal Indian Law

An encyclopedic and expertly written treatise on federal Indian law.


Availability: In Stock
Publisher :LexisNexis
Format: One hardbound volume, updated every other year , BOOK

ISBN: 9780769855165

2012
 
$231.00
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    Note: If you do not subscribe to Cohen's Handbook of Federal Indian Law and wish to purchase the current supplement alone, please contact Telephonic Sales at 800-223-1940. If you are a current subscriber, you should receive this supplement automatically. If you have not received it, please contact Customer Service at 800-833-9844.

    Cohen's Handbook of Federal Indian Law is an encyclopedic treatise written by experts in the field, and provides general overviews to relevant information as well as in-depth study of specific areas within this complex area of federal law. This is an updated and revised edition of what has been referred to as the "bible" of federal Indian law. This publication focuses on the relationship between tribes, the states and the federal government within the context of civil and criminal jurisdiction, as well as areas of resource management and government structure. The 2012 Edition of Cohen's Handbook of Federal Indian Law also includes coverage of:

    •   Current topics such as Indian gaming and taxation
    •   History and structure of tribal governments and tribal law
    •   Tribal and individual Indian property rights, including intellectual property rights
    •   Water rights
    •   Hunting, fishing, and gathering rights
    •   Economic development issues
    •   Government programs

    This compact publication is the only comprehensive treatise explicating one of the most difficult areas of federal law. Used by judges as well as practitioners, this publication provides the tools to understand the law and to find relevant cases, statutes, regulations, and opinions critical to answering legal questions about federal Indian law. This updated edition remains the definitive guide to federal Indian law.

    Table of Contents

    WHAT IS FEDERAL INDIAN LAW?

    CHAPTER 1 HISTORY & BACKGROUND OF FEDERAL INDIAN POLICY
    § 1.01 Why History Matters
    § 1.02 Post-Contact and Pre-Constitutional Development (1492-1789)
    § 1.03 The Formative Years (1789-1871)
    § 1.04 Allotment and Assimilation (1871-1928)
    § 1.05 Indian Reorganization (1928-1942)
    § 1.06 Termination (1943-1961)
    § 1.07 Self-Determination and Self-Governance (1961-present)

    CHAPTER 2 PRINCIPLES OF INTERPRETATION
    § 2.01 The Field of Federal Indian Law
    § 2.02 Canons of Construction
    § 2.03 Federal Laws of General Applicability

    CHAPTER 3 INDIAN TRIBES, INDIANS, AND INDIAN COUNTRY
    § 3.01 The Primary Definitions of Indian Law
    § 3.02 Definition of Tribe
    § 3.03 Definition of Indian
    § 3.04 Indian Country

    CHAPTER 4 INDIAN TRIBAL GOVERNMENTS
    § 4.01 Inherent Tribal Sovereignty
    § 4.02 Federally Imposed Limitations on Tribal Powers
    § 4.03 Congressional Authorization of Tribal Powers
    § 4.04 Tribal Governments
    § 4.05 Tribal Law
    § 4.06 Tribal Voting Rights and Election Law
    § 4.07 Specific Native Groups

    CHAPTER 5 TRIBAL/FEDERAL RELATIONSHIP
    § 5.01 Sources of Federal Power Over Indians
    § 5.02 Scope of Federal Authority over Indian Affairs
    § 5.03 The Role and Power of the Bureau of Indian Affairs
    § 5.04 Limitations on Federal Power
    § 5.05 Enforcement of the Federal-Indian Trust Against the Executive
    § 5.06 Indian Claims Against the United States
    § 5.07 The Role of International Law

    CHAPTER 6 TRIBAL/STATE RELATIONSHIP
    § 6.01 General Principles Regarding Tribal and State Authority Over Indian Affairs
    § 6.02 Tribal Governing Power
    § 6.03 State Governing Power in the Absence of Federal Authorization
    § 6.04 State Jurisdiction Through Federal Authorization
    § 6.05 Tribal-State Cooperative Agreements

    CHAPTER 7 CIVIL JURISDICTION
    § 7.01 Relation Between Legislative and Adjudicative Jurisdiction
    § 7.02 Tribal Jurisdiction
    § 7.03 State Jurisdiction
    § 7.04 Federal Jurisdiction
    § 7.05 Sovereign Immunity
    § 7.06 Choice of Law
    § 7.07 Enforcement of Judgments

    CHAPTER 8 TAXATION
    § 8.01 Introduction
    § 8.02 Federal Taxes
    § 8.03 State Taxes
    § 8.04 Tribal Taxes
    § 8.05 The Problem of Multiple Tribal and State Taxation
    § 8.06 Status of Persons or Entities Taxed

    CHAPTER 9 CRIMINAL JURISDICTION
    § 9.01 Introduction
    § 9.02 Federal Adjudicative Jurisdiction
    § 9.03 State Jurisdiction
    § 9.04 Tribal Jurisdiction
    § 9.05 Double Jeopardy
    § 9.06 Establishing Locus/Conduct Occurring Both Inside and Outside of Indian Country
    § 9.07 Authority of Law Enforcement Officers
    § 9.08 Extradition
    § 9.09 Punishment, Incarceration, and Writ of Habeas Corpus

    CHAPTER 10 ENVIRONMENTAL REGULATION IN INDIAN COUNTRY
    § 10.01 Sources of Environmental Authority in Indian Country
    § 10.02 Tribes as Primary Regulators under Federal Statutes
    § 10.03 Federal Pollution Control Regulations
    § 10.04 Federal Regulation of Wastes and Hazardous Materials
    § 10.05 Federal Environmental Response and Remediation Statutes
    § 10.06 Enforcement of Environmental Laws
    § 10.07 Federal Environmental Assistance to Tribes
    § 10.08 Environmental Impact Assessment

    CHAPTER 11 INDIAN CHILD WELFARE ACT
    § 11.01 Legislative History and Purpose
    § 11.02 The Scope of ICWA: Threshold Requirements
    § 11.03 Jurisdiction and Enforcement of Judgments
    § 11.04 Procedural Protections in State Court
    § 11.05 Substantive Rights of the Child, Tribe, and Parent
    § 11.06 Constitutionality of the Indian Child Welfare Act
    § 11.07 The Existing Indian Family Doctrine
    § 11.08 Relation of ICWA to the Adoption and Safe Families Act of 1997
    § 11.09 Relation of ICWA to State Laws Protecting Indian Children

    CHAPTER 12 INDIAN GAMING
    § 12.01 The Emergence of Gaming
    § 12.02 The Indian Gaming Regulatory Act
    § 12.03 Classes of Gaming
    § 12.04 Land Available for Gaming
    § 12.05 Tribal-State Compacts
    § 12.06 Remedies for Refusal to Bargain in Good Faith
    § 12.07 Other Remedies
    § 12.08 Review of Indian Gaming Contracts
    § 12.09 Gaming Enterprise Ownership and Use of Indian Gaming Revenues

    CHAPTER 13 FEDERAL INDIAN LIQUOR LAWS
    § 13.01 Federal Statutory Scheme
    § 13.02 State and Tribal Authority

    CHAPTER 14 CIVIL RIGHTS
    § 14.01 Citizenship
    § 14.02 Rights of Indians as United States Citizens and Residents of the States
    § 14.03 Federal Constitutional Rights of Individual Indians
    § 14.04 Civil Rights of Persons Under Tribal Authority

    CHAPTER 15 TRIBAL PROPERTY
    § 15.01 The Importance of the Indian Land Base in Preserving Tribal Existence and Sovereignty
    § 15.02 Tribal Property
    § 15.03 Trust Status
    § 15.04 Forms of Tribal Property
    § 15.05 Territorial Scope
    § 15.06 Federal Restraint on Alienation
    § 15.07 Land Acquisition and Consolidation
    § 15.08 Protection of Tribal Property against Unauthorized Use
    § 15.09 Extinguishment and Taking
    § 15.10 Tribal Personal Property

    CHAPTER 16 INDIVIDUAL INDIAN PROPERTY
    § 16.01 Individual Interests in Tribal Property
    § 16.02 Individual Original Indian Title
    § 16.03 Allotments
    § 16.04 Trust Personalty
    § 16.05 Inheritance, Wills, and Probate

    CHAPTER 17 NATURAL RESOURCES
    § 17.01 Control of Tribal Natural Resources
    § 17.02 Surface Uses
    § 17.03 Mineral Resources
    § 17.04 Forest Resources

    CHAPTER 18 HUNTING, FISHING, AND GATHERING RIGHTS
    § 18.01 Aboriginal Hunting, Fishing, and Gathering Rights
    § 18.02 Origin of Reserved Hunting, Fishing, and Gathering Rights
    § 18.03 On-Reservation Indian Hunting, Fishing, and Gathering Rights
    § 18.04 Off-Reservation Hunting, Fishing, and Gathering Rights
    § 18.05 The Effect of International Agreements
    § 18.06 Regulation of Nonmember Activities in Indian Country
    § 18.07 Termination and Abrogation of Hunting, Fishing, and Gathering Rights
    § 18.08 Cooperative Agreements, Compacts, and Comanagement

    CHAPTER 19 WATER RIGHTS
    § 19.01 Relation between Indian and State Water-Law Systems
    § 19.02 Sources of Indian Water Rights
    § 19.03 The Reserved Rights Doctrine
    § 19.04 Regulation of Water Rights
    § 19.05 Determination of Water Rights
    § 19.06 Federal Protection of Indian Water Rights

    CHAPTER 20 TRIBAL CULTURAL RESOURCES
    § 20.01 Nature and Ownership of Indian Cultural Resources
    § 20.02 Protection and Restoration of Cultural Resources

    CHAPTER 21 ECONOMIC DEVELOPMENT
    § 21.01 Tribal Economic Development
    § 21.02 The Legal Dimensions of Development
    § 21.03 Tribal Finance
    § 21.04 Government Programs to Promote Development

    CHAPTER 22 GOVERNMENT SERVICES FOR INDIANS
    § 22.01 Introduction
    § 22.02 Indian Self-Determination and Education Assistance Act: P.L. 93-638
    § 22.03 Education
    § 22.04 Health Care
    § 22.05 Housing
    § 22.06 Social Services and Financial Assistance
    § 22.07 Support for Tribal Justice Systems and Legal Services

    TABLE OF CASES
    TABLE OF STATUTES
    INDEX

     


    Editor-in-Chief

    Nell Jessup Newton
    The Joseph A. Matson Dean and
    Professor of Law
    Notre Dame Law School

    Executive Editors

    Robert T. Anderson
    Director, Native American Law Center
    Professor of Law
    University of Washington School of Law
    Oneida National Visiting Professor of Law
    Harvard Law School

    Bethany R. Berger
    Professor of Law
    University of Connecticut School of Law

    Carole E. Goldberg
    Jonathan D. Varat Distinguished Professor of Law
    Vice Chancellor, Academic Personnel
    UCLA School of Law

    John P. LaVelle
    Professor of Law
    University of New Mexico School of Law

    Judith V. Royster
    Professor of Law
    Director of the Native American Law Certificate Program and Co-Director of the Native American Law Center
    University of Tulsa College of Law

    Joseph William Singer
    Bussey Professor of Law
    Harvard Law School

    Kevin Washburn
    Dean and Professor of Law
    University of New Mexico School of Law

    Contributing Authors
    In Memoriam

    Philip P. Frickey (1953-2010)
    Alexander F. & May T. Morrison, Professor of Law
    University of California, Berkeley School of Law

    David Getches (1942-2011)
    Dean and Raphael J. Moses Professor of Natural Resources Law
    University of Colorado, Boulder

    Contributing Author to 2012 edition

    Melody Kapilialoha MacKenzie
    Associate Professor of Law
    Director, Ka Huli Ao Center for Excellence in Native Hawaiian Law
    University of Hawaii at Manoa
    William S. Richardson School of Law

    Contributing Authors to 2005 edition

    Kenneth Bobroff
    Jo Carrillo
    Gavin Clarkson
    Richard B. Collins
    Barbara L. Creel
    N. Bruce Duthu
    Lorie M. Graham
    Sarah Krakoff
    Robert Laurence
    Stacy Leeds
    Vicki J. Limas
    Melody Kapilialoha MacKenzie
    Richard Monette
    Valerie J. Phillips
    Frank Pommersheim
    G. William Rice
    Lindsay G. Robertson
    Pat Sekaquaptewa
    Alexander Tallchief Skibine
    Dean B. Suagee
    Melissa L. Tatum
    Gloria Valencia-Weber
    Mary Christina Wood
    Kevin J. Worthen
    Christine Zuni Cruz

     

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Cohen's Handbook of Federal Indian Law
 An encyclopedic and expertly written treatise on federal Indian law.