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Indigenous Law: Seeking to Protect Sacred Sites: Home

Indigenous Law is Native American and Tribal law. This LibGuide focuses on the different areas of law which could be used to protect sacred Indigenous sites. Often, Indigenous Law must be used in combination with property law, environmental law, and const

Introduction & Disclaimer

This pathfinder is a good source of information for Indigenous Law, specifically the various sources of law that could be used to protect sacred sites and environmental areas that Native Americans find important, historical, religious, sacred, ancestral, or claim ownership of. This pathfinder is a source of many hours of research.

Disclaimer: This pathfinder is not 100% comprehensive and students/lawyers/reader should do their own additional research on the topics covered in this pathfinder to verify the accuracy of the information, the sources, and any new laws or regulations that are present. Do not use this pathfinder as legal advise. Please advise a lawyer. 

What are primary and secondary sources for Native American law?

 

Primary Sources Secondary Sources 
  • Treaties 
  • Tribal Constitutions
  • Codes
  • Court Decisions 
  • Federal Law that impacts Natives 
  • Federal Regulations 
  • Special Court Decisions: Indian Claims Commission, U.S. Court of Claims)
  • Legislative History 
  • Tribal History
  • Anthropological Studies 
  • Language and Cultural aspects 

 

 

What is Tribal Sovereignty?

Examples of Sacred Native American Places

North Dakota Pipeline Standoff: Police Clash With Native American Protesters | TODAY

Interactive Map of Native Land.

This interactive map allows you to see which Native American tribes, reservations, languages, and treaties are in a given region. 

Law Review Articles

  • Matthew L.M. Fletcher, Toward a Theory of Intertribal and Intratribal Common Law, 43 Houston Law Review 701 (Summer 2006).

  • Gloria Valencia-Weber, Tribal Courts: Custom and Innovative Law, 24 New Mexico Law Review 225 (1994). 

  • Michalyn Steel and Stephanie Hall Barclay, Rethinking Protections for Indigenous Sacred Sites, 134 Harv. L. Rev. 1294 (Feb 10, 2021). 

  • Joel Brady, "Land Is Itself a Sacred, living Being": Native American Sacred Site Protection On Federal Public Lands Amidst The Shadows of Bear Lodge, Vol. 24, No. 1 American Indian Law Review (1999/2000). 

  • Robert D. Cooter and Wolfgang Fikentscher, Indian Common Law: The Role of Custom in American Indian Tribal Courts, 46 AM. J COMP. L. 287 (1998).

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