Tribal law is notably is distinct from federal Indian law. Whereas federal Indian law concerns the relationship between federal, state, and tribal governments, tribal law is the law tribes develop and apply to their members and territories.
For more on tribal law sources, see:
Indigenous Law Resources from the Library of Congress brings together Library of Congress Collections, National Indigenous Legal Organizations and Federal Agencies, and Research Guides and Starting Points in one place.
Select tribal constitutions and codes, historical and more recent. Search across tribes. Also links to tribal judicial opinions on other websites
A selective list of some primary and secondary tribal legal sources held by the Law Library of Congress. Grouped by band and nation.
Select codes and tribal opinions (including those from West's American Tribal Law Reporter) from 1990s-present.
Effectively representing Indian nations and tribes requires an understanding of the laws, history and policies that affect them.
The complexity of "Indian law" – and the lack of specific programs designed to educate graduates about the unique legal and cultural needs of Indian people – has created a situation in which lawyers representing Indian tribes place too great an emphasis on state law and federal law when dealing with Indian nations. As a result, these lawyers may unconsciously be contributing to the weakening of unique tribal legal and governance traditions by recommending the adoption of tribal laws and policies founded upon the Anglo-American legal and political traditions rather than the unique traditions of their tribal clients.
Legal professionals who will represent Indian nations must be equipped with the skills necessary to appreciate and strengthen the unique nature of Indigenous tribal legal systems.
