Federal Indian Law Cases, Statutes, and Regulations

Indigenous peoples, "more than any other ethnic group, are subject to extensive legal regulation of their rights." David H. Getches et al., Federal Indian Law 1 (Thomson-West 2005). Below is a non-exhaustive listing of links to U.S. law cases, statutes, and regulations affecting indigenous peoples.

The Cherokee Cases: Three early U.S. Supreme Court decisions that laid down influential legal doctrine concerning the sovereign legal status of indigenous peoples in the United States.

  • Johnson v. McIntosh, 21 U.S. 543 (1823)
    The Court held as invalid land grants made by tribes to private individuals before passage of the Trade and Intercourse Act.
  • Cherokee Nation v. State of Georgia, 31 U.S. 515 (1832)
    The Court determined that tribes were domestic dependent nations rather than foreign states.
  • Worcester v. State of Georgia, 31 U.S. 515 (1832)
    The Court held that the state of Georgia lacked jurisdiction over activities occurring within Cherokee territory.

Seminal U.S. Supreme Court Cases Regarding Federal Indian Law

Recent U.S. Supreme Court Cases Regarding Federal Indian Law (1991-2008)

Opinions of the Solicitor of the Department of Interior Regarding Indian Affairs (1917-1974)

Indian Claims Commission (ICC) Decisions (1946-1973)

U.S. Code Title 25 - Indians

Title 25 C.F.R. - Indians

Indian Civil Rights Act of 1968
25 U.S.C. §§ 1301-03

Federal Court Jurisdiction Over Civil Actions Brought by Indian Tribes
28 U.S.C. § 1362

Tribal Court Jurisdiction
18 U.S.C. § 1152

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