Cohen's Handbook of Federal Indian Law. Sample Enlarge cover Cohen's Handbook of Federal Indian LawAvailable to students & faculty on Lexis Digital Library.
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