ABOUT THE "HOW TO BUILD A TRIBAL
LEGAL HISTORY" WEB SITE |
STEP 1 | Legal building blocks | |
| STEP 2 | Statutes and court cases | ||
| STEP 3 | Compacts & settlements | ||
| STEP 4 | Administrative law | ||
| STEP 5 | Other documents | ||
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This Web site describes a step-by-step process for finding the documents needed to build a tribal legal history. Step 1 identifies very basic information. Each additional step will expand the legal history archive to the desired level of comprehensiveness. Of course, every type of document will not be found for every Indian nation.
At each of the five steps, this Web site guides researchers to the most authoritative electronic and print sources, offering alternative sources when available. The significance of the legal documents are explained and research tips are given.
The LINK TO completed LEGAL HISTORIES leads to a tribal listing of compiled archives.
IMPORTANCE OF TRIBAL LEGAL HISTORY
Every American Indian tribe and Alaska Native village has a unique legal history. As self-governing sovereigns, these entities are empowered to develop and implement their own internal laws and legal systems.
In addition to tribal law, Indian nations are influenced by the body of federal law flowing from the legal relationship between the tribe and the United States government. This relationship is forged over time and recorded in documents such as treaties, statutes, court cases, and administrative agency rules and decisions. A collected archive of these documents constitutes the federal legal history of the tribe. Examples of information that may be captured in the federal legal record include land ownership, water rights, and tribal claims against the federal government.
Although tribes and their advocates can benefit enormously from access to a complete archive of tribal legal history documents, relatively few have been compiled. Some Indian nations may not have access to even basic resources--such as treaties--that fundamentally shape the legal character of their government-to-government relationship with the United States.
BUILDING A TRIBAL LEGAL HISTORY STEP-BY-STEP
First, look for a shortcut. A legal history or collection of relevant documents may already have been compiled for the tribe you are researching. The compilation may be published, on the tribal web site at a tribal library, or linked from this site.
Another shortcut might be found in a court decision applying to the tribe and giving citations to treaties and other legal documents. Likewise, published writings about the tribe--articles, history books, and legal writings-- may have references to key documents.
If you need assistance in identifying potential shortcuts or conducting research, consult with a librarian. After the following outline of research steps, each is individually explained.
THE FIVE STEPS
STEP 1: LEGAL BUILDING BLOCKS
1-1. TREATIES & AGREEMENTS
1-2. EXECUTIVE ORDERS & PROCLAMATIONS
STEP 2: STATUTES AND COURT CASES
2-1. STATUTES SPECIFIC TO A TRIBE
2-2. STATUTES OF GENERAL APPLICATION TO TRIBAL GOVERNMENTS
2-3. COURT CASES SPECIFIC TO A TRIBE
2-4. COURT CASES OF GENERAL APPLICATION TO TRIBAL GOVERNMENTS
STEP 3: COMPACTS AND SETTLEMENT AGREEMENTS
3-1. TRIBAL-STATE GAMING COMPACTS
3-2. OTHER COMPACTS & SETTLEMENT AGREEMENTS AFFECTING TRIBES
STEP 4: ADMINISTRATIVE LAW
4-1. ADMINISTRATIVE RULES & REGULATIONS SPECFIC
TO A TRIBE
4-2. ADMINISTRATIVE RULES & REGULATIONS OF GENERAL APPLICATION TO
TRIBAL GOVERNMENTS
4-3. ADMINISTRATIVE DECISIONS SPECIFIC TO A TRIBE
4-4. ADM INISTRATIVE DECISIONS OF GENERAL APPLICATION TO TRIBAL GOVERNMENTS
4-5. INDIAN CLAIMS
STEP 5: OTHER LEGAL DOCUMENTS & DOCUMENTS
1-1. TREATIES & AGREEMENTS
DEFINITION: Treaties are written agreements between governments. In the United States, treaties are negotiated by the executive branch and take force when approved by the United States Senate. Treaties remain "the law of the land" unless they are abrogated (revoked) by one of the parties. In some instances, a slightly less formal "agreement" between governments may also have the force of law.
Hundreds of treaties and agreements between the federal government and tribal nations were signed in the years 1787 to 1871 (when Congress mandated an end to treaty-making). Not every tribe has a treaty or agreement with the federal government, but when one exists it is the cornerstone of a tribal legal history.
RESEARCH TIPS: Tribal names are generally distinctive enough to serve as effective search terms. Remember: (1) a few tribes entered more than one treaty with the U.S.; (2) a tribe may use a different name today than in the 1800s--search under the earlier name; and (3) in a few instances, treaty names do not mention all the parties. Definitive treaty identification is aided by a book with a careful listing of all the tribes involved in a treaty, whatever the treaty name: Charles D. Bernholz. Kappler Revisited: An Index and Bibliographic Guide to American Indian Treaties. Kenmore, NY: Epoch Books, Inc., 2003.
WHERE TO FIND TREATIES & AGREEMENTS:
Charles J. Kappler, comp. and ed. Indian Affairs. Laws and Treaties. vols. 1-5 (by Kappler); vols. 6-7 (Dept. of Interior). Washington, D.C.: Government Printing Office, 1904-41, 1979. One of the best available collections of Indian treaties is found in Volume 2. Kappler is available in online at Oklahoma State University: http://digital.library.okstate.edu/kappler
Statutes at Large of the United States is the official and authoritative source of Indian treaty texts. Volume 7 prints treaties from 1778 through 1845. After Volume 7, Indian treaties are published with other treaties in a separate section at the end of each volume. Volume 16 contains the last substantial number of treaties, although a few show up in later volumes. Indexing is volume-by-volume. Search by tribal name or the term "Indian treaties."
Vine Deloria, Jr. and Raymond J. DeMallie, eds. Documents of American Indian Diplomacy: Treaties, Agreements, and Conventions, 1775-1979, 2 vols. Norman: University of Oklahoma Press, 1999. Includes all identified treaty texts, whether or not ratified or currently in force (including the "lost" California treaties), as well as the treaties concluded with Indian tribes by the Republic of Texas and the Confederate States of America. Agreements between and among tribes are also included. The set is fully indexed in Volume 2.
1-2. EXECUTIVE ORDERS & PROCLAMATIONS
DEFINITION: Presidents of the United States may issue orders and proclamations to carry out their duties. Historically, many were issued in the conduct of Indian affairs. Between 1855 to 1919 blocks of public land were reserved to Indian tribes by presidential action. Executive orders also were used to extend federal trust periods over allotted reservation land, redefine reservation boundaries, and otherwise prescribe conditions of Indian land holdings. Congress voted itself exclusive power to set aside public lands for Indian reservations in 1919, but relevant orders and proclamations on other topics may appear after that date.
RESEARCH TIPS: Orders and proclamations have the the same legal significance--look for both. The manner of publishing presidential orders has changed over the years. They were not originally organized into numbered series. For these reasons it is best to bypass the difficult-to-research official sources in favor of compilations. Use of historical tribal names can be very effective in locating relevant orders and proclamations in indexes, but generic terms such as "Indian lands" and "Indian reservations" also should be checked.
WHERE TO FIND EXECUTIVE ORDERS AND PRESIDENTIAL PROCLAMATIONS:
CIS Index to Presidential Executive Orders and Proclamations, Bethesda, MD: Congressional Information Service, 1987. Thousands of executive orders and proclamations issued from 1789 forward are indexed. Search in this index by tribal names, geographical locations (e.g., Minnesota Territory), and search terms such as Indian Claims and Indian reservations. The publisher issued a companion set of microfiche to reproduce the text of each document.
Kappler, Charles J., comp. and ed. Indian Affairs. Laws and Treaties, vols. 1-5 (by Kappler); vols. 6-7 (Dept. of Interior). Washington, D.C.: Government Printing Office, 1904-41, 1979. Kappler is one of the best sources for early proclamations and executive orders relating to Indian law and policy. The Table of Contents of the "Laws" volumes lists "Executive Orders Relative to Indian Reservations" in a state-by-state arrangement. Proclamations also are listed with a brief explanation of their content. Kappler is available online at Oklahoma State University: http://digital.library.okstate.edu/kappler
United States. President. Executive Orders Relating to Indian Reservations, 1855-1922, 2 vols. Washington, D.C.: Government Printing Office, 1912, 1922. Reprint (2 vols. in 1). Wilmington, Del.: Scholarly Resources, Inc., 1975. This collection arranges a selection of executive orders geographically by the state location of reservation land affected by an order. An index by reservation is provided for the first volume, but not the second. The detailed table of contents can be used to find orders relating to a particular reservation.
STEP 2: STATUTES AND COURT CASES
2-1. STATUTES SPECIFIC TO A TRIBE
DEFINITION: Statutes are the laws passed by legislative bodies. The United States Congress enacts federal statutes; state statutes are enacted by the 50 separate state legislatures. Generally, tribal legal histories are concerned with federal laws, although state research is occasionally required. On many occasions, Congress has enacted laws that affect land holdings, water rights, or the claims of tribes for compensation.
RESEARCH TIPS: There are two records of the laws enacted: (1) " statutes" are a permanent chronological listing of every law passed by Congress or a legislature; and (2) "codes" are regularly updated subject arrangements of the laws now in force. Researchers must consider whether they need to consult the "statutes" for the official version of a law or an outdated law still important to the legal history of the tribe, or if they are seeking current laws in force that can be found in a "code."
The commercial published codes, United States Code Annotated or United States Code Service, have better indexing than official versions. The "annotations" after code sections refer to related case law, court rules, practice materials, and interpretive sources to aid in the understanding and application of the laws and can lead to other documents needed for a tribal legal history. The United States Code Annotated has a handy popular name table at the beginning of Title 25. Statutory research in contemporary Indian law should begin in the General Index volumes, under terms such as "Indian lands" and "Indians," as well as specific tribal names.
Historical research for laws affecting tribes is aided by special Indian law publications that pull together the text of the laws or give references to where the laws can be found.
WHERE TO FIND STATUTES SPECIFIC TO A TRIBE:
United States Code. Federal laws pertaining to Indians and currently in force are concentrated in Title 25, although other titles may contain Indian affairs laws. Commercially published annotated codes may be used.
Statutes at Large published by the federal government is the authoritative version of the laws.
Charles J. Kappler, comp. and ed. Indian Affairs. Laws and Treaties, vols. 1-5 (by Kappler); vols. 6-7 (Dept. of Interior). Washington, D.C.: Government Printing Office, 1904-41, 1979. Four volumes are devoted to statutes. The Department of the Interior update of Kappler's work includes laws in force as of 1967. Kappler is available online at Oklahoma State University: http://digital.library.okstate.edu/kappler
Felix S. Cohen Cohen. "Annotated Table of Statues and Treaties." in Handbook of Federal Indian Law ( pp. 485-608). Washington, D.C.: GPO, 1942. This table gives citations to the text of laws in the Statutes at Large.
2-2. STATUTES OF GENERAL APPLICATION TO TRIBAL GOVERNMENTS
DEFINITION: See 2-1 (above).
RESEARCH TIPS: Hundreds of laws applying generally to Indian tribes, Alaska natives, and Native Hawaiians have been enacted by Congress. Usually, a tribal legal history would not attempt to include statutes of general application. Exceptions might be made if a tribe has been involved in a court case, administrative negotiations with the Department of the Interior, or otherwise has a history that particularly involved the tribe with a general statute.
WHERE TO FIND STATUTES OF GENERAL APPLICATION: See 2-1 (above).
2-3. COURT CASES SPECIFIC TO A TRIBE
DEFINITION: The decisions of federal courts (also known as opinions) have significantly shaped Indian law and may be a key component of a tribe's legal history. The three levels of federal courts are:
(1) federal district courts are the trial courts of the federal system; most states are divided into two or more districts;
(2) federal courts of appeal are the circuit courts that decide appeals from all the district courts in their territory; and
(3) the United States Supreme Court is the nation's highest court and the final word in judicial matters.
It is rare for a significant Indian law case to be heard in a state court because the proper forum for Indian law matters is in the federal judicial system.
RESEARCH TIPS: When a case is appealed there may be decisions from all levels of the federal courts--each may be interesting to include in a legal history, but the only decision that counts as "good law" is the most recent opinion by the highest court that has ruled on the case.
Federal court decisions are printed in "official" government reports and in "unofficial" commercial publications that may offer additional information and interpretation of the case. For an informational legal history either an official or unofficial printing is acceptable. Both official and unofficial sources are known as "reporters" or "case reports."
Printed sets of court opinions arrange cases in chronological order, as decided. To find cases on a particular subject or tribe, it is necessary to use indexes called "digests." The Federal Digest indexes cases decided 1754-1938. Later cases are indexed in the various sets of the Modern Federal Practice Digests. All use the term "Indian" for indexing, with cross-references to other terms.
Cases are located using a "citation" which includes a volume number, an abbreviated name of the reporter, and a page number where the opinion begins. Example: Winters v. United States, 207 U.S. 564 (1908). The opinion is in volume 207 of the United States Reports starting at page 564. The case was decided in 1908.
Research in case law is made easier today by finding federal court opinions in online sources using the name of a tribe as a unique keyword search term.
WHERE TO FIND CASES SPECIFIC TO A TRIBE:
United States Reports (U.S.) The official source for decisions of the United States Supreme Court.
Federal Cases A commercially printed set that publishes decisions from the lower federal courts issued between1789-1880 (before Federal Reporter). Unlike most reporters it is arranged alphabetically by the name of the case.
Federal Reporter (F. and F.2d and F.3d for the new series) A commercially published reporter including decisions of the U.S. District Courts and the circuit Courts of Appeals from 1880-1932; after 1932 only Courts of Appeals decisions are reported.
Federal Supplement (F.Supp.) Publishes selected decisions of the U.S. District Court from 1932.
Indian Law Reporter, American Indian Lawyer Training Program, 1974- . A commercially published looseleaf service (updates can be interfiled for frequent updating) providing federal, state, and tribal court decisions and selected administrative decisions relating to Indian law. This publication can be found in many law libraries.
2-4. COURT CASES OF GENERAL APPLICATION TO TRIBAL GOVERNMENTS
DEFINITION: Decisions of the U.S. Supreme Court apply to all tribes, unless clearly limited by the facts of the case or by Court language. Likewise, a decision by a federal court of appeals--a circuit court--sets the legal rules for all the tribes within the jurisdiction of that court. "One size fits all" rulings are difficult to apply to the very different tribal nations, but, depending on circumstances, these general rulings may be important to a tribal legal history.
RESEARCH TIPS: See 2-3 above.
WHERE TO FIND CASES OF GENERAL APPLICATION TO A TRIBE: See 2-3 above.
STEP 3: COMPACTS AND SETTLEMENT AGREEMENTS
3-1. TRIBAL-STATE GAMING COMPACTS
DEFINITION: Gambling on Indian reservations is conducted under the terms of the Indian Gaming Regulatory Act (1988). This federal law requires tribes to negotiate an agreement, or compact, with the state in which the reservation is located. The compact is only needed if the tribe intends to run casino-style games (Class III gaming). The compact sets out the extent of the gaming operation and specifies how gaming revenue will be distributed. Compacts may include labor provisions and other details. The Secretary of the Interior must approve all tribal-state compacts. A tribe offering only bingo or card games similar to those already legal in their state need not enter into a compact with the state.
RESEARCH TIPS: The Secretary of the Interior must publish a notice in the Federal Register (see Step 4) announcing approval of all tribal-state Class III compacts. This notice gives the effective date of the compact and provides a contact name and telephone number at the Department.
Until recently, finding copies of approved tribal-state gaming compacts was often difficult. Now they are more accessible, but not in one place. The best chance for locating a compact is on the Internet. States and tribes sometimes adjust the terms of their gaming compacts, so as with all legal research, it is important to find the latest version of a compact.
WHERE TO FIND COMPACTS AND SETTLEMENT AGREEMENTS:
One of the largest collections of gaming compacts is found on the web site of the National Congress of American Indians. The acts are arranged alphabetically by state, then tribal name. http://www.ncai.org/Gaming_Compacts.103.0.html
Some tribes have a copy of their gaming compact linked from the tribal web site.
Many states provide a gaming compact link from the state web site or governor's web site. Some states have negotiated a "pattern" compact with all the tribes in the state; others have negotiated separate compacts with each tribe.
An Internet search with the name of the tribe and the words "gaming compact" can be effective.
3-2. OTHER COMPACTS & SETTLEMENT AGREEMENTS AFFECTING TRIBES
DEFINITION: Tribal governments may be a party to other important agreements. Examples are agreements that settle water rights disputes, or involve the repatriation of cultural resources, clarify jurisdiction of tribal courts and police, delimit a harvest of fish or whales, or establish levels of conformity to an environmental standard.
RESEARCH TIPS: Miscellaneous tribal compacts and agreements are not gathered into a single source for the researcher. They are more often found through mention in newspaper accounts, journal articles, or sometimes by being mentioned in a court case. Even the most experienced researcher may have difficulty in finding copies of the documents.
WHERE TO FIND OTHER COMPACTS AND SETTLEMENT AGREEMENTS:
To have legal effect, agreements with tribes must pass through the Department of the Interior. Information about agreements may appear in a news release or other Departmental communication.
Absent a specific citation to the agreement, Internet searching can be the most profitable avenue of research.
4-1. ADMINISTRATIVE RULES & REGULATIONS SPECFIC TO A TRIBE
DEFINITION: Administrative rules and regulations generally flow from the executive branch of the federal government, through the offices of the presidential cabinet and the many departments and agencies that form the "federal bureaucracy." Administrative rules and regulations have the force of law. Administrative hearings cross over to the judicial function of government and can result in binding administrative decisions. The Department of the Interior and especially the Bureau of Indian Affairs (BIA) deals with many matters affecting tribes, but tribes also interact with other administrative agencies.
Acknowledgment--the federal recognition of a government-to-government relationship between a tribe and the United States--is an administrative process. Procedures and outcomes of acknowledgment petitions are reported.
RESEARCH TIPS: Federal administrative rules and regulations were not collected and published in an organized fashion until 1936. As with statutes, there is now (1) a permanent chronological listing of every administrative rule and regulation; and (2) a code of regularly updated subject arrangement of the rules and regulations currently in force. It is fairly unusual for rules and regulations to be directed to a specific tribe, so researchers may not find anything in this research step, however, decisions of federal recognition are an example of administrative deliberations applying to one group. Searches may be by tribal name or under "Indian" and "Indians."
WHERE TO FIND ADMINSTATIVE RULES AND REGULATIONS:
Most college libraries and public government document depository libraries have the two official federal publications of rules and regulations. They are online at the Government Printing Office (GPO) web site.
Federal Register is the chronologically published record of all rules and regulations issued since 1936.
http://www.gpoaccess.gov/fr/index.html
Code of Federal Regulations (CFR) is the subject-arranged publication of rules and regulations in force. Title 25 is entitled "Indians" but it is not the only place where rules and regulations affecting tribes are published.
http://www.gpoaccess.gov/cfr/index.html
Indian Law Reporter, American Indian Lawyer Training Program, 1974- . A commercially published looseleaf service (updates can be interfiled for frequent updating) publishing selected administrative decisions, along with court case decisions relating to Indian law. This publication can be found in many law libraries.
4-2. ADMINISTRATIVE RULES & REGULATIONS OF GENERAL APPLICATION TO TRIBAL GOVERNMENTS
DEFINITION: As with statutes, hundreds of rules and regulations are promulgated in furtherance of agency work with Indian tribes, Alaska natives, and Native Hawaiians. Usually, a tribal legal history cannot practically include those of general application. Exceptions are made if a tribe has been particularly affected by a rule or regulation, such as in a court case or through administrative negotiation with the Department of the Interior.
RESEARCH TIPS: See 4-1 above.
WHERE TO FIND ADMINISTRATIVE RULES & REGULATIONS OF GENERAL APPLICATION: See 4-1 above.
4-3. ADMINISTRATIVE OPINIONS & DECISIONS SPECIFIC TO A TRIBE
DEFINITION: The law requires that anyone with a complaint against the government "exhaust their administrative remedies" before going to court. This means that citizens must first try to resolve disputes with an agency using the appeal process within the agency. This may result in the agency issuing an official opinion or an administrative decision. The Department of the Interior has a Solicitor's Office which issues opinions on Indian affairs for the Secretary of the Interior. The opinions may interpret statutes, determine the status of Indian lands, and otherwise determine tribal interests. These opinions often are the last word on a legal matter. If appealed to a court, the opinion of the Solicitor is given great weight.
The Department of the Interior also renders general administrative decisions and decisions in specialized matters from its Board of Indian Appeals, Interior Board of Land appeals, and Alaska Native Claims Appeals Board. Many of these decisions relate to individuals, not tribes, but it is possible for tribal interests to be the subject of an administrative decision.
RESEARCH TIPS: Only the most in-depth research project will include a search for administrative opinions and decisions. When such research is required, larger libraries with specialized resources must be consulted. Some administrative opinion and decisions can be found on the Internet, but all sources are not online.
WHERE TO FIND ADMINISTRATIVE OPINIONS & DECISIONS SPECIFIC TO A TRIBE:
Opinions of the Solicitor for the Department of the Interior Relating to Indian Affairs, 1917-1974, 2 vols. Washington, D.C.: Government Printing Office, 1979. Opinions are in chronological order, but there is a detailed subject index. Opinions are online at: http://thorpe.ou.edu/sol_index_abc.htm and more recent opinions had been made available at http://www.doi.gov/sol/solopin.html. See the Internet Archive for this collection.
U.S. Department of the Interior. Decisions of the Department of the Interior (title varies), v. 1, 1881- .
Opinions from all the boards of the Department and some more recent Opinions of the Solicitor are selectively reported in this set. This set is well-indexed in the Index-Digest volumes.
U.S. Department of the Interior. Board of Indian Appeals. Decisions, v. 1, 1970- .
Appeals from the decisions of the Bureau of Indian Affairs and other officials on Indian lands, lease agreements, and federal entitlements are decided. Land acquisitions decisions may have a broader tribal implication. Partial online access (unofficial site): http://www.ibiadecisions.com/
4-4. ADMINISTRATIVE OPINIONS & DECISIONS OF GENERAL APPLICATION TO TRIBAL GOVERNMENTS
DEFINITION: Usually, it is not practical to include administrative rulings that apply generally to all tribes. Exceptions are made if a tribe has been particularly affected by an opinion or decision, such as when a general opinion or decision is later applied specifically to a tribe.
RESEARCH TIPS: See 4-2 above.
WHERE TO FIND ADMINISTRATIVE OPINIONS & DECISIONS OF GENERAL APPLICATION: See 4-2 above.
4-5. INDIAN CLAIMS
DEFINITION: Tribes may have a legal claim against the federal government for a loss resulting from a land taking, for inadequate compensation for land, for underpayments or mismanagement of minerals, timber, and other resources, for loss of legally owned water rights, or a number of other causes. Historically, Indian tribes could not easily pursue their claims because, as a general rule, the federal government cannot be sued without its permission. The Court of Claims was established in 1855 to accept and hear claims for money damages against the United States. Tribes were specifically barred from this court and had to rely on rarely-enacted special laws of Congress allowing them to sue.
A large backlog of claims existed when a special administrative body, the Indian Claims Commission, was created in 1946 to hear all past claims. The Indian Claims Commission operated until 1978 when its remaining cases were transferred to the Court of Claims. Tribes were also authorized to bring any post-1946 claims to the Court of Claims (now called the United States Court of Federal Claims).
RESEARCH TIPS: Because a few tribes did win special Congressional authorization to bring their claims in court, researchers should be alert to this possibility when conducting statutory and court case research. Generally, however, claims research can focus on the sources below.
Originally, the Indian Claims Commission reports of decisions were not published in an organized fashion. The output of the Commission appeared in mimeographed form. With increased interest, various versions of the decisions have been reproduced. They can be difficult to read because of the original quality and the files are long and full of procedural information. Sometimes claims from various tribes were consolidated. With persistence and use of the tribal name index included in the main index volume, it is possible to locate tribal-specific information in the Claims Commission documents.
WHERE TO FIND INDIAN CLAIMS DECISIONS:
United States. Indian Claims Commission. Cases Decided, 43 vols., 1949-78.
Reprinted by the Native American Rights Fund and also published in microfiche by the Law Library Microform Consortium and by Clearwater Publishing as:
Decisions of the Indian Claims Commission, Findings, Opinions, Orders and Final Awards, 1948-1978.
Indian claims decisions are online at: http://digital.library.okstate.edu/icc/ (Index volume has a "tribal index").
STEP 5: OTHER LEGAL DOCUMENTS & INFORMATION
Explanations about the law and references to cases, statutes, and administrative information can be found in the books:
Cohen's Handbook of Federal Indian Law, 2005 Edition, published by LexisNexis.
American Indian Law in a Nutshell, published by Thompson West.
Three Internet sites with collections of federal Indian law documents are:
Law Library of Congress, Guide to Law Online: United States Native Peoples
http://www.loc.gov/law/guide/indians.html
Cornell Law School, Legal Information Institute, Supreme Court Collection (search: Indian)
http://www.law.cornell.edu/supct/search/index.html
Find Law: Legal Subjects: Indian and Native Peoples Law http://www.findlaw.com/01topics/21indian/gov_laws.html