Don`t forget to use additional variations depending on the jurisdiction you`re looking for. For example: Some lawyers work within tribes, helping tribal members resolve internal disputes or access government services to which they are entitled. Unfortunately, U.S. reservations are often located in remote areas and suffer from endemic poverty, and many Native Americans struggle to access basic legal services. Native American law governs Native Americans, Hawaiians, and Alaska Natives living in the United States. These Native Americans are in fact subject to several legal structures. First, each tribe can create and enforce its own tribal law. The federal government has enacted several laws and treaties regarding the provision of services to residents of Indian reserves. Some states may also impose certain restrictions on Native Americans. This research guide will help you research Indigenous law in Australia, Canada, New Zealand and the United States of America. Federal law recognizes a particular type of Indian sovereign authority to govern itself, subject to a higher federal authority.
In American law, the term «Indians» generally refers to the indigenous peoples of the North American continent at the time of European colonization. «Alaska Native» and «Native Hawaiians» refer to the original peoples of the territories of these states. The term «tribe» or «band» refers to a group of indigenous peoples of the same or similar heritage who are united in a community under a direction or government and inhabit a particular territory. As Native Americans increasingly preferred «nation» or «people,» the term «tribe» was controversial. The terms used may vary from one law to another and from one case to another. The study of Aboriginal or Aboriginal law includes: a naturally born subject or citizen; an inhabitant by birth; any person who owes his residence or nationality to the fact that he was born in that country. The term may also include a foreign-born person if their parents were citizens of the country at the time and did not reside abroad permanently. See U.
S. v. Wong Kim Ark, 101) U. S. 049, 18 Sup. Ct 450, 42 L. Ed. 890; New llartlord v. Canaan, 54 Conn.
39, 5 Atl. 300. States may recognize certain Indian groups even if the federal government does not recognize the group. In determining whether a group is recognized, courts and legislators consider factors such as the extent of the Indian government`s control over the individual`s life and activities, the extent to which the group exercises political control over a particular territory, and the continuity of the group`s history.