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Category Archives: Native American Law

Beginner’s Guide to U.S. Treaties.

21 Friday Nov 2014

Posted by Celia C. Elwell, RP in International Law, Native American Law, Treaties

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Barbara Bavis, Charles I. Bevans, Goverment Printing Office, In Custodia Legal, International Law, Law Librarians of Congress, Rober Brammer, Treaties, Treaties and Other International Acts

U.S. Treaties: A Beginner’s Guide, co-authored by Barbara Bavis and Robert Brammer, In Custodia Legis, Law Librarians of Congress

http://blogs.loc.gov/law/2014/11/u-s-treaties-a-beginners-guide/

Article II, Section 2 of the U.S. Constitution states that the President ‘shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur…. ‘ An early attempt by the President and Senate to negotiate the exercise of this power provided an interesting anecdote. According to the Senate Historical Office, on August 22, 1789, President Washington traveled to the Senate to submit a treaty concerning Native American Indian Tribes. While the President waited, the Senate decided to postpone consideration of the treaty rather than debate the questions in front of the President. According to Maclay’s Journal an irritated, President Washington exclaimed, “This defeats every purpose of my coming here!” and resolved to submit subsequent treaty communications to the Senate in writing. To learn more about the development of the treaty power and its application, please refer to the United States Constitution: Analysis and Interpretation’s discussion of Article II, Section 2.

There are several options for researchers trying to find copies of treaties to which the United States is or was a party. In fact, we were inspired to write this post by the new Treaties digital collection added to the Law Library of Congress website. As of now, the digital collection includes a digital copy of the first four volumes of Charles I. Bevans’s Treaties and Other International Agreements of the United States of America, 1776-1949, which includes copies of the English version (or English translation) of multilateral treaties to which the United States was a party. Digital copies of the remaining volumes (5-12), which include the bilateral treaties to which the United States was a party during this period, will be added in the near future.

The Treaties page also links to the United States Department of State’s Treaties and Other International Acts webpage, which includes PDF copies of the ‘executed English-language original of [each published international] agreement and certain other key documents’ for published international agreements entered into from 1996 to the present. The Treaties and Other International Acts series (also known as TIAS), which is ‘the official print publication format for treaties and agreements that have entered into force for [the] U.S.,’ was published by the Government Printing Office in paper form from 1945 to 2006, but is now available online. . . .

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Oklahoma Supreme Court Changes Its Mind on Tribal Sovereignty.

11 Wednesday Dec 2013

Posted by Celia C. Elwell, RP in Gaming Law, Jurisdiction, Macros, Native American Law, Oklahoma Supreme Court, Tax Law, Tribal Sovereignty, Venue

≈ Comments Off on Oklahoma Supreme Court Changes Its Mind on Tribal Sovereignty.

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Crowe & Dunlevy, Dram Shop, Tribal Gaming, Tribal Sovereighnty

Oklahoma Supreme Court Does An About-Face on Tribal Sovereignty–Strikes Down Jurisdiction for Tort and Prize Claim and Dram-Shop Lawsuits, by Gerald L. Jackson, Crowe & Dunlevy

http://tinyurl.com/p946bdg

In a significant reversal of several recent decisions, the Oklahoma Supreme Court adopted the position that “courts of competent jurisdiction” in the model gaming compact does not include Oklahoma state courts and that tribes are immune from dram-shop liability in state court unless the tribe expressly waives its sovereignty immunity.

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Updated Collection of Native American Documents at Library of Congress

30 Saturday Nov 2013

Posted by Celia C. Elwell, RP in Library of Congress, Native American Law, Research

≈ Comments Off on Updated Collection of Native American Documents at Library of Congress

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Andrew Weber, Cherokee, Chickasaw, Choctaw, Creek, Jennifer Gonzalez, Native American History Month

American Indian Constitutions, by Andrew Weber, a guest post by Jennifer Gonzalez, a Digital Library Technician in the Law Library’s Digital Resources Division, Library of Congress

http://blogs.loc.gov/law/2013/11/american-indian-constitutions/

In celebration of Native American History Month, we have just added 428 Native American documents containing constitutions, charters, and acts from the years 1830 to 1960 to Law.gov. The collection contains two types of material: constitutions from the 1800s produced by the Cherokee, Choctaw, Chickasaw, and Creek; and constitutions and charters drafted after the 1934 Indian Reorganization Act. The latter includes laws produced by the Office of Indian Affairs of the United States Department of the Interior. These materials are divided by region based on the new KI class designations: Arctic-Alaska, US-Northeast Atlantic, US-North Central, US-New Southwest, US-Pacific Northwest, and US-South.

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