Book Review: by Barbara Gray. The Rights of Indians and Tribes: The Authoritative, ACLU Guide to Indian Tribal Rights. By Stephen L. Pevar

The Rights of Indians and Tribes: The Authoritative, ACLU Guide to Indian Tribal Rights. By Stephen L. Pevar. Carbondale : Southern Illinois University Press, 2002. 3^rd ed. 412 pages.

This book should stand on your bookshelf between Felix Cohen’s, Hand Book of Federal Indian Law, and William Canby Jr’s, American Indian Law: In a Nutshell. The book is that good! The book has a wide potential audience: Students, teachers, lawyers, native leaders, and really anyone with an interest in Native American issues and rights.

The straight forward format creates an easy way for all people to understand the often complicated issues of federal Indian law. The book begins with an overview of the History of Federal Indian Policy. Then, the book progresses through an array of chapters. The chapters cover: Treaties and the Federal Trust Responsibility; Federal and State Power over Indian Affairs; Tribal Self-Government; Criminal and Civil Jurisdiction; Hunting, Fishing, Gathering, and Water Rights; Gaming; Taxation; Civil Rights; and, the Indian Child Welfare Act.

Each chapter begins with an overview of the subject. The overview is followed by a question and answer format that allows for in-depth answers. For example, in the chapter concerning Indian hunting and fishing rights one question asks: What kind of off-reservation hunting and fishing rights do Indians have? The answer given is in everyday language with no legalese to confuse readers.

Somewhat novel to legal books is that the questions posed are actually answered. Answers often contain examples, citations to law cases, and/or treaty references that are useful for further research and reference.

A lot has happened in federal Indian law since the release of the second edition, so the third edition of this book would be a great addition even if you have the other editions.

The Appendix contains copies of the following statutes: The Indian Civil (25 U.S.C. §§ 1301-3) Rights Act; Public Law 83-280 (18 U.S.C. § 1162, 28 U.S.C. § 1360); The Indian Country Crimes Act (18 U.S.C. § 1152); The Major Crimes Act (18 U.S.C. § 1153); and Indian Country (18 U.S.C. § 1151). There is also a complete list of federal and state recognized Indian Nations.

Although this book is an excellent resource for native people and Nations, one should keep in mind that the rights of Indians, as depicted in this book, are limited to the Ship’s, the United States, understanding of Indian rights as determined by the parameters of federal Indian law. Our rights and status, the Canoe’s, could best be described as being extra legal, in that they exist beyond, parallel, and superior to the unilateral parameters of Federal Indian Law and jurisprudence.

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updated 2004