Law and Legal Research
Related Resources
- Mashpee Wampanoag Tribe Aboriginal Rights PDF
This page is intended to assist State and Federal officials, along with tribal citizens understand Aboriginal Rights. - Nipmuc Nation Constitution PDF
Nipmuc Nation is a Constitutional Democracy. The Tribal Government is elected directly by the Citizens of Nipmuc Nation. The Constitution was ratified by the Citizens of Nipmuc Nation in 2003.
- Native Land Digital
A shortened list of their major guidelines:
• Representing Indigenous nations and people on their own terms
• Increasing representation and real power of Indigenous people
• Enhancing the visibility and strength of Indigenous history, narratives that combat colonialism - National Native American Bar Association
NNABA serves as the national association for American Indian, Alaska Native, and Native Hawaiian attorneys, judges, law professors and law students. - Native American Heritage
A BPL blog post on researching Native ancestors, including legal resources and history. - American Indian Law Review from JSTOR
The American Indian Law Review serves as a nationwide scholarly forum for the presentation and analysis of developments in the law concerning indigenous people and Indian affairs.
Related Recommendations
These items are recommended due to their legal relevance. Each item explains or pertains to law & legal matters in the Americas, in some way.
- Indigenous Sovereignty in the Americas
11 items that dig into Indigenous Sovereignty, according to Indigenous authors.
Custer Died for Your Sins by It seems that each generation of whites and Indians will have to read and reread Deloria's Manifesto for some time to come, before we absorb his special, ironic Indian point of view and what he tells us, with a great deal of humor, about U.S. race relations, federal bureaucracies, Christian churches, and social scientists.
Rez Life by With authoritative research and reportage, Treuer illuminates misunderstood contemporary issues of sovereignty, treaty rights, and natural-resource conservation. He traces the waves of public policy that have disenfranchised and exploited Native Americans, exposing the tension that has marked the historical relationship between the United States government and the Native American population.
The Rediscovery of America by Ned Blackhawk interweaves five centuries of Native and non-Native histories, from Spanish colonial exploration to the rise of Native American self-determination in the late twentieth century. Blackhawk's retelling of U.S. history acknowledges the enduring power, agency, and survival of Indigenous peoples, yielding a truer account of the United States and revealing anew the varied meanings of America.
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Tribal Law
What is Tribal Law?
Using Wex, we learn via the entry "American Indian Law" that Tribal Law is neither simple nor straightforward and may not even be the preferred phrase to use. The entry states:
In U.S. law the term "Indians" refers generally to the indigenous peoples of the North American continent at the time of European colonization. "Alaska Natives" and "Native Hawaiians" refer to peoples who are indigenous to the areas occupied by those named states. The terms "tribe" or "band" designate a group of indigenous people of the same or similar heritage united in a community under one leadership or government and inhabiting a particular territory. Because Indians have increasingly preferred "nation" or "people," the term "tribe" has become controversial. The terms used may vary from statute to statute and case to case as well.
States may recognize certain Indian groups, even if the federal government does not recognize the group. To determine whether a group will be recognized, courts and legislatures examine such factors as the extent of Indian governmental control over individual lives and activities, the extent to which the group exercises political control over specific territory, and the continuity of the group's history. (Bolding and highlighting added for emphasis)
This page will focus on Native nations in the regional area of Massachusetts (according to currently imposed USA borders).
Who Is Indigenous to Modern-day Massachusetts?
The organization Native Land Digital provides an excellent interactive mapping tool of Indigenous territories of the world. Here is a screenshot of the Massachusetts region: 
There are 29 tribes shown on this map. Listed in alphabetical order: Agawam, Eastern Nehântick, Hammonassets, Manissean, Massacoes, Massa-adchu-es-et (Massachusett), Mohegan, Mohican, N’dakina (Abenaki / Abénaquis), Nahaganset, Naumkeag, Nauset, Nipmuc, Nonotuck, Patuxet, Paugussett, Pawtucket, Pequonnock, Pequot, Pocumtuc, Podunks, Pokanoket, Sakonnet, Schaghticoke, Sicaog (Saukiog), Tunxis, Wabanaki (Dawnland Confederacy), Wôpanâak (Wampanoag), and Wappinger.
A few things to notice about this map: Note how frequently the territories overlap with each other; Tribal lands do not coincide with USA government imposed borders, nor have they ever. These borders, as imposed by colonists, have caused friction since Europeans set foot in the Americas. Considering this, how can the US government fairly "determine whether a group will be [officially] recognized" and further, why should the US government be imbued with this power?
In short, both federal and state governments have always struggled with answering these questions. Historically, when the US government has enforced or created territorial laws, the laws almost always favor non-Native peoples. Having a basic understanding of border history is important to understanding Tribal Law, but this guide does not focus on this vast subject, it will focus on current resources related to Tribal Law. To learn more about the history of Indigenous sovereignty in the Americas, see the Indigenous Sovereignty in the Americas resource list.
Right: Map of the Nipmuck or Nipet Country. Samuel A Drake, 1867.
Tribal Law in Massachusetts
Massachusetts Trial Court librarians 
compiled a list of Massachusetts laws regarding Massachusetts' Tribes. Selected cases, federal laws, and other resources are noted as well.
Additionally the Commonwealth of Massachusetts has a Commission on Indian Affairs (MCIA), "Indian Affairs fundamental role is to assist Native American individuals, tribes and organizations in their relationship with state and local government agencies and to advise the Commonwealth in matters pertaining to Native Americans." Their page includes Meeting Notes and Minutes, Tuition and Scholarship Information, and Native American Resource Information.
Find Tribal Law Materials by Tribe
Individual tribes publish their own law materials. The National Indian Law Library compiled a list of nations with their law materials linked. They also provide support services for drafting tribal law, finding tribal treaties and other law materials, and other excellent resources. See the menu on the left for PDFs of regional Tribal constitutions.
Native American Rights Fund Legal News 
NARF fights to protect Native American rights, resources, and lifeways through litigation, legal advocacy, and legal expertise. Below is an RSS news feed from NARF's Blog.
Regional & National Tribal Law Resources
- Mashpee Wampanoag Tribal Court
The mission of the Mashpee Wampanoag Tribal Court is to exercise, to the maximum extent possible, the powers authorized by the Tribal Constitution. As a separate but equal branch of the Tribal government, the court will fairly and without prejudice adjudicate all civil and criminal matters authorized by the Tribal Council including but not limited to appeals. 
Nipmuc Nation Tribal GovernmentNipmuc Nation is a Constitutional Democracy and our Tribal Government is elected directly by the Citizens of Nipmuc Nation. Our Constitution was ratified by the Citizens of Nipmuc Nation in 2003. All citizens are encourage to read the Nipmuc Nation Constitution
The Center for Indigenous Peoples RightsThe CIPR provides free and low-cost legal services and critical nation-building technical assistance to meet the needs of Indigenous peoples and Indigenous nations exercising their inherent rights to self-governance and cultural, social, and economic development. The CIPR also engages in policy research and development to address the challenges impacting Indigenous peoples and Indigenous nations and to advance the policy interests of Indigenous peoples. The CIPR is an Indigenous-led organization and is dedicated to expanding the pipeline of Indigenous peoples in the legal field.
The Federation of Aboriginal Nations of the AmericasFANA works collectively to develop and implement policies, procedures and initiatives that ensure and support the public safety, economic and cultural progress, and general well-being of the FANA Member Nation Tribal Citizens.
Massachusetts Commission on Indian AffairsIndian Affairs fundamental role is to assist Native American individuals, tribes and organizations in their relationship with state and local government agencies and to advise the Commonwealth in matters pertaining to Native Americans. The Commonwealth of Massachusetts' Commission on Indian Affairs (MCIA) was created by the legislature in 1974.
National Indian Law LibraryNILL is a law library devoted to American Indian law. NILL serves the public by developing and making accessible a unique and valuable collection of Indian law resources and by providing direct research assistance and delivery of information. The primary services to the public are:
• Provide research assistance and delivery information relating to specific Indian law questions;
• Provide Indian law updates via the Indian Law Bulletins;
• Provide access to tribal law via the Tribal Law Gateway.
NARF Legal ReviewThe Native American Rights Fund Legal Review is published semi-annually and provides updates on NARF’s cases and information on other timely Indian law topics. Issues date back to 1973.
Library of Congress Indigenous LawThe Law Library of Congress collection contains a variety of Native American legal materials. The Law Library holds most of the laws and constitutions from the early 19th century produced by the Cherokee, Choctaw, Chickasaw, Creek, and Seminole who were forced to leave the Southeast for the Indian Territory after passage of the Indian Removal Act in 1830. Some of these documents are in the vernacular languages of the tribes. This collection includes 19th century items and those constitutions and charters drafted after the 1934 Indian Reorganization Act.
Indian Land Cessions in the United States, 1784-1894The Schedule of Indian Land Cessions contains 709 entries of cessions from 1784 to 1894, descriptions of the land ceded, and the names of the tribes affected.