|I. About this Guide||II. General Reference Sources||III. Tribal Constitutions & Codes|
|IV. Tribal Courts||V. Treaties||
VI. Federal Laws &
|VII. Federal Case Law||
VIII. Executive Actions &
IX. Wisconsin Tribes &
Other Wisconsin Related
|X. Secondary Sources|
I. About this Guide
Native American Law refers primarily to the body of law dealing with the status of United
States Indian tribes and their relationship to other tribes, the states, and the federal government.
These complex relationships are defined by treaties, statutes, executive orders, court decisions,
and administrative actions. This guide is intended as an introduction to legal materials available
at the University of Wisconsin Law Library on Native Americans and other native peoples of the
United States, such as Native Alaskans and Hawaiians. Because there are many shared concerns
of Native Americans in the United States and Canada, references to some Canadian books and
serials are included. However, to limit the scope of this guide, a discussion of Canadian statutes,
regulations, and court decisions are not covered.
The terms Native Americanand American Indianor Indian are often used interchangeably.
In recent years, Native American is more commonly used, and is considered a more culturally
sensitive and politically accurate term. Regardless, Native Americans and American Indians
are not exact equivalents, with Native Americans being a broader term also encompassing the
indigenous peoples of Canada and Alaska.
When selecting search terms for legal resources, especially those resources published prior to the 1990s, or published by the U.S. government, the terms American Indian and Indian Law are more commonly used, and should be included as search terms. When searching Canadian sources, Canadian Natives or First Nations are two recommended search phrases. Searching by specific tribal names is also recommended.
Unless otherwise noted, all call numbers refer to locations at the UW Law Library.
|A. Paper & Microform Resources||B. Selected Reference Web Sites|
Canby, William C., Jr., American Indian Law In A Nutshell. 5th ed. St. Paul, Minn.:
Location: Reserve Collection KF8205 Z9 C36 2009
Cohen, Felix S. Handbook of Federal Indian Law with Reference Tables and Index.
Originally published: Washington, D.C.: U.S. G.P.O., 1942. (The Law Library has the original on microfiche and several bound reprints.)
Location 1: Microforms Room, 2nd Floor, West, Native American Legal Materials Collection, Title no. 4210.
Location 2: U.S. Documents, 1st Floor, West, I48.6:In2 (AMS Press, 1972)
Location 3: Reserve Collection KF8205 C6 1988 (Hein)
The 1941 edition of the Cohen handbook has been digitized and is available online through http://thorpe.ou.edu/cohen.html (It does not include the Reference Tables and Index.) Also available at that link are The Indian & the Law pamphlets by Theodore H. Haas, published by the United States Indian Service in 1949. These two documents offer a summary of Felix S. Cohen's Handbook for laymen, and provide a useful, although somewhat dated, overview of Native American relations with the U.S. government.
Cohen, Felix S. Felix S. Cohen's Handbook of Federal Indian Law. 1982 edition. Board of
Authors and Editors, Rennard Strickland, Editor-in-Chief...[et al.]; Contributing writers, Denis
Binder...[et al.] Charlottesville, Va.: Michie: Bobbs-Merrill, 1982.
Location 1: KF8205 C6 1982
Location 2: Reserve Collection KF8205 C6 1982 Location 3: Wisconsin Historical Society Library Stacks, KF8205 C6 1982
Cohen's Handbook of Federal Indian Law. 2005 edition. Nell Jessup Newton, Editor-in-Chief.
Newark, NJ: LexisNexis Matthew Bender, 2005. (Revised ed. of the 1982 ed.) With 2009
Location: Reserve (c.1) & Reference (c.2) Collections KF8205 C6 2005
_____________ Suppl. 2009
Documents of United States Indian Policy. Edited by Francis Paul Prucha. 3rd ed. Lincoln: University of Nebraska Press, 2000.
Location: KF8205 D63 2000
The Encyclopedia of Native American Legal Tradition. Edited by Bruce Elliot Johansen.
Westport, Conn.: Greenwood Press, 1998.
Location: Reference KF8204 E53 1998
Encyclopedia of United States Indian Policy and Law. Edited by Paul Finkelman and Tim Alan
Garrison. Washington, D.C.: CQ Press, 2009. 2 v.
Location: Reference KF8205 E49 2009
Grossman, Mark. The ABC-CLIO Companion to the Native American Rights Movement. Santa
Barbara, Calif.: ABC-CLIO, 1996.
Location: Reference KF8203.36 G76 1996
Indian Affairs: Laws and Treaties. Compiled and edited by Charles J. Kappler. Washington:
Gov. Print. Off., 1904-1941. 1975 printing. 7 v.
Location: U.S. Documents, 1st Floor West, I 1.107:
Supplement to Kappler's Indian Affairs, Laws and Treaties: Compiled Federal Regulations
Relating to Indians. Washington, D.C.: U.S. Department of the Interior, 1975.
Location: U.S. Documents Collection, 1st Floor West, I 1.107: Suppl
Native American Legal Materials Collection
Location: Microforms Collection, 2nd floor, West
A compilation of documentary matrial and monographs on the legal condition and history of the American Indian. All titles are cataloged individually in MadCat.
Accompanied by: Native American Collection: A Bibliography Describing the Microfiche Collection...
Location 1: Reference Collection KF8201 A1 N39 1990
Location 2: Microforms Room Bookcase
Pevar, Stephen L. The Rights of Indians and Tribes: The Authoritative ACLU Guide to Indian and Tribal Rights. 3d ed. Carbondale, IL.: Southern Illinois University Press, 2002.
Location: Reserve Collection KF8210 C5 P48 2002
Sokolow, Gary A. Native Americans and the Law: A Dictionary. Santa Barbara, Calif.: ABC-
Location: Reference KF8203.6 S66 2000
B. Selected Reference Web Sites
There are many web sites devoted to Native American legal and policy issues. The following are
a few of the most comprehensive sites.
National Indian Law Library
The National Indian Law Library (NILL) is a public law library devoted to federal Indian and tribal law. It serves both the Native American Rights Fund (NARF) and all members of the general public, including individuals and organizations working on behalf of Native Americans. The NILL collection includes: Tribal self-governance documents, including tribal constitutions, codes, ordinances, charters, bylaws and intergovernmental agreements; legal pleadings from important Native law cases; Indian law treatises, case law reporters, handbooks, and manuals; Native American Rights Fund publications; Federal legislative history documents relating to Indian law, including statutes, congressional hearings and reports; American Indian treaties; Federal administrative documents relating to Indian law; tribal and Indian law-related newsletters, newspapers and periodicals; and a basic collection of general reference and historical/cultural books on Native Americans.
Native American Constitution and Law Digitization Project
A cooperative effort among the University of Oklahoma Law Center, the National Indian Law Library (NILL), and Native American tribes providing access to the constitutions, tribal codes, and other legal documents.
Indian Law Bulletins
A current awareness service of the National Indian Law Library (NILL), providing email notification when new developments arise in Indian Law. Includes coverage of court opinions, federal legislation, regulatory news, and law journals.
Provided by Tribal Court Clearinghouse, this site contains links to information and resources concerning tribal custom and tradition, traditional law, traditional methods of dispute resolution, and other related issues.
|A. Primary Law Sources||B. Secondary Sources and Finding Aids|
A. Primary Law Sources
Charters, Constitutions, and By-Laws of the Indian Tribes of North America. Compiled and
edited by George E. Fay. Greeley, CO: Museum of Anthropology, Colorado State College, 1967-
1981. 18 v.
Location 1: KF8221 F35
Location 2: Microforms Collection, 2nd Floor, West, Fiche no. 1800
Indian Tribal Codes: A Microfiche Collection of Indian Tribal Law Codes. Ralph Johnson, editor; Richard Davies, Associate Editor. Seattle, Wash.: Marian Gould Gallagher Law Library. University of Washington School of Law, 1988.
Location: Law Library Microforms Collection, 2nd floor, West
Updates the 1981 edition of Indian Tribal Codes: A Microfiche Collection of American Indian Tribal Codes.
Lac du Flambeau Band of Lake Superior Chippewa Indians. Tribal Code. [Lac du Flambeau,
Wis.]: Lac du Flambeau Band of Lake Superior Chippewa Indians, [1990- ] (Looseleaf)
Containing codes and ordinances adopted by the tribe through December 31, 1989.
Location: Reserve Collection KF8228 C6 A5
Native American Constitution and Law Digitization Project
A cooperative effort by the University of Oklahoma Law Center, the National Indian Law Library, and the Native American tribes provides online access to the tribal constitutions and codes for many of the over 500 federally recognized tribes.
Navaho Nation Code. 5th ed. New York, N.Y.: Lamb Studio, 1995- 6 v. (Looseleaf)
Location: KF8228 N3 A513 1995
Navajo Tribal Code. Edited and published by Equity Publishing Corporation. 1977 ed. [3rd ed.] Oxford, N.H.: The Corporation, 1978. 4 v.
Location: KF8228 N3 A513 1978.
B. Finding Aids and Secondary Sources
Hargrett, Lester. A Bibliography of the Constitutions and Laws of the American Indians.
Millwood, NY : Kraus Reprint Co., 1976.
Location: KF8220 A1 H3 1976
O'Brien, Sharon. American Indian Tribal Governments. Norman, OK: University of Oklahoma
Location: E98 T77 027 1989
Written for the National Congress of American Indians (NCAI), this book discusses the central structure of traditional tribal government, the background of tribal and traditional relationships, and the general powers of tribal government, including recent developments and current rights.
Johnson, Susan. Government to Government: Understanding State and Tribal Governments.
Denver, Colo.: National Conference of State Legislatures; Washington, D.C. : National Congress
of American Indians, 2000.
Location: E98 T77 G68 2000
IV. Tribal Courts
|A. Primary Law Sources||B. Secondary Sources and Finding Aids|
A. Primary Law Sources
Indian Law Reporter. [Washington] American Indian Lawyer Training Program. v. 1 (Jan.
Location: Reference Collection KF8201 A3 I53
Contains opinions of tribal courts at both the trial and appellate court levels, back to 1974. Updated monthly, it reports all tribal court decisions that it receives. Each case is summarized and depending on its content, is reproduced in full, abridged or excerpted.
Tribal Court Clearinghouse
The Tribal Court Clearinghouse was established in 1999 by the Tribal Law and Policy Institute. It provides information to people working in Native American tribal courts and others involved in the enhancement of justice in Indian Country. The site provides tribal court opinions in a searchable database.
Tribal Court Reporter. Oakland, Calif.: American Indian Lawyer Training Program, 1979-1980.
Location: Reserves Collection KF8220 A515
Selected decisions dating from 1978 through 1980, published with full analysis in this two volume reporter. Contains summaries of other selected cases; articles addressing tribal court administration; critical analysis of substantive issues facing tribal courts and government; announcements of events, news and publication; and an index.
B. Finding Aids and Secondary Sources
Karamessines, Susan. United States Indian Tribal Courts: A Bibliography. Ottawa: Indian and Northern Affairs, 1976.
Location: Microforms Collection, 2nd Floor, West, Native American Materials Collection, Fiche no. 2280A
Schwartz, April and Mary Jo B. Hunter. United States Tribal Courts Directory. 3rd ed.
Buffalo, N.Y. : William.S. Hein, 2008. (AALL Publications Series; no. 70)
Location: Reference Collection, KF8224 C6 S39 2008
|A. Primary Sources (Texts of Treaties)||B. Secondary Sources and Finding Aids|
A. Primary Sources (Texts of Treaties)
Colonial and American Indian Treaties: A Collection. Tempe, AZ: Arizona State University
College of Law, Indian Legal Program, 2004.
Law Library Computer Network http://library.law.wisc.edu/cdroms/cait/cdrom.lar
A collection of major treaties between Native Americans and the American colonies, and later the United States. Keyword search or browse by date, region (state or tribe), and title. Licensed resource for access from the Law Building only.
Documents of American Indian Diplomacy: Treaties, Agreements, and Conventions, 1775-1979. Compiled by Vine Deloria, Jr. And Raymond J. DeMallie,; with a foreward by Daniel K. Inouye. Norman: University of Oklahoma Press, 1999. 2 v.
Locations: Reference KF8202 1999
(Also available electronically to UW-Madison students, faculty, and staff. Use the Internet link in the MadCat record.)
For commentary on this reference work, see Bernholz, The 'Other' Treaties: Comments on Deloria and DeMallie's Documents of American Indian Diplomacy, 24 Legal Reference Services Quarterly 107_141 (1995)
Early Recognized Treaties with American Indian Nations. Lincoln, NE: Electronic Text Center,
University of Nebraska - Lincoln Libraries, 2006.
Nine federally recognized treaties that are absent from volume 2 of Kappler's Indian Affairs: Laws and Treaties. (See next entry, infra.)
Indian Treaties, 1778-1883. Compiled and edited by Charles J. Kappler. With a new forward by Bratley Blue. New York: Interland Pub., 1972.
Location: Reference KF8203 1972b
A reprint of the second volume of Indian Affairs, Law and Treaties. (See section II A, supra.)
Treaties and Agreements of the Indian Tribes of the Great Lakes Region. Washington,
D.C.:Institute for the Development of Indian Law, 1973.
Location: Reference KF8202 1973 G7
The American Indian Treaty Series also includes:
Treaties and Agreements of the Five Civilized Tribes, Ref KF8202 1973 F5
Treatis & Agreements of the Chippewa Indians. Historical Society Stacks, E99 C6 U5
Law Library Micro Native American Legal Material Collection, Fiche 4230
Treaties & Agreements and the Proceedings of the Treaties and Agreements of the Tribes and Bands of the Sioux Nation, Ref KF8202 1970 S56
Treaties and Agreements of the Indian Tribes of the Northern Plains, Ref KF8202 1973 N6
Treaties and Agreements of the Indian Tribes of the Pacific Northwest, Ref KF8202 1973 P3
Treaties and Agreements of the Indian Tribes of the Southwest, Including Western Oklahoma. Ref KF8202 1973 S6
United States Statutes at Large
Location: Quarles & Brady Reading Room, 5th Floor, East, Stacks 21-27
Volume 7 includes Indian treaties entered into from 1778 through October 1842. The treaties are in chronological order and indexed by tribal name. For treaties after 1842, consult additional volumes of the Statutes at Large. Generally, the texts of Indian treaties, along with other treaties, are found in a separate section near the end of each volume. In each volume, the treaties are indexed by tribal name and may also be indexed under Indian affairs or Indian treaties. Volume 16 (1869-1871) of Statutes at Large also contains a number of treaties.
United States Statutes at Large (Online version)
HeinOnline, Indian Treaties
B. Secondary Sources and Finding Aids
Bernholz, Charles D. American Indian Treaties and the Supreme Court: A Guide to the Treaty
Citations from Opinions of the United States Supreme Court, 30 Journal of Government
Information 318-431 (2004).
Bernholz, Charles D. and Robert J. Weiner Jr. American Indian Treaties in the State Courts: A
Guide to Treaty Citations from Opinions of the State Court Systems, 22 Government
Information Quarterly 440-488 (2005).
Bernholz, Charles D. Kappler Revisited: An Index and Bibliographic Guide to American Indian
Treaties. Kenmore, N.Y.: Epoch Books, 2003.
Location: Reference KF8203 2003
A Chronological List of Treaties and Agreements Made by Indian Tribes with the United States.
[Washington, D.C.]: Institute for the Development of Indian Law, 1973.
Location: Reference Collection KF8205 Z9 157
Provides citations to the texts of treaties and agreements., primarily those in the Statutes at Large, The introduction discusses the distinctions between treaties and agreements and concludes the differences are not meaningful.
Cohen, Felix S. Handbook of Federal Indian Law. (See full entries at II.A., supra.)
Discusses the legal force, interpretation, scope, and history of treaties. Includes an Annotated Table of Statutes and Treaties keyed to the Statutes at Large.
Watts, Tim J. American Indian Treaty Rights: A Bibliography. Monticello, Ill.: Vance
Location: Reference Collection KF8201 A1 W368 1991
Books and articles about treaties.
A Guide to Understanding Chippewa Treaty Rights. [Odanah, Wis.]: Great Lakes Indian Fish and Wildlife Commission, 1998.
Location: Reserve Collection KF8228 C6 G85 2005
Online: http://glifwc.org/ Click on Educational Materials, then under the title, Download PDF.
Keeping Our Word: Indian Treaty Rights and Responsibilities: A Report On A Recommended Federal Role Following Wisconsin's Request for Federal Assistance. Submitted by Rennard Strickland, Stephan J. Herzberg, Steven R. Owens. Madison, Wis.: University of Wisconsin Law School, 1990. Location: Reserve Collection KFW2905.6 H85 S77 1990
|A. Federal Statutes & Legislation||B. Significant Federal Laws Specific to Native American Issues|
|C. Congressional Publications & Legislative Histories||D. Meriam Report & American Indian Policy Review Commission|
Title 25 of the United States Code codifies many federal laws pertaining to Indians. Consult the
general index of volumes of the United States Code Service and the United States Code
Annotated to locate the relevant section of Title 25 and other code sections relating to Indians.
United States Code
Location: Quarles & Brady Reading Room, 5th Floor, East
Popular Names of Federal Native American Laws
This site by FedLaw provides a selected list of laws with links to the U.S. Code at Cornell's Legal Information Institute.. Researchers may also find it helpful to consult the Popular Names volume of the U.S. Code, searching terms such as Indian, Native American, and the names of specific tribes and bands.
U.S. Senate Committee on Indian Affairs
Contains information about upcoming hearings, briefings, pending legislation and significant policy issues.
Track bills and other legislative action through this service of the Library of Congress.
B. Significant Federal Laws Specific to Native American Issues
Some of the major federal laws addressing Native American issues, as identified by the
Department of Defense, Environmental Security, Native American Briefing, January 23, 1998,
Indian General Allotment Act of 1887 as amended (24 Stat. 389; 25 U.S.C. § 334). Provides for the allotment of lands to individual Indians for the purpose of settlement and subsistence through pastoral pursuits. Similar provisions were made for Alaska Natives in a 1906 Act (P.L. 59171; 34 Stat. 197; 48 U.S.C. § 357).
Indian Reorganization Act of 1934 (P.L. 73-576; 48 Stat. 984; 25 U.S.C. § 461). Establishes
tribal self government for many Indian communities. The Act further provides for the adoption of
tribal constitutions and the incorporation of tribal governments. tribal governments, so
constituted, have primary jurisdiction over the lands of the tribe and are empowered to negotiate
with Federal, State and local governments in all matters affecting the tribe.
Alaska Native Claims Settlement Act of 1971 (P.L. 92-203; 85 Stat. 688; 43 U.S.C. § 1601).
Establishes a "fair and just settlement of all claims by Natives and Native groups in Alaska,
based on aboriginal land claims," with the settlements to be "accomplished rapidly, with
certainty, in conformity with the real economic and social needs of Natives ... [and] with
maximum participation by Natives in decisions affecting their rights and property . . . ."
Indian Self Determination and Education Assistance Act of 1975 (P.L. 93-638; 88 Stat. 2203; 25
U.S.C. § 450). Provides direct and primary authority to tribal governments to contract and
regulate programs and services, and also provides authority for tribal governments to acquire
lands adjacent to reservations for purposes of the Act.
American Indian Religious Freedom Act of 1978 ("AIRFA"; P.L. 95-341; 92 S Stat. 469; 42
U.S.C. § 1996). Resolves that it shall be the policy of the United States to protect and preserve
for the American Indian, Eskimo, Aleut, and Native Hawaiian the inherent right of freedom to
believe, express, and exercise their traditional religions, including but not limited to access to
religious sites, use and possession of sacred objects, and freedom to worship through ceremonial
and traditional rites.
Indian Mineral Development Act of 1982 (P.L. 97-382; 96 Stat. 1938; 25 U.S.C. § 2101).
Provides authority to Indian tribes to develop mineral resources, and to enter into joint venture
agreements, operating agreements, and leases. The Act conveys and extends tribal authority to
regulate and cooperate with private and governmental entities in the development of tribal energy
and non-energy mineral resources.
Native American Graves Protection and Repatriation Act of 1990 (P.L. 101-601; 25 U.S.C.
3001). Provides federal agencies must consult with appropriate Indian tribes or individuals prior
to authorizing the intentional removal of Native American human remains, funerary objects,
sacred objects, and objects of cultural patrimony. The Act further provides for consultation
pertaining to existing collections to identify and assure disposition of materials in a manner
consistent with the desires of lineal descendants or the appropriate tribal authorities.
Indian Law Enforcement Reform Act of 1990 (P.L. 101-379; 104 Stat. 473). Provides for the
clarification and enhancement of law enforcement authorities in Indian country and for the
development of agreements with State, tribal, and other Federal agencies to perform law
C. Congressional Publications & Legislative Histories
One way to locate congressional publications is to search MadCat's keyword field using the phrase Committee on Indian Affairs combined with a specific issue or tribe, such as gaming, Navajo, or water rights.
Senate Committee on Indian Affairs
(University of Wisconsin-Madison Libraries licensed database)
Features indexes to publications of the United States Congress since 1789, many of which are in full-text. Includes bills & acts, committee reports, testimony, hearings, regulations, legislative histories, the Congressional Record (bound & daily editions), and more.
(Formerly known as LexisNexis Congressional.)
The Indian Reorganization Act: Congresses and Bills. Edited by Vine Deloria, Jr. Norman:
University of Oklahoma Press, c2002.
Location: KF8225 I53 2002
National Congress of American Indians Testimony Before Congress
National Indian Law Library Indian Law Bulletins: U.S. Legislation
D. Meriam Report and American Indian Policy Review Commission Report
In the late 1920s, the U.S. Senate directed the Committee on Indian Affairs to make a general survey of conditions of American Indians in the United States. Lewis Meriam was the report's technical director, so the survey is commonly known as the Meriam Report. The results of the survey were a major factor in changes in federal policies towards Native Americans that occurred in the 1930s. The forty-one volume report is available at the Wisconsin Historical Society Library under the official title, Survey of Conditions of the Indians in the United States: Hearings before a Subcommittee of the Committee on Indian Affairs, United States Senate, Seventieth Congress, Second Session.
Location: Wisconsin Historical Society Library Government Publications, Y4.In2/2: In2/3/v. 1-41
Law Library Microforms Collection, 2nd Floor, West. Native American Legal Materials Collection, 3825.
It was not until the 1970s that a second comprehensive review of historical and legal developments in federal-tribal relationships was undertaken by the U.S. government. Responding to pressure from native groups, Congress established the American Indian Policy Review Commission to review present federal relationships with Native Americans and make policy revisions. The Commission produced the two volume American Indian Policy Review Commission Final Report Submitted to Congress May 17, 1977.
Location 1: Law Library U.S. Documents Collection, 1st Floor, West, Y4.In2/10: R29/v. 1-2
Location 2: Memorial Library E93 A22
Location 3: Wisconsin Historical Society Library Y4.In2/10: R29/v.1-2
Minutes of the Commission's meetings and reports of its Task Forces can be located by doing an
author search in MadCat.
VII. Federal Case Law
|A. Federal Court Cases||B. Indian Territory Cases|
|C. Indian Claims Commission||D. Court of Claims & U.S. Claims Court|
Indian Law Reporter. [Washington]: American Indian Lawyer Training Program. v. 1 (Jan.
Location: Reference Collection, KF8201 A3 I53
Reports on cases including, but not limited to, the U.S. Supreme Court, U.S. Courts of Appeals, U.S. District Courts, and the U.S. Court of Federal Claims (and its predecessors) proceedings and opinions relevant to Indian law. The Indian Law Reporter is updated monthly and provides summaries of the reported cases that it receives. Depending on their content, the opinions are reproduced in full, abridged, or excerpted. Published by the Washington-based American Indian Lawyer Training Program since 1974.
Landmark Indian Law Cases. Buffalo, N.Y. : William S. Hein & Co., 2002.
Location: KF8204.5 L36 2002
National Indian Law Library's Indian Law Bulletins
News about and documents from significant Indian law cases heard by courts of all jurisdictions and levels. May include briefs and petitions for certiorari, in addition to court opinions.
Native American Rights Fund Tribal Supreme Court Project.
Supreme Court Review http://thorpe.ou.edu/supreme.html
Review of Native American cases before the U.S. Supreme Court since the 1997/1998 term. Provided by the University of Oklahoma Law Library's Native American Constitution and Law Digitization Project.
Seminal U.S. Supreme Court Cases Regarding Federal Indian Law
Wisconsin Judicare's Indian Law Office provides links to many Supreme Court decisions that have shaped Native American law dating back to 1831.
B. Indian Territory Cases
An Indian Territory was created in the 1830s when the Five Civilized Tribes: the Cherokee,
Creeks (or Muscogees), Choctaw, Chickasaw and Seminole, were forcibly relocated to lands
west of the Mississippi River. The Indian Territory included much of what is now the State of
Oklahoma. By Congressional action, a United States Court was established in the Indian
Territory in 1889.
Indian Territory Reports. Parsons, Kan.: Foley Railway Printing Co., 1900-1909. 7 v.
Location: State Collection, 2nd Floor
LLMC Digital (Licensed resource for UW-Madison students, faculty, and staff.)
Cases determined in the United States Court of Appeals for the Indian Territory. Each volume has a subject index. When Oklahoma became a state in 1907, and state and federal district courts were created, the United States Court in the Indian Territory ceased, and cases were transferred to the new courts.
Digest of the Reported Decisions of all the Courts of Oklahoma and Indian Territory down to
1908. St. Paul, Minn.: West Pub. Co., 1908. 2 v.
Location: Microforms Collection, 2nd Floor, West, Native American Materials Collection, no. 1710
A digest of the reported decisions of all the courts of the Oklahoma and Indian Territory to 1908, compiled under the American Digest classification, published in 1908, in two volumes.
C. Indian Claims Commission
The Indian Claims Commission was created by Congress in 1946 to hear and decide all pre-1946
Indian claims against the United States. There was no statute of limitations to bar a claim, as
long as the cause of action occurred before August 13, 1946. Personal claims of individual
Indians were not accepted. Relief granted by the Indian Claims Commission was limited to
money damages. Decisions could be appealed to the Court of Claims. In 1978, the remaining
cases, about 100, were transferred to the Court of Claims as Congress expanded the Court of
Claims jurisdiction to include Indian claims arising after 1946.
Decisions of the Indian Claims Commission were never formally printed and bound. In 1971, the Native American Rights Fund was authorized by the Commission to reproduce and distribute the decisions. The forty-three volumes and index of the Indian Claims Commission are reproductions of originals provided by the Commission, except where illegible copy has required certain sections be retyped.
Indian Claims Commission Decisions. Boulder, Colo.: Native American Rights Fund, 1973. 43
v. Index, 1 v., covers v. 1-38.
Location: Reference Collection KF8208 A555
Expert Testimony Before the Indian Claims Commission: The Written Reports. New York:
Clearwater Pub. Co., 1973. 1270 sheets of microfiche
Suppl. 1 & 2 (1973-1978)
Location: Wisconsin Historical Society Library Microforms Room
Index to the Expert Testimony Before the Indian Claims Commission. Compiled and edited by
Norman A. Roos. New York; Clearwater Publishing Co., 1973.
Location 1: Law Library Reference Collection KF8208 A556
Location 2: Wisconsin Historical Society Library Stacks KF8208 E9 Supp.
Final Report.United States Indian Claims Commission. [Washington: the Commission, 1978?]
Location: U.S. Documents Collection, SuDoc number: Y 3 In 2/6:1/946-78
Contains an alphabetical index of Indian Claims Commission cases, an index by docket number, fiscal year totals of dockets completed and awards and text, map and a chart of Indian Land Areas Judicially Established.
D. United States Court of Claims, United States Claims Court, and the United States Court
of Federal Claims
The Court of Claims has received Indian claims through four avenues: cases of special jurisdiction, as provided by special acts of Congress prior to 1946; appeals from judgments of the Indian Claims Commission; cases transferred to it when the Indian Claims Commission was terminated in 1978; and claims arising after August 13, 1946.
United States Court of Claims Reports, v. 1 (1863/1865)-v. 231 (1982)
Location: U.S. Documents Collection, 1st Floor, West Wing, Ju3.9:
In 1982, the newly created United States Claims Court assumed the trial court jurisdiction of the
Court of Claims, which had been abolished. Beginning in 1983, decisions were published in the:
United States Claims Court Reporter, v. 1-26 (1983-1992). The name was changed again to the
United States Court of Federal Claims and its decisions published in the Federal Claims
Reporter, v. 27 (1993)-
Location: Reference Collection KF125 C5 U55
|A. Code of Federal Regulations/Federal Register||B. Presidential Proclamations & Executive Orders|
|C. Bureau of Indian Affairs||D. Department of Interior Decisions|
|E. Opinions of the Solicitor of the Department of Interior|
A. Code of Federal Regulations/Federal Register
Code of Federal Regulations, Title 25, Indians.
Location: Quarles & Brady Reading Room, 5th Floor, East, Section 29
Title 25 of the Code of Federal Regulations (CFR) is exclusively devoted to Indians. Currently, Title 25 is divided into four chapters covering the Bureau of Indian Affairs; the Indians Arts and Crafts Board; the Hopi and Navajo Indian Relocation Commission; and a chapter explaining the 1978 expiration of the Indian Claims Commission.
Many other CFR titles contain provisions affecting Native Americans. To locate these sections,
review the heading Indians, which has numerous subdivisions, in the general CFR Index.
Regulations can also be located under topical entries, such as looking under Employment and
Training Administration, to locate Indian and Native American employment and training
CFR titles are revised annually. New and proposed regulations are published in the daily Federal
Location: Quarles & Brady Reading Room, 5th Floor, East, Section 30
B. Presidential Proclamations and Executive Orders
Presidential proclamations and executive orders have been used extensively to govern Native
Code of Federal Regulations, Title 3 - The President - Compilation (annual)
Location: Quarles & Brady Reading Room, 5th Floor, East, Section 29
Codification of Presidential Proclamations and Executive Orders, April 13, 1945-January 20, 1989.
Location: Quarles & Brady Reading Room, 5th Floor, East, Section 29
Executive Orders Relating to Indian Reservations, 1855-1922. Wilmington, Del.: Scholarly
Resources, 1975. 2 v.
Location: Reference E93 U977 1975
This two-volume set is an excellent source for earlier executive orders. The orders are arranged geographically by the state where the reservation land affected by the order is located. The first volume includes an index by reservation. This work, and other executive orders and presidential messages relating to Indians are also found in Native American Legal Materials Collection, Microforms Room, 2nd Floor, West, Fiche nos. 4184 and 4185
Indian Affairs: Laws and Treaties. Compiled and edited by Charles J. Kappler.
Location: U.S. Documents Collection, 1st Floor, West, I. 1. 107: Suppl. 2 (v. 7)
Provides references to older (1936-1971) executive proclamations and orders. This resource is also available online at: http://digital.library.okstate.edu/kappler/
More recent executive orders (President Clinton-to date) can be found online through the Federal Register Archives: Executive Orders Disposition Tables. Check the Subject Index under Native Americans.
Examples of recent executive orders and presidential memoranda relating to Native American issues, as identified by the Department of Defense, Environmental Security, Native American Briefing, January 23, 1998, include:
Presidential Memorandum On Government-to-Government Relations With Native
American Tribal Governments
This memorandum was signed in April 1994, "in order to ensure that the rights of sovereign tribal governments are fully respected." Its purpose is to clarify the responsibility of the federal government to operate within a government-to-government relationship with federally-recognized Native American tribes.
Executive Order And Memorandum On Environmental Justice
Executive Order 12898 on Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations and its accompanying memorandum were signed in February 1994. The order is designed to focus federal attention on the environmental and human health conditions in minority communities and low-income communities and to promote nondiscrimination in federal programs substantially affecting human health and the environment. Specifically, section 6-606 of the order states that "each [f]ederal agency responsibility set forth under this order shall apply equally to Native American programs." The Order specifically addresses subsistence consumption of fish and wildlife.
Executive Order On Sacred Sites
Executive Order 13007 was signed in May 1996, to promote accommodation of access to American Indian sacred sites by Indian religious practitioners and to provide additional protection for the physical integrity of such sacred sites. The Order supplements the protections afforded by the American Indian Religious Freedom Act Amendments, the Religious Freedom Restoration Act, and the Presidential directive of April 1994, requiring executive branch departments and agencies to accommodate the need for eagle feathers in the practice of American Indian religion.
C. Bureau of Indian Affairs (BIA)
The current BIA was founded in 1824, as the Office of Indian Affairs and was part of the War Department. In 1849, it was transferred to the Department of Interior. Twelve area offices assist the central office in Washington with providing services and allocating funds through local and tribal units of the BIA. Much of Title 25 of the Code of Federal Regulations is devoted to the BIA because it administers federal Indian programs related to tribal government and judicial systems; financial activities; resource management, including land and water, energy and minerals and fish and wildlife; education, health, probate, housing and other social services; the Indian Self-determination and Education Assistance Act and economic enterprises.
Department of Interior, Bureau of Indian Affairs
Three directories to consult for Interior Department and BIA personnel and information sources:
The United States Government Manual
Location: Reference Collection JK421 A3
Congressional Quarterly's Federal Regulatory Directory
Location: Reference Collection JK610 F29
While the Bureau of Indian Affairs (BIA) is the most easily identified federal agency dealing
with Native American Affairs, it's certainly not the only federal government entity that has
administrative dealings with Native peoples. A few offices that coordinate government-tribal
Office of Tribal Justice
The Office of Tribal Justice, within the U.S. Department of Justice, facilitates coordination between the Department of Justice and tribal governments. Includes detailed information on OTJ programs and contacts for additional information.
A federal inter-agency Native American site designed specifically to deliver electronic information from government agencies and other organizations to Native American communities. Code Talk is hosted by the U.S. Department of Housing and urban Development, Office of Native American Programs.
D. Department of Interior Decisions
Decisions of the Interior Board of Indian Appeals (IBIA)
Location: U.S. Government Documents Collection, 1st Floor, West, I 1.69/6-2:
Print subscription was discontinued after v. 34, no. 144 (Oct 20, 1999). There is an annual alphabetical listing of cases; a descriptive word index; and a compilation of authorities cited in each volume of decisions, with later cumulative updates.
Decisions of the United States Department of the Interior
Location 1: U.S. Government Documents Collection, 1st Floor, West, I21.5: (v. 1-12, July 1881-June 1891); I 1.69: (v. 68-101, 1961-1994); I1.69/a: (v. 102, no. 1 Feb. 16, 1995)
Location 2: Wisconsin Historical Society U.S. Government Publications, I1.69:
Contains the leading administrative decisions of the Secretary of the Interior, Assistant Secretaries, and the Solicitor, dating back to 1883. While the majority of decisions relate to cases concerning public lands, beginning in 1930, the decisions contain all subjects under the Department's administration. Also includes selected IBIA decisions
Ceased publication with v. 102, no. 1 (Feb. 16, 1995)
Index-Digest. United States Department of the Interior, Office of Hearings and Appeals [and]
Office of Solicitor
Location: U.S. Documents Collection, 1st Floor, West, I 1.69/2
Contains a topical index and tables of decisions and opinions reported, overruled and modified cases, and a table of statutes cited. Popular names of legislative acts are also indexed. The Index-Digest covers all published and unpublished decisions and opinions.
Alaska Native Claims Appeals Board Decisions and Orders. v. 1-7 (Sept. 1975-June 1982)
Location: Micforms Room, 2nd Floor, West, I1.69/10
In 1970, the Interior Department's Office of Hearings and Appeals created the Alaska Native Claims Appeals Board to hear appeals from decisions on land selection under the Alaska Native Claims Settlement Act. The board was abolished in 1982 and its functions were transferred to the Interior Board of Land Appeals (IBLA).
Board of Land Appeals Decisions and Orders. v. 1-98 (July 1970-Aug. 6, 1987)
Location: Microforms Room, 2nd Floor, West, I 1.69/5 Online: v. 125 (Dec. 10, 1992)- http://www.ibiadecisions.com/Ibla/iblamainpage.html
Board of Contract Appeals Decisions. (CCH) v. 56-2 (July/Dec. 1956)-
Location: Reference Collection KF853.3 A2 A7
Contract Appeals Decisions. (CCH) 1 v. (Looseleaf)
Location: Reference Collection KF853.4 C66
BCA Advance Sheets.
Indian Self-Determination Act Decisions. 1970-
Indian Law Reporter. [Washington]: American Indian Lawyer Training Program. v. 1 (Jan.
Location: Reference Collection, KF8201 A3 I53
Publishes decision headnotes and some full text Interior Department opinions.
Also, both Westlaw and Lexis carry the decisions of the Department of the Interior; Interior Board of Indian Appeals Decisions; the Interior Board of Land Appeals; and the Department of Interior Board of Contract Appeals.
E. Opinions of the Solicitor of the Department of Interior
Opinions of the Solicitor of the Department of the Interior Relating to Indian Affairs 1917-1974.
Washington, United States Government Printing Office. 2 v.
Location: U.S. Documents, 1st Floor, West; SuDoc number: I1.69/9:917-74/v 1-2
The opinions of the chief legal officer of the Department of the Interior, deal not only with mattersarising from the day-to-day functioning of the BIA, but also interpret major Indian statutes, determine the status of Indian land and rights in natural resources, define tribal governmental powers and analyze many other subjects of vital import to Indian tribes and Indian people. These opinions are given great weight, although the opinions are not binding on courts.
Solicitor's Opinions. 2007-
There are eleven Indian tribes located in the state of Wisconsin:
Wisconsin Judicare's Indian Law Office
The Indian Law Office is the part of Judicare that is devoted to the field of Indian law at the tribal, state, and federal levels. The Indian Law Office provides representation to low income Native Americans in civil matters involving Indian law issues. Additionally, Judicare's Indian Law Office provides legal counsel on significant Indian law cases in Wisconsin, and legal assistance to Indian tribes on a variety of tribal projects through contracts and agreements with individual tribes (e.g. tribal code development, lay advocate training, tribal/state judicial relations).
The Wisconsin Legislative Council and it's American Indian Study Committee periodically publishes reports and memoranda on legislation and issues related to Native Americans. To locate these reports in the UW library collection, search MadCat using the phrases Wisconsin Legislative Council and Indian in the keyword field. An example of a Legislative Council report is :
Legislation Recommended by the Special Committee on State-Tribal Relations. Prepared by Joyce L. Kiel and David L. Lovell. Madison, WI : Wisconsin Legislative Council, 2001.
Location: Law Library Wisconsin Documents, 2nd Floor, East Call Number: LEG.1:2001/3 Online: http://www.legis.wi.gov/lc/committees/study/2000/STR/files/rl2001_03.pdf
|A. Monographs||B. Journals & Periodicals|
|C. Bibliographies and Indexes||D. Research Guides|
|E. Native American Advocacy Organizations (Web Sites)|
The UW Law Library has many resources in its collection related to Native Americans legal
issues. Select the Guided Search in MadCat, then use the phrase Indians of North America
in Keywords Anywhere, combined with (use the And connector) specific laws or legal issues
of interest, such as gaming, water rights, or Alaska native. Some of the works on Native
Americans in the UW Law Library collection include:
Burton, Lloyd, American Indian Water Rights and the Limits of Law, Lawrence, Kan.: University
of Kansas, 1991.
Location: KF8210 N37 B87 1991
Case, David S., and David Avraham Voluck. Alaska Natives and American Laws, 2nd ed.,
Fairbanks : University of Alaska Press, 2002.
Location: KFA1705 C37 2002
Churchill, Ward. Perversions of Justice: Indigenous Peoples and Anglo-American Law. San
Francisco : City Lights, 2003.
Location: KF8205 C49 2003
Pommersheim, Frank. Braid of Feathers: American Indian Law and Modern Tribal Life.
Berkeley, California: University of California Press, 1997.
Location: KF8205 P66 1995
Rusco, Elmer R. A Fateful Time: The Background and Legislative History of the Indian
Reorganization Act. Reno, Nev. : University of Nevada Press, 2000.
Location: KF8205 R87 2000
Wilkins, David E. American Indian Sovereignty and the U.S. Supreme Court. Austin: University of Texas Press, 1997.
Location: KF8205 W527 1997
Wilkins, David E., and K. Tsianina Lomawaima. Uneven Ground: American Indian Sovereignty
and Federal Law. Norman: University of Oklahoma Press, 2001.
Location: KF8205 W528 2001
Wilkinson, Charles F. Blood Struggle: The Rise of Modern Indian Nations. 1st ed. New York:
Location: E98 T77 W546 2005
B. Journals & Periodicals
While many law reviews and journals may occasionally have articles relating to Native American issues, a few journals specialize in Indian law..
American Indian Law Review. v. 1 (winter 1973)- (semi-annual)
Location: Periodicals, 3rd Floor
Also available on Hein Online and LexisNexis databases. Published by the University of Oklahoma College of Law, this is the oldest legal periodical dedicated solely to American Indian issues.
Native American Law Digest. v. 1, no. 1 (April 1991)-
Library's holdings: v. 6, no. 1 (January 1996)-
Location: Reference KF8203.1 N38
Online: LexisNexis v. 11, no8 (August 2001)-
Published by the Falmouth Institute. A monthly summary of legal decisions and developments significant to the Native American issues.
Tribal Law Journal. v. 1 (2001/2002) (annual)
This journal promotes indigenous self-determination by facilitating discussion of the internal law of the world's indigenous nations. Published by the University of New Mexico School of Law.
NARF Legal Review (Native American Rights Fund) v.9, no. 2 (S-ummer 1983)-
Location: Periodicals, 3rd Floor
American Indian Report. v. 1, no. 1 (Oct. 1985)-
Location 1: Periodicals, 3rd Floor Holdings: v. 10, no. 9 (Sept. 1994)-
Location 2: Wisconsin Historical Society Library Holdings: v. 4 (1988)-
Indian Country's News Magazine. Published by the Falmouth Institute.
Indian Country Today. v. 15, no. 32 (Feb. 1, 1996)-
Online: Ethnic Newswatch (UW-Madison licensed resource.) (Access through MadCat record or through UW-Madison Libraries' Journals, Magazines and Newspapers list.) Recent issues may not be available online.
A leading American Indian news source , this site offers headline news on Indian issues.
News From Indian Country. v. 2, no. 8 (Aug. 1988)- (semi-monthly)
Location: Law Library Browsing Area, Grand Reading Room, 5th Floor, West (Current three months.) Earlier in Periodicals, 3rd Floor. Library's holdings: v. 6 (1992)-
Online: Ethnic Newswatch (UW-Madison licensed resource) (Access through MadCat record or through UW-Madison Libraries' Journals, Magazines and Newspapers list.) Recent issues may not be available online
C. Bibliographies and Indexes
Annotated Bibliography of Federal and Tribal Law
Lists both print and Internet resources. Compiled and maintained by Marilyn K. Nicely, University of Oklahoma Law Library.
Gasaway, Laura N., James L. Hoover, and Dorothy M. Warden, Compilers. American Indian Legal Materials: A Union List. Stanfordville, N.Y.: E. M. Coleman, 1979.
Location: Reference Collection KF8201 A1 G37
Guide to Records in the National Archives of the United States Relating to American Indians.
Compiled by Edward E. Hill. Washington, D.C.: National Archives and Records Services,
General Services Administration, 1982.
Location: U.S. Documents Collection, 1st Floor West, GS 1.6/6: Am 3
Hargett, Lester, Compiler. A Bibliography of the Constitution and Law of the American Indians. Millwood, NY.: Kraus Reprint Co., 1976, c 1947.
Location: KF8220 A1 H3 1976
Johnson, Steven L. Guide to American Indian Documents in the Congressional Serial Set, 1817-
1899. New York: Clearwater Pub. Co., 1977.
Location: Reference Collection KF8201 Al J63
Jorgensen, Delores A., and Barbara B. Heisinger. A Bibliography of Indian Law Periodical Articles Published 1980-1990. 2nd ed. Buffalo, N.Y.: William S. Hein & Co., 1992. Location: Reference Collection KF8201 A1 J67 1992
Law Review Articles on American Indian Issues
A compilation of citations to law reviews articles related to American Indian legal issues, organized by topic. This resource is provided by Vernellia R. Randall, Professor of Law, University of Dayton School of Law.
Morales, Leslie Anderson. American Indian Gaming and Gambling: A Bibliography. Monticello, Ill.: Vance Bibliographies, 1991.
Location: KF8210 G3 M67 1991
Native American Collection: A Bibliography Describing the Microfiche Collection Assembled and Marketed by the Law Library Microform Consortium. Jerry Dupont, Compiler and Editor.Honolulu: Law Library Microform Consortium, 1979.
Location: Reference Collection KF8201 A1 W39 1990
Prucha, Francis Paul. A Bibliographical Guide to the History of Indian-White Relations in the United States. Chicago: University of Chicago Press, 1977.
Location: Reference Collection E93 P968
D. Research Guides
American Indian Law
Links to selected resources available online, including relevant sections of the U.S. Code, C.F.R., U.S. Supreme Court decisions, and some state materials. Compiled and maintained by Cornell Law School's Legal Information Institute.
American Indian Legal Resources
Collection of links to treaties, tribal web sites, government offices, and advocacy organizations. Compiled and maintained by Marilyn K. Nicely, University of Oklahoma Law Library.
FedLaw's Native American Links
Provides links to case law and legislative materials affecting Native Americans.
Indian Law Resource Center
A non-profit law and advocacy organization whose goal is protection of indigenous people's human rights, cultures, and traditional lands. Their site provides descriptions of significant cases, newsletters, and links to relevant documents and organizations.
Law Library of Congress Guides to Law Online - United States: Indians of North America
Prepared by the U.S. Law Library of Congress Public Services Division, this links to sources of information on Indian law available on the Web..
Native American Law Library
The National Indian Law Library (NILL) is a public law library devoted to federal Indian and tribal law. It serves both the Native American Rights Fund (NARF) and all members of the general public including individuals and organizations working on behalf of Native Americans. The NILL collection includes: Tribal self-governance documents including tribal constitutions, codes, ordinances, charters, bylaws, and intergovernmental agreements; Legal pleadings from important Native law cases; Indian law treatises, case law reporters, handbooks, and manuals; Native American Rights Fund publications; Federal legislative history documents relating to Indian law including statutes, congressional hearings and reports; American Indian treaties; federal administrative documents relating to Indian law; tribal and Indian law-related newsletters, newspapers and periodicals; and a basic collection of general reference and historical/cultural books on Native Americans.
Native American Web
Washburn University School of Law
North Americans and the Law: Native Americans Under Current United States Law
This research guide authored by Lindsay G. Robertson, University of Oklahoma Law School, provides a useful overview of the complex political relationships, laws, and government entities that make up Native American legal systems.
Research in American Indian Law, Ch. 54, Legal Research and Law Library Management.
Rev. ed. By Julius J. Marke, Richard Sloane, and Linda M. Ryan. New York: Law Journal
Press, 1990- 1 v. (looseleaft)
Location: Reference Collection: KF240 M24 1990
Tribal Law - Legal Research Subject Guide
University of Kansas Law Library
E. Native American Advocacy Organizations (Web Sites)
Indian Circle Web Ring
Indian Circle is a centralized collection of links to the web pages of most of the federally recognized American Indian Tribes. The site is maintained by the Seminole Tribe of Florida.
Indian Law Resource Center
The Indian Law Resource Center is a non-profit law and advocacy organization that advocates for the protection of indigenous peoples human rights, cultures, and traditional lands. The site contains descriptions of casework, newsletter archives, and links to research resources and organizations instrumental to winning recognition of indigenous rights.
Provides news and information from a Native American perspective. Sponsored by Ho-Chunk, Inc., the Economic Development Corporation of the Winnebago Tribe of Nebraska, and Nobile Savage Media, a Native American owned media firm.
National American Indian Court Judges Association (NAICJA)
NAICJA is a national voluntary association of tribal court judges, justices and peacemakers. Its primary mission is the support of American Indian and Alaska Native justice systems through education, information sharing and advocacy.
National Congress of American Indians
The National Congress of American Indians is the oldest and largest tribal government organization in the United States. NCAI's mission is to inform the public and the federal government on tribal self-government, treaty rights, and other federal policy issues affecting tribal governments. NCAI serves as a forum for consensus-based policy development among its membership of over 250 tribal governments.
National Tribal Justice Resource Center
The Resource Center assists tribes to strengthen their methods of self-government and improve the climate within tribal lands for economic prosperity by offering tools to enhance tribal justice systems. By offering a broad scope of technical assistance services, the Resource Center provides practical benefits to every American Indian and Alaska Native justice system in the United States.
National Native American Bar Association
The national association for Native American attorneys, judges, law professors, and law students.
Native American Nations (Directory of home pages)
A collection of links to the home pages of both recognized and unrecognized tribes, as well as to pages about specific nations, but not by them.
Native American Rights Fund
The Native American Rights Fund (NARF) is a non-profit organization that provides legal representation and technical assistance to Indian tribes, organizations, and individuals nationwide.
Native Web - Law & Legal Issues
Native Web is an international nonprofit educational organization dedicated to using telecommunications, including computer technology and the Internet, to disseminate information from and about indigenous nations, peoples, and organizations around the world; to foster communication between native and non-native peoples; to conduct research involving indigenous peoples' usage of technology and the Internet; and to provide resources, mentoring, and services to facilitate indigenous peoples' use of this technology.
Tribal Law and Policy Institute
The Tribal Law and Policy Institute is a Native American owned and operated non-profit corporation organized to design and deliver education, research, training, and technical assistance programs that promote the enhancement of justice in Indian country and the health, well-being, and culture of native peoples.
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