Indian Law/TOC

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Indian Law Treatise
Table of Contents
What is Federal Indian Law?
The Field of Indian Law: Indians and Indian Country
The field of Indian law
Definitions of "Indian"
Indian country
The Office of Indian Affairs
The development of the Indian Service
The development of Indian Service policies
The administration of the Indian Service
Indian Treaties
The legal force of Indian treaties
Interpretation of treaties
The scope of treaties
A history of Indian treaties
The end of treaty-making
Indian agreements
Federal Indian Legislation
The beginnings: 1789
Legislation from 1790 to 1799
Legislation from 1800 to 1809
Legislation from 1810 to 1819
Legislation from 1820 to 1829
Legislation from 1830 to 1839
Legislation from 1840 to 1849
Legislation from 1850 to 1859
Legislation from 1860 to 1869
Legislation from 1870 to 1879
Legislation from 1880 to 1889
Legislation from 1890 to 1899
Legislation from 1900 to 1909
Legislation from 1910 to 1919
Legislation from 1920 to 1929
Legislation from 1930 to 1939
Indian appropriation acts: 1789 to 1939
The Scope of Federal Power Over Indian Affairs
Sources of federal power
Congressional power—Treaty-making
Congressional power—Commerce with Indian tribes
Congressional power—National defense
Congressional power—United States territory and property
Congressional power—Membership
Administrative power—Introduction
The range of administrative powers
Administrative power—Tribal lands
Administrative power—Tribal funds
Administrative power—Individual lands
Administrative power—Individual funds
Administrative power—Membership
The Scope of State Power Over Indian Affairs
Introduction
Federal statutes on state power
Reserved state powers over Indian affairs
The Scope of Tribal Self-government
Introduction
The derivation of tribal powers
The form of tribal government
The power to determine tribal membership
Tribal regulation of domestic relations
Tribal control of descent and distribution
The taxing power of an Indian tribe
Tribal powers over property
Tribal powers in the administration of justice
Statutory powers of tribes in Indian administration
Personal Rights and Liberties of Indians
Introduction
Citizenship
Suffrage
Eligibility for public office and employment
Eligibility for state assistance
Right to sue
Right to contract
The meanings of "incompetency"
The meanings of "wardship"
Civil liberties
The status of freedmen and slaves
Individual Rights in Tribal Property
The nature of individual rights in tribal property
Dependency of individual rights upon extent of tribal property
Eligibility to share in tribal property
Transferability of the right to share
Rights of user in tribal property
Individual rights upon distribution of tribal property
The Rights of the Indian in his Personalty
Nature and forms of Individual personal property
Sources of individual personal property
Sources of individual personal property—Proeeeds from allotted lands
Sources of individual personal property—Individualization of tribal funds
Sources of individual personal property—Payments from the Federal Government
Sources of individual personal property—Payments of damages
Federal protection Of individual personal property
Expenditure and investment of individual Indian moneys
Deposits of individual Indian moneys
Bequest, descent and distribution of personal property
Individual rights in personalty—Crops
Individual rights in personalty—Livestock
Individual Rights in Real Property
Background of the allotment system
Right to receive allotment
Possessory rights in allotted lands
Alienation of allotted lands
Leasing of allotted lands
Descent and distribution of allotted lands
Federal Services for Indians
Introduction
Education
Health services
Rations, relief, and rehabilitation
Social security benefits
Federal loans
Reclamation and irrigation
Federal legal services
Taxation
Sources of limitations on taxing power of the states
State taxation of tribal lands
State taxation of individual Indian lands
State taxation of personal property
State sales taxes
State inheritance taxes
Federal taxation
Tribal taxation
The Legal Status of Indian Tribes
Tribal existence
Termination of tribal existence
Political status
Corporate capacity
Contractual capacity
Capacity to sue
Tribal hunting and fishing rights
Tribal Property
Definition of tribal property
Forms of tribal property
Sources of tribal rights in real property
Aboriginal possession
Treaty reservations
Statutory reservations
Executive order reservations
Tribal land purchase
Tribal title derived from other sovereignties
Protection of tribal possession
Extent of tribal possessory rights
The territorial extent of Indian reservations
The temporal extent of Indian titles
Subsurface rights
Tribal timber
Tribal water rights
Tribal rights in improvements
Tribal conveyances
Tribal leases
Tribal licenses
Status of surplus and ceded lands
Tribal rights in personal property
Tribal right to receive funds
Tribal right to expend funds
Indian Trade
History of legislation
Present law
Indian Liquor Laws
Historical background
Sources and scope of federal power re liquor traffic
Existing prohibitions and enforcement measures
Locality where those measures apply
Enforcement agencies, jurisdiction, and procedure
Criminal Jurisdiction
Introduction
Crimes in Indian country
Crimes in Indian country by Indian against Indian
Crimes in Indian country by Indian against non-Indian
Crimes in Indian country by non-Indian against Indian
Crimes in Indian country by non-Indian against non-Indian
Crimes in areas within exclusive federal jurisdiction
Crimes in which locus is irrelevant
Civil Jurisdiction
Introduction
Federal courts
Court of Claims
Federal administrative tribunals
State courts
Tribal courts
Pueblos of New Mexico
Status of Pueblos under Spanish law
The Pueblos under Mexican rule
The Pueblos under the New Mexican territorial government
The Pueblos in the State of New Mexico
Pueblo self-government
Pueblo land titles
The relation of the Pueblos to the Federal Government
The relation of the Pueblos to the state
The Pueblo as a corporate entity
Alaskan Natives
Classification of Alaskan natives
Classification of natives under Russian rule
Treaty of cession
Sources of federal power
Citizenship
Status of natives
Education
Property rights
Tribes and associations
New York Indians
Historical background
Present status of tribal government
Special Laws Relating to Oklahoma
Oklahoma tribes
Removal
Self-government
Government of Indian Territory
Statehood
Termination of tribal government—Five Civilized Tribes
Enrollment—Five Civilized Tribes
Alienation and taxation of allotted lands of Five Tribes
Leasing of allotted lands of Five Civilized Tribes
Trusts of restricted funds of members of Five Tribes
Inheritance among Five Civilized Tribes
Special laws governing Osage tribe
Oklahoma Indian Welfare Act