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Indian Law

Labriola Center at ASU

Labriola National American Indian Data Center (ASU)
This research collection is international in scope and brings together in one location current and historic information on government, culture, religion and world view, social life and customs, tribal history, and information on individuals from the United States, Canada, Sonora, and Chihuahua, Mexico. The Center has several guides that relate to Indian law, including:

Texts and Treatises

Below is a short list of texts related to cultural resources. You can search for other resources in the ASU Library catalog by using subject headings such as: Indians of North America -- Antiquities -- Law and legislation and United States -- Native American Graves Protection and Repatriation Act.

American Indian Sovereignty (J. Mark Hazlett II, 2020)
Charts the history and examines the future of the idea of self-governance for American Indians, exploring themes of attacks on indigenous spirituality and control over environmental protection in depth.

Handbook of North American Indians (William C. Sturtevant, 2008)
This multi-volume encyclopedia summarizes knowledge about all native peoples north of Mesoamerica, including cultures, languages, history, prehistory, and human biology. It is available in print in the Law Library.

Legal Perspectives on Cultural Resources (Jennifer R. Richman & Marion P. Forsyth eds., 2004)
This book contains a collection of original articles focused on three key issues in historic preservation and cultural resource management: enforcement and preservation, international issues, and repatriation. This includes discussion of key legal controversies, cases, and statutes within a historical context.

Legalized Identities: Cultural Heritage Law and the Shaping of Transitional Justice (Lucas Lixinski, 2021)
This book is concerned with reinforcing peace and cultural heritage through international and domestic laws around in the world in a variety of contexts, including Indigenous people, with a particular emphasis on doing justice for past wrongs.

Repatriation of Sacred Indigenous Cultural Heritage and the Law (Vanessa Tünsmeyer, 2022)
This book offers models for legally structuring the repatriation of indigenous heritage, extensively incorporates human rights standards into repatriation frameworks, and builds on the extensive repatriation experience gathered in US and Canadian law, including NAGPRA.

The Routledge Companion to Cultural Property (Jane L. Anderson & Haidy Geismar eds., 2017)
This book offers multidisciplinary insight into issues related to cultural resources using international case studies. It addresses topics including cultural property as law, cultural property rights, and emerging forms of cultural property.

Who Owns Native Culture? (Michael F. Brown, 2003)
Using cases involving indigenous religion, art, sacred sites, and botanical discoveries, this book examines efforts by native peoples to reclassify culture as a proprietary resource. It addresses larger issues including cultural ownership, privacy, intellectual property, and indigenous identity.

Research Databases

ASU subscribes to many interdisciplinary databases that contain content related to cultural resources.  Below is a select list of databases that are available on campus and remotely with ASURITE credentials. You can search for additional resources through the full listing of database subjects.

American Indian History Online
This database offers access to over 5,000 years of culture, history, and leaders. More than 240 Native American groups are presented through subject entries, biographies, primary source documents, historical maps, and photographs.

American Indians and the American West
This resource provides access to a variety of collections from the U.S. National Archives, a series of collections from the Chicago History Museum, as well as selected first-hand accounts on Indian Wars and westward migration. Specific collections include the Records of the Bureau of Indian Affairs and records from the Major Council Meetings of American Indian Tribes.

Anthrosource indexes current issues from the American Anthropological Association’s most critical peer-reviewed publications. Coverage is 19th century to the present.

Arizona and Southwestern Index
As part of the ASU Special Materials Index and covering from pre-history to the present, this resource covers all subjects dealing with Arizona and the Southwest including some southwestern Indian tribes. The index describes materials found in the Arizona Collection at Hayden Library.

Bibliography of Native North Americans
This database covers all aspects of native North American culture, history, and life. It contains more than 141,000 citations of multiple formats covering the U. S. and Canada, and dates of coverage include content from the 16th century to the present.

Indigenous Peoples: North America
This database includes manuscripts, monographs, newspapers, photographs, government documents, and images of artwork on the historical experiences, cultural traditions and innovations, and political status of Indigenous peoples in the United States and Canada.

News and Web Resources

Indian Country Today
Indian Country Today is a daily digital news platform that covers the Indigenous world, including American Indians and Alaska Natives. 

Indian Law News Bulletins (National Indian Law Library)
This service provides information on federal and state court cases related to Indian law, tribal court cases, and legislative, regulatory and legal news.

Law360 Native American Law News (available on campus or on Lexis with Lexis password)
This resource provides updates on legal developments related to Native issues. – Cultural Resources
This federal government webpage provides information on the legal background, at the federal level, for the management of cultural and historic resources. It also provides links to tools and resources related to preservation of historic properties, archaeological sites, gravesites, and repatriation of Native American objects.