📖 Overview
Felix Cohen's Handbook of Federal Indian Law, first published in 1941, serves as the foundational treatise on federal Indian law in the United States. The volume compiles and organizes centuries of federal Indian law, including treaties, statutes, executive orders, and court decisions.
The handbook covers major legal topics such as tribal sovereignty, jurisdiction, land rights, water rights, hunting and fishing rights, and the federal-tribal relationship. Cohen structured the work to be both comprehensive for legal scholars and accessible to tribal leaders and government officials who work with Indian law.
The text systematically addresses the evolution of federal Indian policy through distinct historical periods, from colonial times through the New Deal era. Updates and revised editions have been published to incorporate modern developments in federal Indian law and policy.
This work represents a watershed moment in the field of federal Indian law, establishing an analytical framework that continues to influence contemporary legal discourse and policy decisions regarding Native American rights and governance.
👀 Reviews
Readers consistently point to this as the primary reference text for Federal Indian law. Legal professionals and scholars rely on it for detailed analysis of tribal sovereignty, treaties, and federal-tribal relationships.
Liked:
- Comprehensive documentation and citations
- Clear organization by topic
- Historical context for modern cases
- Useful for both academic research and practical legal work
Disliked:
- Dense technical writing style
- Cost ($263+ for newest edition)
- Some readers note outdated sections in older editions
- Index could be more detailed
Ratings:
Goodreads: 4.5/5 (12 ratings)
Amazon: 4.7/5 (15 ratings)
From reviews:
"Required reading for anyone working in Indian law" - Attorney reviewer on Amazon
"The footnotes alone are worth the price" - Law professor on Goodreads
"Difficult for non-lawyers but thorough" - Student reviewer
Most legal databases cite this work extensively in Indian law cases and scholarship.
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The Rights of Indians and Tribes by Stephen L. Pevar A reference guide detailing the legal rights of Native American tribes in relation to state and federal governments, covering jurisdiction, taxation, hunting rights, and civil liberties.
American Indians, Time, and the Law by Charles Wilkinson An analysis of Supreme Court decisions and their impact on Native American sovereignty and tribal rights from 1959 to 1986.
Indian Law Stories by Carole Goldberg, Kevin Washburn, and Philip Frickey A collection of narratives behind landmark Indian law cases, providing context for the development of federal Indian law through historical accounts and legal outcomes.
Cases and Materials on Federal Indian Law by David Getches, Charles Wilkinson, and Robert Williams A collection of primary sources and commentary covering the historical development of federal Indian law from colonial times through modern tribal governance.
The Rights of Indians and Tribes by Stephen L. Pevar A reference guide detailing the legal rights of Native American tribes in relation to state and federal governments, covering jurisdiction, taxation, hunting rights, and civil liberties.
American Indians, Time, and the Law by Charles Wilkinson An analysis of Supreme Court decisions and their impact on Native American sovereignty and tribal rights from 1959 to 1986.
Indian Law Stories by Carole Goldberg, Kevin Washburn, and Philip Frickey A collection of narratives behind landmark Indian law cases, providing context for the development of federal Indian law through historical accounts and legal outcomes.
🤔 Interesting facts
📚 First published in 1941, this book became known as the "bible" of federal Indian law and remains the foundational text for the field nearly a century later.
🏛️ Felix Cohen developed much of the book while working as an attorney for the Department of Interior during the Indian New Deal era (1933-1945), which marked significant reforms in federal Indian policy.
⚖️ The book helped establish the basic principles that tribes retain their sovereign powers unless expressly removed by Congress, and that ambiguities in treaties should be resolved in favor of tribes.
🎓 Prior to writing the handbook, Cohen was a legal philosopher who studied at Harvard, City College of New York, and Columbia Law School, where he developed theories about legal pluralism that influenced his approach to Indian law.
📖 The original 1941 version took nearly 7 years to complete and synthesized over 100 years of federal Indian law from thousands of cases, treaties, and statutes into a coherent framework for the first time.