The Indian Civil Rights Act at Forty (NEW!) 

Edited by Kristen A. Carpenter, Matthew L.M. Fletcher, and Angela R. Riley

Congress passed the Indian Civil Rights Act of 1968 (ICRA) to address civil rights in Indian country. ICRA extended select, tailored provisions of the Bill of Rights-including equal protection, due process, free speech and religious exercise, criminal procedure, and property rights-to tribal governments. But, with the exception of the writ of habeas corpus, Congress did not establish a federal enforcement mechanism for violations of the Act, nor did it abrogate tribal sovereign immunity. Thus, ICRA has been interpreted and enforced almost exclusively by Indian tribes and their courts. This collection of essays, gathered on the fortieth anniversary of ICRA, provides for the first time a summary and critical analysis of how Indian tribes interpret and apply these important civil rights provisions in our contemporary world. The authors have found that, while informed by ICRA and the dominant society’s conception of individual rights, Indian nations are ultimately adapting and interpreting ICRA in ways consistent with their own tribal traditions and beliefs. In some respects, ICRA parallels the broader experiences of tribes over the past forty years-a period of growth, revitalization, and self-determination for many Indian nations.

358 pp.
$40 paper
10-digit ISBN 0-935626-67-0
13-digit ISBN: 978-0-935626-67-4

Table of Contents (PDF)
The Indian Civil Rights Act at Forty Book Blurbs (PDF)

Individual’s Price: $40.00
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UPDATE: Two chapters of this book are available on SSRN as a free preview!!!!

 Individual Religious Freedoms in American Indian Tribal Constitutional Law
The Indian Civil Rights Act at Forty (American Indian Studies Center Publications), 2012
Kristen A. Carpenter 
University of Colorado Law School
Date Posted: March 04, 2012
Last Revised: March 06, 2012

 Resisting Congress: Free Speech and Tribal Law
THE INDIAN CIVIL RIGHTS ACT AT FORTY, Kristen A. Carpenter, Matthew L.M. Fletcher, Angela R. Riley eds., UCLA American Indian Studies Center, 2012, MSU Legal Studies Research Paper No. 10-05
Matthew L. M. Fletcher 
Michigan State University College of Law
Date Posted: March 14, 2012