Classification Portal to Indigenous Law:    Intelligent Access to Information
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Classification Portal to Indigenous Law: Intelligent Access to Information. Jolande Goldberg Policy & Standards Division (PSD). The Library of Congress July 2014.

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Classification portal to indigenous law intelligent access to information

Classification Portal to Indigenous Law: Intelligent Access to Information

Jolande Goldberg

Policy & Standards Division

(PSD)

The Library of Congress

July 2014


Classification portal to indigenous law intelligent access to information

Where is at LC Indigenous Law?Most US Departments have by now Portals / Websitesfor Indigenous concerns. At LC, it still is buried in* Class E (History. America) and * Class F (Local History. America)And with a few numbers in * Class KF (Law of the United States) and * Class KE (Law of Canada)


Kf8200 8228 kf8201 kf8210 a z

KF8200-8228

KF8201+

KF8210.A-Z


Kf8220 kf8222 kf8224 kf8228 a z

KF8220

KF8222

KF8224

KF8228.A-Z


What are the choices to class present day indian law and where to class such topics as

What are the choices to class present-day Indian Law ?And Where to class such topics as:

  • Indian Sovereignty. Self - government

  • Indian lands vs. Public property

  • Land allotments (Dawes & Curtis Acts)

  • Aboriginal/Indian title vs. land in federal trust status– the trust system

  • Where to class ”landgrabbing”

  • Fractionated land and federal land-buy-back program


Classification portal to indigenous law intelligent access to information

LC Classification for Indigenous LawTribal law is not common knowledge, and users and information providers (librarians) are frustrated for a long time about the gap between information available and information accessible,although Indigenous Peoples gained more presence in the media, particularly after the 2007 the UN Declaration on the Rights of Indigenous Peoples with a definitive catalog of Indigenous rights. * At LC, Indigenous materials including law, are buried in the legacy collection Class E99, Indians A-Z* Class KF (Law of the United States), since 1967 the only place in the LC Classification with a minimal section on Federal Indian law and Tribal law (both mostly A-Z arrangements)does not reflect the sovereign status and autonomy of the Indian nations residing on US soil, nor does it reflect current Indian government.Indian law was rather a subject ”for which any location in KF would have to be arbitrary” (Werner B. Ellinger) Indeed, the “Indians” appeared and disappeared throughout the various drafts of KF.* LC took the lead with this classification, which was created following the current trend to provide for the first time a geopolitical and substantive arrangement for the Indigenous populations, in the US and Canada, their organization, and the complex body of legal sources.* As a further step, broader access to such information should be provided in the electronic environment in form of a Portal.


Lc classification for indigenous law

LC Classification for Indigenous Law

The new schedule KIA-KIK is for Aboriginal or Tribal law which refers to the customary law of Indigenous Peoples -

“integral to the distinct culture of a group,” and practiced by the group.

Federal Indian law or Indian law is distinct from Tribal or Aboriginal law. It is federal statutory law and administrative regulations, setting limitations for Indian jurisdiction over broad areas of the substantive law.

This law will stay in KF and KE

(3) Tribal law classification follows the same principles as all other law

schedules:

Regionalism and Jurisdictionalitydetermine the hierarchy

But: Are Indigenous Peoples Jurisdictions?

PSD policy: change of the MARC fields, and

Authority work


Classification portal to indigenous law intelligent access to information

(1) The term jurisdictionsignals independence and self-governance of a corporate body or organization. Only if this character is determined, a classification for its law can be considered since law is tied to a jurisdiction. For tribes in the US, it is also tied to the enrollment process at the Bureau of Indian Affairs/ Department of the Interior, a complex process based on proof of “Indian blood ancestry” and degrees of Blood-quantum (which may vary from tribe to tribe, and was only widely adopted after the Indian reorganization Act of 1934). The enrolled Tribe or Nation is recognized as autonomous/sovereign entity and on a one-to-one-relationship with the Federal Government. In the classification, it has a place in Constitutional law - underIndian citizenship and tribal membership.(2) At the beginning of this project, the LC Policy and Standards Division (PSD) determined that the appropriate MARC 21 field is at present the 151 (Geographic name) field in name authority records for names of such Indian Tribes which are recognized by the US Government, instead of the previously used 110 (Corporate name) field. This was in keeping with the guidance provided in rule 21.35 of the Anglo-American Cataloguing Rules 2nd edition (AACR2).(3) The authority work for names of Indian jurisdictions follows the file of officially recognized tribes,compiled and maintained bythe Bureau of Indian Affairs, which is the principal document for name and legal status of Indian Entities


Regions of class k kz law of the world section

Regions of Class K-KZ: Law of the World (Section)

America. North America

KDZGeneral. Comparative

KECanada

KFUnited States of America

KG-KGHMexico & Central America

KGJ-KGZWest Indies & Caribbean

South America

KHGeneral (Comparative)

KHA-KHWJurisdictions

KIA-KIXLaw of Indigenous Peoples in the Americas


Classification portal to indigenous law intelligent access to information

KIA North America http://www.loc.gov/loc/classwebdemo/mapdemo.html KIAArctic and sub-Arctic

Greenland, see KDZ

Northern Canada

Alaska

KIB-KID Canada

KIC Eastern Canada

KID Western Canada

KIE-KIK United States

KIFNortheast Atlantic

KIG South

KIH North Central

KIJ Pacific Northwest

KIK New Southwest

Regions for Law of Indigenous Peoples in the Americas

Confidential - Internal Distribution


Regions for law of indigenous peoples in the americas

Regions for Law of Indigenous Peoples in the Americas

North America

  • KIE United States (General / Comparative American Indian law)

    • KIG 1-30 South

      • KIG101 – 5350 Indian jurisdictions

  • KIB Canada (General /comparative Aboriginal Law)

    • KID 1-30 Western Canada

      • KID 101 – 8820 Aboriginal jurisdictions


American indian jurisdictions by region us

American Indian Jurisdictions. By Region (US)

14


Classification portal to indigenous law intelligent access to information

Where in the LCC does * Doctrine of Discovery & Occupationfit in? And what is the enduring impact of this doctrine and the * International Principle of terra nullius


Classification portal to indigenous law intelligent access to information

KZLaw of Nations


Classification portal to indigenous law intelligent access to information

The Narrative of this international doctrine together with the legal concept of Terra nullius determined:* Common law doctrine: Aboriginal or Indian Titleover the last 200 years – and further * is background of the related issue of theFederal-Indian Trust Relationship and Trust System


Classification portal to indigenous law intelligent access to information

(Aboriginal) Original Indian Title: Time LineIndian title is recognized. “Discovery” gives the discovering nation only “pre-emption rights” Extinguishment by purchase, treaty, congressional acts (e.g., claims settlement acts)(1) British North America before Independence (a) Before 1763 ( Royal Proclamation): Private purchases of Indian lands (b) Royal Proclamation reserves for the Crown the exclusive right of “Pre-emption” (meaning Royal approval for all purchases)(2) US is successor nation. Confederation Congress Proclamation of 1783prohibits extinguishment of aboriginal title without consent of CongressPost Constitution: With ratification in 1788 of the Constitution, US States lost the ability to extinguish aboriginal title. The Nonintercourse Acts beginning1790-1833 codify this prohibition.Removal Act 1830Policy resulted in complete extinguishment of aboriginal title in Southern States, Indiana, and Ohio;1871Congress banned Indian treaties by StatuteBy 1886Tribal lands were largely either ceded to the Fed or designated as reservationsDawes Act 1887 (General Allotment Act) Communal reservation lands were broken up into parcels held in fee simple (alienable) by Indians (and others). Checkerboard starts. Assimilation policyCurtis Act 1898: allotment for the Five Civilized Tribes, abolished tribal governmentIndian Reorganization Act (Indian New Deal) 1934Slowed the practice of allotment of communal tribal lands to individuals. The act also allowed the US purchase of fee lands to restore it to “land in trust status”Land-Buy-Back Program (current)


Definitions and facts aboriginal title native title

Definitions and Facts: Aboriginal Title/Native Title

Original Indian Title established by actual, continuous, and exclusive use for a long time

Could be also held by individuals (from ancestors)

No alienation (legally) except to federal Government or with Congressional approval

“Exclusive and plenary” power of Congress to extinguish title by purchase or conquest

(without compensation)

“Federal sovereign immunity” bars possessory claims against government

(compensatory claims by statute)

Eleventh Amendment bars both possessory and compensatory claims against states

Unextinguished aboriginal title provides cause of action for ejectment or trespass

(federal subject-matter jurisdiction)

Tribal law suites settled by Congressional legislation (Land settlement acts)

(extinguishment of title & monetary compensation)


Trust theory and practice trust doctrine

Trust Theory and Practice (Trust Doctrine)

Trust relationship and Trust obligations by the US Government vs. Indian title

Creation of trust status for Indian land (Indian land is not held in trust by the US unless

legal conditions are met):

Treaties and agreements:

US Constitution (treaty making power, including Indians; commerce and peace)

US Court decisions (early Supreme Court cases) (guardianship=Indians are wards=Marshall)

Fed. statutes or Executive order ( designating land as reservation)

By conversion of “public land” to Indian reservation by the Secretary of the Interior

Land in “trust status” or “Trust land” (ca. 51 mio. acres Indian-owned land):

neither the trustee (US Gov) nor Indian owner can dispose without

consent of the other

US Gov. responsibilities:

Protection of Indian trust Property (all natural resources: minerals, water, timber,

fishing and hunting rights

Protection of right to Self-Government

Provisions of Social, medical, and educational benefits

Administration of Indian trust funds. Trust land consolidation fund

Sale or lease of resources (mineral, gas, timber, etc.)

Funds from land-buy-back program (land consolidation of fractionated

interests as result of allotment)


Classification portal to indigenous law intelligent access to information

Comparative Content:How is the Relationshipresolved between * KIE: US (Comparative Indian Tribal law)&* KF: Indians (Comparative Federal Law)


Kie united states indian tribal law

KIE United States (Indian Tribal Law)


Kf american indians federal law

KF American Indians (Federal Law)


Kie united states indian tribal law1

KIE United States (Indian Tribal Law)


Kf american indians federal law1

KF American Indians (Federal Law)


Kf american indians federal law2

KF American Indians (Federal Law)


Kf american indians federal law3

KF American Indians (Federal Law)


Maps for the electronic portal guide to law online

Maps for the Electronic Portal:Guide to Law - Online


North america clickable diagram http www loc gov loc classwebdemo mapdemo html

North America – Clickable Diagramhttp://www.loc.gov/loc/classwebdemo/mapdemo.html

Select a region by

clicking on the

map


United states clickable diagram

United States – Clickable Diagram


Ancsa regional map

ANCSA Regional Map

The twelve Regions:

AS = Arctic Slope

NA = NANA

DY = Doyon

BS = Bering Straits

CA = Calista

CO = Cook Inlet

AHT = Ahtna

BB = Bristol Bay

AL = Aleut

KO = Koniag

CHU = Chugach

SEAL = Sealaska

http://ancsaregional.com/ancsa-map

AS

NA

DY

BS

AHT

CA

CO

BB

CHU

SEAL

KO

AL


Http www loc gov aba news

http://www.loc.gov/ABANEWS


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