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1 NARF Legal Rev. 1 (1972)

handle is hein.journals/narf1 and id is 1 raw text is: 

















Volume 1, No. 1


Development Of The
National Indian
Law Library
   ... Indian law is a vast hodgepodge
of treaties, judicial and administrative
rulings, and unrecorded practices in
which the intricacies, the perplexities,
the confusions and injustices of the
law governing Indians lay concealed-
                       Felix Frankfurter


On May 23, 1972 the Carnegie Corpor-
ation of New York announced that it
had made a $119,000 grant to the Na-
tive American Rights Fund for the
development of the National Indian
Law Library.
   Alan Pifer, President of Carnegie
Corporation, in announcing the grant,
said: The  National Indian  Law
Library is already well on its way to
being the best source of documents on
Indian law in the country. We are
pleased to help it develop into a re-
search and information center with a
nation-wide reach. We hope its ex-
panded services will encourage more
lawyers to represent Indian clients
and thereby secure justice for Native
Americans now inadequately served.
  In the fall of 1971, the Fund began to
develop the concept of a central clear-
inghouse for Indian legal materials.
The formation of the first national
Indian legal program, combined with
already existing OEO Indian legal ser-
vices and the resulting three-fold in-
crease in Indian litigation, brought into
sharp focus the need for such a project.
  In the past, no single person or in-
stitution has been aware of all of the
lawsuits affecting Indians which have
been filed, and there has been no con-


certed effort at communicating the
existence of such suits or other sig-
nificant developments in Indian law.
This has been particularly detrimental
to the restoration of Indian rights
because the efforts of those few at-
torneys who have been involved have
been uncoordinated and the results
(often even the existence) of Indian
related litigation has not been gene-
rally known to others working in the
field.
  Many attorneys have been unable to
represent Indians at all due to the dif-
ficulty of researching Indian law and
keeping track of current developments
and because of the specialized nature
of the problems. Either the task has
proven too great for the attorney or
firm, or the cost has been prohibitive
to the Indian client.


  In all areas of Indian law, it is highly
desirable to present the courts with
issues in an orderly, carefully calcu-
lated manner so that the law in this


difficult and complex field of work de-
velops favorably. Bad law can be made
by having the wrong case decided
too soon, and much work and many
costly mistakes will now be avoided by
attorneys and their preparations for
litigation made more complete because
of the compilation and ready access to
the files of the National Indian Law
Library.
  As one of the first steps towards set-
ting up the Library, Fund staff mem-
bers, with encouragement from the
Office of Economic Opportunity,
visited the National Clearinghouse for
Legal Services in Chicago and dis-
cussed with them all of the implica-
tions of the development of the Library
project.
  The Clearinghouse is widely known
for providing comprehensive services
to lawyers practicing poverty law, and
in this capacity has developed a col-
lection of Indian related cases. This
month the Library, with the assistance
and support of OEO, officially assumed
the Indian law functions of the Clear-
inghouse with the transference to
Boulder of all Indian law documents
in the Clearinghouse collection.
  The development of workable in-
dices has proved to be the most dif-
ficult problem facing the Library. The
Fund's staff represents the largest body
of Indian law expertise in the country
and all of the attorneys have been
assisting with the refinement of the
index in order that it might be a truly
effective research and litigation tool.
Consultants from across the country
including law librarians, bibliographers
and professors of Indian law have also
been working with Melody Mac-
Kenzie, Librarian, and other staff to
ascertain what improvements and
changes should be made at this early
stage of operation.


Digitized from Best Copy Available


June, 1972

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