American Indian treaties and the lower federal courts: A guide to treaty citations from opinions of the lower United States federal court system

In a previous study, it was found that 209 of 375 recognized American Indian treaties have been cited in opinions of the United States Supreme Court (Bernholz, 2004). This guide now identifies – through 246 citations from 142 cases between the years 1863 and 2005 – 85 treaties found only in opinions of the lower Federal Court system. In addition, this investigation uncovered another treaty referenced by the Supreme Court. The remaining 80 instruments have not appeared in opinions of the federal courts (Bernholz, 2001, Bernholz, 2002 and Bernholz and Weiner, 2005).