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Finding Aid for the Howard R.
Berman Papers,
1835-1997
[bulk
1976-1997]
Law Spec. Coll. 06
Charles B. Sears Law
Library
O'Brian HallUniversity at Buffalo, State University of New
YorkBuffalo, New York 14260-1110United StatesPhone: 716 645-2047Fax: 716 645-3860Email:
asklaw@buffalo.edu URL:
http://law.lib.buffalo.edu Finding aid prepared by Karen L.
Spencer.
Finding aid encoded in EAD by Karen L. Spencer, February 2007.
Finding aid written in
English.
Finding aid prepared using DACS (
Describing Archives: A Content Standard
)
Please use the following URL when citing this document:
http://purl.org/net/findingaids/view?docId=ead/law/ublaw0006.xml
©
2007. State
University of New York at Buffalo. All rights reserved.
Title: Howard R. Berman Papers,
1835-1997
[bulk 1976-1997]
Extent: 53
manuscript boxes, 6 oversize boxes
(30 linear feet)
Language of Material:
Collection material in English,
French and some
ephemeral materials in indigenous languages.
Repository:
Charles B. Sears Law Library, State
University of New York at Buffalo.
Abstract: Collection includes
original writings by Mr. Berman and background materials he collected in his
research and consulting with and on behalf of indigenous peoples.
Preferred Citation
[Specified item], Box/Folder #, Law Spec. Coll. 06, Howard R. Berman
Papers, 1835-1997, Charles B. Sears Law Library, The State University of New
York at Buffalo.
Acquisition Information
Gift of Howard R. Berman's estate, 1997.
Terms of Access
Materials can be examined by qualified researchers in the Law
Library during hours of operation during which Law Reference Librarians are
present. In order to insure access, researchers are advised to contact the Law
Library in advance of visits.
Copyright
Copyright for the materials in the collection does not reside with
the Law Library. Therefore, patrons wishing to publish any item, or part of an
item from this collection for any purpose, are responsible for securing
requisite permissions. Most papers may be copied in accordance with the
library's usual procedures unless otherwise specified.
Processing Information
Processed by Karen L. Spencer in 2000 and 2007.
Accruals and Additions
No further accruals are expected to this collection.
Howard R. Berman, a 1973 graduate of the UB Law School, taught
American Indian Law and Human Rights at UB from 1978 to 1982. Professor Berman
taught at Harvard Law School from 1983 to 1987 and California Western Law
School from 1987 until his death. He maintained a private practice in American
Indian law and served as an attorney for the Indian Law Resource Center in
Washington D.C. from 1978-81.
Prof. Berman was an early leader in the development of law on the
rights of indigenous peoples. His interests also included comparative law,
international environmental law, international law, international trade and
property. He chaired the Interest Group on Indigenous Rights for the American
Society of International Law and served on the Board of Advisors for the
International Working Group for Indigenous Affairs for the United Nations from
1993 until his death. He worked closely with the traditional Haudenosaunee [Six
Nations, Iroquois Confederacy] and consulted with many indigenous peoples
around the world.
He was an avid collector of rare books on New York history and Indian
affairs, and international law. Upon his death in June 1997, Professor Berman
donated to the Law Library his collection of books and papers which focus on
Indian Nations within New York State and the rights of indigenous peoples
worldwide.
Collection includes original writings (essays, reports,
correspondence, and course materials) by Mr. Berman; unpublished conference
papers and research proposals; photocopies of journal articles, bibliographies,
correspondence, book excerpts, Congressional materials, maps, pamphlets from
indigenous peoples’ organizations and official working documents from the
International Labor Organization, the United Nations, and other international
organizations. Also includes photocopies of early papers in the development of
the United Nations Declaration on the Rights of Indigenous Peoples.
The collection is arranged in eleven series:
I.
Berman Authored Materials
II.
Aboriginal Rights and American Indian Law
III.
Indians and New York State
IV.
Indians and Canada
V.
Other Indigenous Peoples
VI.
Non-governmental organizations (NGOs), Intergovernmental Organizations
(IGOs) & Indigenous Peoples Organizations
VII.
International Labour Organization (ILO)
VIII.
Minorities and International Law
IX.
United Nations Working Group on Indigenous Populations (WGIP)
X.
Serials
XI.
Oversize
|
| Box-folder |
|
Contents |
|
| 1.1 |
|
Articles
|
|
| 1.2 to 1.4 |
|
Unpublished essays and speeches; handwritten notes.
|
|
| 1.5 to 1.8 |
|
Correspondence while at Harvard Law School,
1983-1987; resume; some originals and handwritten
notes.
|
|
| Box-folder |
|
Contents |
|
| 2.1-2.8 |
|
Bibliographies, articles
|
|
| 3.1-4.3 |
|
Book excerpts
(8 folders) |
|
| 4.4-5.3 |
|
Unpublished conference papers
(5 folders) |
|
| 5.4-5.5 |
|
Excerpts from British treatises; British court cases
|
|
| 6.1-6.4 |
|
American Indian Law course notes
|
|
| 6.5 |
|
Legal references from the Seneca cases before the
United States Indian Claims
Commission
|
|
| 6.6 |
|
Articles about
Felix S. Cohen
|
|
| 7.1-7.2 |
|
Bibliographies, articles
|
|
| 7.3-8.5 |
|
Book excerpts
(6 folders) |
|
| 8.6 |
|
Alaska
--including government document: Russian America. Message
from the President of the United States, in answer to a resolution of the House
of 19th of December last, transmitting correspondence in relation to Russian
America ....
1868.[40th
Cong/2d Sess Ex. Doc. No.177] 361 p.
|
|
| 8.8 |
|
Hawaii
--including government document: Message from the
President of the United States transmitting correspondence respecting relations
between the United States and the Hawaiian Islands from September, 1820, to
January,
1893. [52d
Cong/2d Sess Ex.Doc. no.77] 192 p. and Government for the
Territory of Hawaii…report to accompany H.R. 2972.
1900, [56th Cong/1st Sess Rep. no. 305] 108
p.
|
|
| 9.1-9.2 |
|
Border Crossing: copies from the papers of
George P. Decker Papers located at
St. John Fisher College, Rochester, New York, and assorted
articles, cases, memos and handwritten Berman notes.
|
|
| 9.6 |
|
United States trust responsibility
|
|
| 10.1-10.4 |
|
United Nations Human
Rights Commission (UNHRC) complaint filed in 1980: background
documents by the
Indian Law Resource Centerand the Institute for
Polity Studies, correspondence, official petitions and complaints. Includes
handwritten Berman notes.
|
|
| 11.1-11.8 |
|
United States Congressional material,
1775-1892
|
|
| 12.1-12.9 |
|
United States statutes, cases, records and
briefs.
|
|
| 13.1 |
|
United States Attorney General opinions,
1841-1936
|
|
| 13.2 |
|
U.S.
War Dept. Division of Insular Affairs, Cases 1102 & 1244
(1899)
|
|
| 13.3 |
|
Selections from
American State Papers, Class II Indian
Affairs, 1832
|
|
| 13.4 |
|
Selections from
Diplomatic Correspondence of the United
States, Canadian Relations 1784-1860 by William R. Manning,
1940
|
|
| 13.5 |
|
Selections from
European Treaties bearing on the History
of the United States and its Dependencies to 1648, edited by
Frances G. Davenport, 1967; Treaty between Virginia and Maryland with the Six
Nations, 1744; treaties with Great Britain
|
|
| 13.6 |
|
Treaty of
Canandaigua, 1794: diary selections from
William Savery and
James
Emlem
|
|
| Box-folder |
|
Contents |
|
| 14.1 |
|
Haudenosaunee Grand Council;
includes some originals and handwritten Berman notes.
|
|
| 14.2-14.3 |
|
Cayuga Nation: Photocopies Berman made in 1982 from the
papers of
George P. Deckerlocated at
St. John Fisher College, Rochester, New York with a numbered table of contents
created by Karen L. Spencer in 1982; materials on the Arbitration of Outstanding Pecuniary Claims Between Great
Britain and the United States of America,
1914
|
|
| 14.4-14.10 |
|
Mohawk Nation:
Akwesasne crisis
1990including
Berman correspondence and handwritten notes, New York Assembly documents and
communications;
St. Regis
Reserve map and photocopies from the National Archives; Berman
correspondence and other materials on gaming, taxation and pollution. See also
Oversize item no. 4
|
|
| 15.1 |
|
Oneida Nation: gaming compact; court
briefs
|
|
| 15.2-15.5 |
|
Onondaga
Nation: briefs and other litigation materials on
Jones v. Dillon, 124 A.D.2d 1042 (4th Dept. 1986)
and Papineau v. Cook; record & brief on
Onondaga Nation v. Thatcher, 53 A.D. 561 (4th
Dept. 1900); includes Berman handwritten notes and brief
|
|
| 16.2-17.5 |
|
Seneca Nation of Indians: history of the
nation including photocopies of the Constitution of the Seneca Nation of
Indians (
1933-1993); political crisis
1994-95
including correspondence, litigation papers, court decision of
Bowen v. Doyle, 880 F. Supp. 99, (W.D.N.Y.
1995),
newspaper clippings; oil & gas leases; Salamanca lease; Southern Tier
Expressway; New York laws and U.S. Congressional materials
(10 folders) |
|
| 17.6 |
|
Hearings in Favor of the Bill
(H.R. 12270) for the Allotment of Lands in Severalty Among Seneca Nation of New
York Indians, and for Other Purposes hearings before the United States House
Committee on Indian Affairs, Fifty-Seventh Congress, first session, on Mar. 15,
22, 29,
1902. 112 p.
|
|
| 17.7 |
|
Report of the Secretary of War,
submitting a communication from the Commissioner of Indian Affairs: with a
report from the commissioner appointed to investigate whether the Seneca
Indians have sustained losses through a late sub-agent of the United States.
1848.77 p.
|
|
| 17.8 |
|
U.S. Congress. Senate. Committee
on Indian Affairs. Seneca Nation of New York Indians…Papers to accompany
S.2828. to regulate the collection and disbursement of moneys arising from
leases made by Seneca Nation of Indians, and for other purposes.
1898.[55th Cong./2d Sess. Doc. No. 145] 15
p.
|
|
| 17.9 |
|
In the Senate of the United
States letter from the Secretary of the Interior, transmitting information
relating to the Odgen Land Company, and to the claim of said company to certain
lands of the Seneca Nation of Indians.
1895.[53rd
Cong/3d Sess. Exec. Doc. No. 52] 40 p.
|
|
| 17.10 |
|
Seneca Nation of New York Indians
message from the President of the United States, transmitting a communication
from the Secretary of the Interior and a memorial of the council of the Seneca
Nation of New York Indians against the passage of Senate bill no. 19.
1882. [47th
Cong./1st Sess. Ex. Doc. No.83] 12 p. (2 copies)
|
|
| 17.11 |
|
United States. Congress. Senate.
Report of the Secretary of the Interior relative to the claim of the Brotherton
Indians.
1855. [ 33rd
Congress, 2nd session, Ex. Doc. no. 45] 28 p.
|
|
| 17.12 |
|
New York. Senate. Message from
the governor, transmitting papers in relation to the Seneca Indians, No. 59 in
Senate, Feb. 11,
1850. 14 p.
|
|
| 17.13 |
|
New York. Assembly. Report of the
Comptroller on the memorial of the St. Regis Indians, No. 318 in Assembly,
March 24,
1835. 22 p.
|
|
| 18.1-18.6 |
|
New York Indian Law
(1950) --book
excerpts, New York Assembly and Senate documents, court cases
|
|
| 19.1-19.4 |
|
Land claims, Berman essays & handwritten notes,
United States Indian
Claims Commissioncases
|
|
| 20.1-20.3 |
|
U.S. Congressional materials,
U.S. Commissioner of
Indian Affairs reports,
1870-1930
|
|
| 20.4-20.14 |
|
Photocopies Berman made in 1982 from the papers of
George P. Deckerlocated at
St. John Fisher College, Rochester, New York. Each folder has a numbered table
of contents created by Karen L. Spencer in 1982.
|
|
| Box-folder |
|
Contents |
|
| 21.1-21.5 |
|
Articles, bibliographies, unpublished papers and reports
|
|
| 22.1 |
|
United Nations Human Rights Committee (UNHRC)
complaints,
1981-1984
|
|
| 22.2 |
|
Algonquin
Nation (Lac Barriere Band)
|
|
| 22.7 |
|
Lubicon Lake Indian Band
|
|
| 22.9 |
|
Musqueam
Indian Band: R. v. Sparrow, Supreme
Court of Canada, May 31,
1990 -
fishing rights
|
|
| 23.2 |
|
Six Nations Band: Isaac v. Davey
|
|
| 23.3 |
|
Mohawk Band, Quebec lands
|
|
| 23.4 |
|
The Covenant Chain:
The General Council of the Six Nations,
and the Delegates from different Bands in Western and Eastern Canada, June 10,
1870;
The Chain by Paul Williams
(thesis, 1982) 407 leaves
|
|
| 23.5-24.5 |
|
Deskaheh & the Six Nations appeal
to the
League of
Nations
1923
(6 folders) |
|
|
V. Other Indigenous Peoples |
|
Contains original and copies of
correspondence, original pamphlets and photocopies of articles, reports, book
excerpts, news clippings, League of Nations and United Nations
documents. |
|
| Box-folder |
|
Contents |
|
| 25.1 |
|
Aaland
Island:
League of
Nations documents,
1920-21
|
|
| 25.3 -25.5 |
|
Australia:
includes Eddie Mabo and Ors and The State of
Queensland, decision from the High Court of Australia,
1992 on
native title; Our Land Is Our Life, VHS videotape
documentary by Aboriginal peoples.
|
|
| 25.6 |
|
Bolivia:
The Legal Status of Indians in
Bolivia by Cecilia Medina, prepared for The Conference on
Discrimination Against Indigenous Peoples: The Americas, The United Nations,
Geneva, Switzerland,
1977 [also includes similar
titles for
Colombia,
Brazil and
Chile]
|
|
| 26.1-26.6 |
|
Bougainville Crisis, Papua New Guinea, 1988-: includes
handwritten Berman notes.
|
|
| 26.7 |
|
Brazil; see
also folder 25.6
|
|
| 27.6 |
|
Krajina (Bosnia and
Hercegovina): Draft Agreement on the Krajina,
Slavonia, Southern Baranja and Western Sirmium,
January 18, 1995 [Krajina
Constitution]
|
|
| 27.7 |
|
Latin
America: some material in Spanish
|
|
| 28.1 |
|
Mali:
Le Pacte National pact signed by
representatives of the rebel movements and the government in Mali,
April 11, 1993 [ in French]
|
|
| 28.2 |
|
Mexico: some
material in Spanish
|
|
| 28.3-28.5 |
|
New
Zealand: includes documents from the
Waitangi Tribunal and
The Treaty of Waitangi: The Validity of
the Treaty of Waitaingi in International and Municipal Law and Comparative
Analysis with selected North American Treaties with Indian Peoplesby
Pauline Kingi, L.L.M. Thesis,
1984
|
|
| 29.5-29.7 |
|
Taiwan:
includes Berman handwritten notes.
|
|
| 30.8 |
|
Samoa
including two government documents: Pacific Ocean and
South Seas. Letter from the Secretary of the Navy, transmitting a report of
J.N. Reynolds, in relation to islands, reefs, and shoals in the Pacific
Ocean…
1835.[23rd
Cong/2d Sess Doc. No. 105] 28 p. and American rights in
Samoa. Message from the President of the United States, with inclosures, in
response to the resolution of the House of Representatives in relation to the
affairs in Samoa.
1888. [50th
Cong/1st Sess. Ex. Doc. No. 238] 311 p.
|
|
| Box-folder |
|
Contents |
|
| 31.1-31.12 |
|
American Society for International Law,
Asian
Development Bank, The Coordinating Commission of Indigenous Nations
and Organizations of the Continent (CONIC),
Conference
on Security and Cooperation in Europe (Organization) (CSCE),
Council of
Europe, Ethnic Conflicts Resolution Project, Indigenous Populations
Documentation Research and Information Center (doCip),
Indian Law Resource Center
European
Parliament, Indigenous Alliance of the Americas,
Inter-American Commission on
Human Rights
|
|
| 32.1-32.8 |
|
International Work
Group for Indigenous Affairs (IWGIA), Project on Religion and Human
Rights (New York) (includes paper by Howard Berman),
Survival
International, World Council on Indigenous Peoples,
World
Rainforest Movement,
World Uranium Hearing,
World
Wildlife Fund
|
|
| 34.3-34.10 |
|
Various conferences on indigenous peoples
1982-1993 includes statement by Haudenosaunee - The
Six Nations in 34.5
|
|
| Box-folder |
|
Contents |
|
| 35.1-35.3 |
|
Berman course materials for International Organizations
(
Harvard Law
School,
1987)
|
|
| 35.4 |
|
ILO manual on procedures
|
|
| 36.1-36.4 |
|
Forced Labor Convention, Land Rights, Nomads,
Ratification Charts
|
|
| 39.1-39.4 |
|
ILO,
1988,
Official documents, Indigenous groups' materials, Berman reports
|
|
| 40.1-40.4 |
|
ILO,
1989,
Official documents, Indigenous groups' materials
|
|
| 40.5 |
|
ILO,
1990-1995,Official documents, Indigenous groups'
materials
|
|
| 40.6 |
|
Analysis of
ILO Conv. No. 169,
Indigenous and Tribal Peoples Convention (1989)
1995: Berman
correspondence,official documents, reports
|
|
| Box-folder |
|
Contents |
|
| 41.1-41.5 |
|
League of
Nations: articles and documents
|
|
| 42.1-42.4 |
|
European documents:
European
Parliament,
Permanent Court of
International Justice,
European Court of Human
Rights
|
|
| 42.5 |
|
Articles on Europe and Asia
|
|
| 43.2 |
|
Berman handwritten notes
|
|
| 43.3-43.5 |
|
Slavery:
League of
Nations documents,
United
Nations documents, articles
|
|
| 44.1-44.3 |
|
United Nations
protection of minorities: documents and articles to
1980
|
|
| 44.4 |
|
United Nations Study of the Problem of Discrimination
Against Indigenous Populations
1970's
|
|
| 45.1-45.3 |
|
United Nations Study of the Problem of Discrimination
Against Indigenous Populations - Final Report
1981-1983
|
|
| Box-folder |
|
Contents |
|
| 46.1-46.6 |
|
Official and working documents,
1982-86
|
|
| 47.1-46.4 |
|
Official and working documents,
1987-90
|
|
| 48.1-48.4 |
|
Official and working documents,
1990-1993
|
|
| 49.1-49.3 |
|
Official and working documents,
1994
|
|
| 50.1-50.5 |
|
Official and working documents,
1995; draft
United States response, miscellaneous UN documents
|
|
| 50.6 |
|
The United Nations Draft
Declaration on the Rights of Indigenous Peoples: An Analysis.
Aboriginal
and Torres Strait Islander Commission,
1996
|
|
| Box-folder |
|
Contents |
|
| 51 |
|
Miscellaneous journals by indigenous peoples
organizations,
1982-1996
|
|
| 52 |
|
Miscellaneous law reviews & journals containing
articles on human rights and indigenous peoples,
1979-1993
|
|
| 53 |
|
Miscellaneous law reviews & journals containing
articles on American Indian Law,
1987-1995
|
|
| 54-56 |
|
Akwesasne Notes,
1970-1978
|
|
| 57 |
|
Indigena,
1975-1977; Black Hills
Report,
1979; Spirit of the
People (Native American Solidarity Committee),
1976
|
|
|
XI. Oversize |
|
Oversize materials stored in Special
Collection Librarian's office. |
|
| Oversize |
|
Contents |
|
| 1 |
|
Photocopy of news clipping : “In
the Mohawk Valley – Sir William Johnson and His Influence”, The
Tri-Weekly Tribune, Monday November 10, 1902 with photos of Sir William Johnson
, Johnson Hall, and the Old Johnstown Jail.
|
|
| 2 |
|
Photocopy of book excerpt: Laws
and ordinances newly made by his majesty for the government of the Indies and
good treatment and preservation of the Indians, by Joan Vazquez [King of
Spain],1543
|
|
| 3 |
|
Photocopy of book excerpt: [Indian Treaties with the
Confederate States of America – 1861]
|
|
| 4 |
|
Field notes of the dependent
resurvey of that portion of the boundary of the St. Regis Indian Reservation
thtat conforms to the boundary of the original reservation, And retracement of
the remaining boundaries of the reservation as now held and occupied, by
the U.S. Dept. of Interior, General Land Office,
1938 [obtained by
Berman from the National Archives]
|
|
| 5 |
|
Photocopy of [A Map of the late Onondaga
Reservation…cut into lots of 250(?) Acres each – 1795]
|
|
| 6 |
|
Photocopy of [ A Map of the Onondaga Reservation…cut
into lots and partly Surveyed in the Year 1795…]
|
|
| 7 |
|
Photocopy of a map of Onondaga County, New York
[undated]
|
|
| 8-10 |
|
Photocopy of a map of [The State of New York – in three
parts with numbered tracts and an index, named purchases, Indian reservations,
and cities, 1819]
|
|
| 11 |
|
Photocopy of a map by A. Anderson, The State of New
York from the best Information, 1800
|
|
| 12 |
|
Photocopy of a map of lands along the Niagara River,
1805;
|
|
| 13 |
|
Photocopy of map of "Lands along the Niagara River
reserved to the State out of the Cession to Massachusetts, surveyed under the
direction of Simeon De Witt, Esq., Surveyor General"
|
|
| 14 |
|
Photocopy of a “map fragment from an 1857 Surveyor
General’s Report showing location and extent of New York Indian Lands [in]
Kansas” – taken from Berman notes on exterior cover. Original map fragment is
fragile and not to be copied.
|
|
| 15 |
|
Encapsulated "Map of the Wagon-Road from Platte River
via Omaha Reserve and Dakota City to Running Water River" by the U.S.
Department of Interior, 1858
|
|
| 16 |
|
1980 Native American Calendar by Akwesasne
Notes
|
The following terms have been used to index the description of this
collection in the Library's online catalog.
European Court of Human Rights
International Labour Organization
League of Nations
United Nations. Sub-commission on Prevention of Discrimination and Protection of Minorities. Working Group
United Nations. Working Group on Indigenous Populations
United States. Indian Claims Commission
Deskaheh, 1873-1925
Indians of North America
Indigenous peoples
International law
Iroquois Indians
Six Nations
United Nations. General Assembly. Declaration on the Rights of Indigenous Peoples
Federal government records
Journals (periodicals)
Letters (correspondence)
Pamphlets
Proceedings, conference
Speeches
Separated Material
Howard R. Berman Papers, Series XI.
Oversize materials are stored in Special Collections Librarian's office.
Howard R. Berman Collection Books, also
kept in Law Special Collections, may be identified by searching the University
Libraries Online Catalog using an
EXPERT search: "wcl=LARCH and
wrd=Berman"
Related Resources
This Law Special Collection includes books on the
Haudenosaunee (also known as the Iroquois Indians or Six Nations)with special
emphasis on the Senecas and Tuscaroras.
Materials from litigation of Onondaga Nation land claims in
central New York State, Onondaga Nation v. New York, et
al, U.S. District Court, Northern District of New York, Docket
05-CV-0314
This Law Special Collection materials from litigation of
Seneca Nation of Indians and Tonawanda Senecas’ land claims for Grand Island,
New York and the Oil Springs Reservation in Cuba, New York.
Reprinted with permission from the California Western School
of Law, 28 Cal.W.Int'l.L.J. (Spring 1998).
