Introduction to Tribal Legal Studies

by Richland, Justin B.; Deer, Sarah

• ISBN13: 9780759112117
• ISBN10: 0759112118
• Edition: 2nd
• Format: Paperback
• Copyright: 2009-12-30
• Publisher: Rowman & Littlefield Pub Inc

Summary

This second edition of Introduction to Tribal Legal Studies updates a text that remains the first and only comprehensive introduction to tribal law specifically geared to citizens of Native American nations, their leaders, and those who work with them in the promotion of Native sovereignty more generally. In clear and straightforward language, Justin B. Richland and Sarah Deer discuss the history and structure of tribal justice systems, the scope of criminal and civil jurisdictions, and the various means by which the integrity of tribal law is maintained. This book is an invaluable resource for anyone interested in the complicated relationship between tribal, federal, and state law. The second edition provides significant updates on all changes in laws affecting the tribes, numerous new case studies (including studies on Alaskan tribes and family law), and a new concluding chapter. Book jacket.

Author Biography

Justin B. Richland is associate professor in the Department of Criminology, Law, and Society at the University of California, Irvine. He is also author of Arguing with Tradition: The Language of Law in Hopi Tribal Court (2008) and cofounder and chair of the board of the Nakwatsvewat Institute, a Native American nonprofit organization dedicated to providing social justice services to indigenous communities worldwide. Sarah Deer is assistant professor at William Mitchell College of Law in St. Paul, Minnesota, and a former U.S. Department of Justice official. She is coauthor of Tribal Criminal Law and Procedure and coeditor of Sharing Our Stories of Survival: Native Women Surviving Violence, both in the Tribal Legal Studies series as well as author of several academic articles on violent crime in Indian country.

Table of Contents

Foreword	p. vii
Preface to the Second Edition	p. xi
Notes on Law, Non-Indian Anthropologists, and Terminology	p. xv
Acknowledgments	p. xix
Credits	p. xxi
What Is Law? Legal Norms, Structures, and Practices	p. 1
Studying Tribal Law and Contemporary Tribal Legal Documents	p. 14
Tribal Law in Customs and Traditions	p. 36
Forms and Trends of Traditional Tribal Governments	p. 59
The History of Federal Indian Policy and the Changes to Tribal Governments	p. 73
Introduction and History of Tribal Courts	p. 92
Tribal Justice Systems Today: General Overview and Comparison	p. 103
Examples of Tribal Court Systems	p. 110
An Introduction to Balancing Tribal Legal Heritage and Anglo-American Law	p. 121
Introduction to Tribal Court Authority: Differences between Criminal and Civil Law	p. 136
Criminal and Civil Violations in Tribal Legal Traditions	p. 143
Tribal Criminal Jurisdiction	p. 153
Tribal Civil Jurisdiction	p. 171
Tribal Kinship and the Law	p. 189
Boarding Schools and the Removal of Tribal Children	p. 198
Tribal Court Custody Proceedings	p. 225
Introducing Indian Civil Rights	p. 242
The Indian Civil Rights Act of 1968	p. 253
Affirming Tribal Authority	p. 259
Contemporary Civil Rights Issues	p. 276
Sources of Law	p. 293
Common Law in Contemporary Legal Systems	p. 312
Traditional Dispute Resolution	p. 327
Introduction to Peacemaking	p. 339
Models of Peacemaking	p. 353
Separation of Powers	p. 372
Ethics for Tribal Judges	p. 381
Ethics for Tribal Court Personnel	p. 394
Ethics for Tribal Court Advocates	p. 405
Conclusion	p. 435
Glossary	p. 437
Index	p. 45
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