Introduction to Tribal Legal Studies

by Justin B. Richland, Sarah Deer

Overview

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.

Product Details

ISBN-13:	9780759119406
Publisher:	AltaMira Press
Publication date:	01/16/2010
Series:	Tribal Legal Studies
Sold by:	Barnes & Noble
Format:	eBook
Pages:	482
File size:	2 MB

About the Author

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.
Sarah Deer is a citizen of the Muscogee (Creek) Nation of Oklahoma. She is a professor of law at the William Mitchell College of Law. She is a 2014 recipient of the MacArthur Foundation's Genius Grant.

Table of Contents

Foreword vii
Preface to the Second Edition xi
Notes on Law, Non-Indian Anthropologists, and Terminology xv
Acknowledgments xix
Credits xxi
1 What Is Law? Legal Norms, Structures, and Practices 1
2 Studying Tribal Law and Contemporary Tribal 14
Legal Documents
3 Tribal Law in Customs and Traditions 36
4 Forms and Trends of Traditional Tribal Governments 59
5 The History of Federal Indian Policy and the Changes to 73
Tribal Governments
6 Introduction and History of Tribal Courts 92
7 Tribal Justice Systems Today: General Overview 103
and Comparison
8 Examples of Tribal Court Systems 110
9 An Introduction to Balancing Tribal Legal Heritage 121
and Anglo-American Law
v
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00frontmatter.qxd 11/4/09 9:05 AM Page v
10 Introduction to Tribal Court Authority: Differences 136
between Criminal and Civil Law
11 Criminal and Civil Violations in Tribal Legal Traditions 143
12 Tribal Criminal Jurisdiction 153
13 Tribal Civil Jurisdiction 171
14 Tribal Kinship and the Law 189
15 Boarding Schools and the Removal of Tribal Children 198
16 The Indian Child Welfare Act of 1978 212
17 Tribal Court Custody Proceedings 225
18 Introducing Indian Civil Rights 242
19 The Indian Civil Rights Act of 1968 253
20 Affirming Tribal Authority: Santa Clara Pueblo v. Martinez 259
21 Contemporary Civil Rights Issues 276
22 Sources of Law 293
23 Common Law in Contemporary Legal Systems 312
24 Traditional Dispute Resolution 327
25 Introduction to Peacemaking 339
26 Models of Peacemaking 353
27 Separation of Powers 372
28 Ethics for Tribal Judges 381
29 Ethics for Tribal Court Personnel 394
30 Ethics for Tribal Court Advocates 405
Conclusion 435
Glossary 437
Index 453

Editorial Reviews

Introduction to Tribal Legal Studies remains an indispensable resource for students, advocates, leaders, judges, and students. The new edition provides critical materials on the way American Indian tribal justice shifted dramatically in the last few years as the United States enacted two important criminal justice statutes enhancing tribal criminal sentencing authority and authorized tribes to prosecute non-Indians for crimes against intimate partners. Inaakonigewin (Indian law) matters more now than ever, and more Indian people have a stake in their justice systems. This new edition is the handbook of tribal justice for Indian people all over.

Matthew L.M. Fletcher

In this updated edition, Richland and Deer have built on an already indispensable resource for those working with tribal communities. With new material throughout — including vital changes in tribal criminal jurisdiction and sentencing authority, among others – this text will undoubtedly become a ‘go to’ resource for anyone concerned with tribal sovereignty and tribal legal institutions.

Angela R. Riley

Richland and Deer offer a rich and up-to-date collection of the most indispensable articles and essays on tribal legal systems, together with examples of cases, statutes, and constitutions, in a format that is accessible to both law-trained and lay audiences. The third edition includes new material on tribal approaches to integrating traditional justice into modern court systems and an updated chapter on the Indian Child Welfare Act. It also covers key changes to federal laws affecting tribal criminal power. Here, the authors do more than simply summarize the changes by including a helpful discussion of how federal law affects tribal criminal courts in practice and highlighting creative strategies for working within and around jurisdictional limits.

Addie C. Rolnick

In this updated edition, Richland and Deer have built on an already indispensable resource for those working with tribal communities. With new material throughout -- including vital changes in tribal criminal jurisdiction and sentencing authority, among others - this text will undoubtedly become a 'go to' resource for anyone concerned with tribal sovereignty and tribal legal institutions.--Angela R. Riley, UCLA American Indian Studies Center

Introduction to Tribal Legal Studies remains an indispensable resource for students, advocates, leaders, judges, and students. The new edition provides critical materials on the way American Indian tribal justice shifted dramatically in the last few years as the United States enacted two important criminal justice statutes enhancing tribal criminal sentencing authority and authorized tribes to prosecute non-Indians for crimes against intimate partners. Inaakonigewin (Indian law) matters more now than ever, and more Indian people have a stake in their justice systems. This new edition is the handbook of tribal justice for Indian people all over.--Matthew L.M. Fletcher, associate professor of law; Director of the Indigenous Law and Policy Center, Michigan State University College of Law

Richland and Deer offer a rich and up-to-date collection of the most indispensable articles and essays on tribal legal systems, together with examples of cases, statutes, and constitutions, in a format that is accessible to both law-trained and lay audiences. The third edition includes new material on tribal approaches to integrating traditional justice into modern court systems and an updated chapter on the Indian Child Welfare Act. It also covers key changes to federal laws affecting tribal criminal power. Here, the authors do more than simply summarize the changes by including a helpful discussion of how federal law affects tribal criminal courts in practice and highlighting creative strategies for working within and around jurisdictional limits.--Addie C. Rolnick, University of Nevada, Las Vegas, associate professor of law

From the Publisher