Introduction to Tribal Legal Studies

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Rowman & Littlefield, 2010 - Law - 457 pages
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This second edition of Introduction to Tribal Legal Studies is the only available comprehensive introduction to tribal law. 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 courts is maintained. This book is an indispensable resource for students, tribal leaders, and tribal communities 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.
  

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Contents

Studying Tribal Law and Contemporary Tribal
14
Tribal Law in Customs and Traditions
36
Forms and Trends of Traditional Tribal Governments
59
The History of Federal Indian Policy and the Changes to
73
Introduction and History of Tribal Courts
92
General Overview
103
Examples of Tribal Court Systems
110
An Introduction to Balancing Tribal Legal Heritage
121
The Indian Civil Rights Act of 1968
253
Santa Clara Pueblo v Martinez
259
Contemporary Civil Rights Issues
276
Sources of Law
293
Common Law in Contemporary Legal Systems
312
Traditional Dispute Resolution
327
Introduction to Peacemaking
339
Models of Peacemaking
353

Differences
136
Criminal and Civil Violations in Tribal Legal Traditions
143
Tribal Criminal Jurisdiction
153
Tribal Civil Jurisdiction
171
Tribal Kinship and the Law
189
Boarding Schools and the Removal of Tribal Children
198
The Indian Child Welfare Act of 1978
212
Tribal Court Custody Proceedings
225
Introducing Indian Civil Rights
242
Separation of Powers
372
Ethics for Tribal Judges
381
Ethics for Tribal Court Personnel
394
Ethics for Tribal Court Advocates
405
Conclusion
435
Glossary
437
Index
453
Copyright

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About the author (2010)

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 assistant professor at William Mitchell College of Law in St. Paul, MN. She is co-author of Tribal Criminal Law and Procedure and co-editor of Sharing Our Stories of Survival: Native Women Surviving Violence, both in the Tribal Legal Studies series.

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