Introduction to Tribal Legal StudiesThis 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. |
Contents
| 1 | |
| 14 | |
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 Tribal Governments | 73 |
6 Introduction and History of Tribal Courts | 92 |
General Overview and Comparison | 103 |
8 Examples of Tribal Court Systems | 110 |
18 Introducing Indian Civil Rights | 242 |
19 The Indian Civil Rights Act of 1968 | 253 |
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 |
9 An Introduction to Balancing Tribal Legal Heritage and AngloAmerican Law | 121 |
Differences between Criminal and Civil Law | 136 |
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 |
Other editions - View all
Common terms and phrases
action adoption American Indian Anglo-American law Anglo-American legal apply authority Cherokee chiefs Circle Peacemaking clan client common law conduct Congress contemporary tribal crime criminal jurisdiction cultural custody customary law customs and traditions decision dispute resolution ethics federal courts Haudenosaunee Hopi Hopi Tribe ICRA Indian children Indian Civil Rights Indian Country Indian Law Indian Reorganization Act Indian tribes indigenous individual involved issues Lac du Flambeau land Law Review lawyer legislation Little River Band ment Native Native American Navajo Nation NNBA non-Indian norms parents parties Peacemaking person placement practices protect Pueblo punishment recognized relationship responsibility rules Santa Clara Pueblo social society sovereign sovereign immunity structures Tafoya tion tribal codes tribal communities Tribal Council tribal court tribal court systems tribal governments tribal judge tribal law Tribal Legal Studies tribal legal systems tribal members tribal nations tribal sovereignty U.S. Supreme Court unique legal heritage United violations