Introduction to Tribal Legal Studies

Justin B. Richland, Sarah Deer

AltaMira Press, Jan 16, 2010 - Law - 482 pages

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.

Contents

• 1 What Is Law? Legal Norms Structures and Practices: 1
• 2 Studying Tribal Law and Contemporary Tribal Legal Documents: 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
• 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
• 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
• 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

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 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.

Bibliographic information

• Title: Introduction to Tribal Legal Studies; Tribal Legal Studies
• Authors: Justin B. Richland, Sarah Deer
• Edition: 2, illustrated
• Publisher: AltaMira Press, 2010
• ISBN: 0759119406, 9780759119406
• Length: 482 pages
• Subjects: Law / Legal Education; Social Science / Ethnic Studies / American / Native American Studies