Introduction to Tribal Legal Studies

Front Cover
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.
 

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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
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
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
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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