Introduction to Tribal Legal Studies (eBook)

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.

Foreword viiPreface to the Second Edition xiNotes on Law, Non-Indian Anthropologists, and Terminology xvAcknowledgments xixCredits xxi1 What Is Law? Legal Norms, Structures, and Practices 12 Studying Tribal Law and Contemporary Tribal 14Legal Documents3 Tribal Law in Customs and Traditions 364 Forms and Trends of Traditional Tribal Governments 595 The History of Federal Indian Policy and the Changes to 73Tribal Governments6 Introduction and History of Tribal Courts 927 Tribal Justice Systems Today: General Overview 103and Comparison8 Examples of Tribal Court Systems 1109 An Introduction to Balancing Tribal Legal Heritage 121and Anglo-American Lawvn00frontmatter.qxd 11/4/09 9:05 AM Page v10 Introduction to Tribal Court Authority: Differences 136between Criminal and Civil Law11 Criminal and Civil Violations in Tribal Legal Traditions 14312 Tribal Criminal Jurisdiction 15313 Tribal Civil Jurisdiction 17114 Tribal Kinship and the Law 18915 Boarding Schools and the Removal of Tribal Children 19816 The Indian Child Welfare Act of 1978 21217 Tribal Court Custody Proceedings 22518 Introducing Indian Civil Rights 24219 The Indian Civil Rights Act of 1968 25320 Affirming Tribal Authority: Santa Clara Pueblo v. Martinez 25921 Contemporary Civil Rights Issues 27622 Sources of Law 29323 Common Law in Contemporary Legal Systems 31224 Traditional Dispute Resolution 32725 Introduction to Peacemaking 33926 Models of Peacemaking 35327 Separation of Powers 37228 Ethics for Tribal Judges 38129 Ethics for Tribal Court Personnel 39430 Ethics for Tribal Court Advocates 405Conclusion 435Glossary 437Index 453