AltaMira Press
Pages: 482
•
Trim: 0 x 0
978-0-7591-1940-6 • eBook • January 2010 • $62.06 • (£48.00)
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 vii
Preface to the Second Edition xi
Notes on Law, Non-Indian Anthropologists, and Terminology xv
Acknowledgments xix
Credits xxi
1 What Is Law? Legal Norms, Structures, and Practices 1
2 Studying Tribal Law and Contemporary Tribal 14
Legal Documents
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 73
Tribal Governments
6 Introduction and History of Tribal Courts 92
7 Tribal Justice Systems Today: General Overview 103
and Comparison
8 Examples of Tribal Court Systems 110
9 An Introduction to Balancing Tribal Legal Heritage 121
and Anglo-American Law
v
n
00frontmatter.qxd 11/4/09 9:05 AM Page v
10 Introduction to Tribal Court Authority: Differences 136
between Criminal and Civil Law
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
20 Affirming Tribal Authority: 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
Richland and Deer have put together an indispensible resource for those working with tribal communities. With a particular focus on strengthening Native governments through methods consistent with indigenous values and understandings, this text will undoubtedly become a 'go to' resource for anyone concerned with Native sovereignty and tribal legal institutions....
— Angela R. Riley, UCLA American Indian Studies Center
Introduction to Tribal Legal Studies is an indispensible resource for scholars, practitioners, and students, and well-deserving of an update. Richland and Deer approach tribal law, a fast-growing and cutting-edge field, with intellectual rigor withrespect to the educational aspects of the law and with understanding and respect to Indian culture, language, and traditions. It is unusual for a legal work to practice what the Anishinaabek call Mino-Bimaadziwin, walking the good road and living a good life, and this book is a testament to their dedication to Indian people...
— Matthew L.M. Fletcher, associate professor of law; Director of the Indigenous Law and Policy Center, Michigan State University College of Law