Introduction to Tribal Legal Studies

Introduction to Tribal Legal Studies

by Justin B. Richland, Sarah Deer

Hardcover(Third Edition)

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Introduction to Tribal Legal Studies by Justin B. Richland, Sarah Deer

This second edition of Introduction to Tribal Legal Studies updates a text that remains the first and only comprehensive introduction to tribal law specifically geared to citizens of Native American nations, their leaders, and those who work with them in the promotion of Native sovereignty more generally. 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 law is maintained. This book is an invaluable resource for anyone 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.

Product Details

ISBN-13: 9781442232242
Publisher: Rowman & Littlefield Publishers, Inc.
Publication date: 12/15/2015
Series: Tribal Legal Studies Series
Edition description: Third Edition
Pages: 536
Product dimensions: 6.00(w) x 9.10(h) x 1.40(d)
Age Range: 18 Years

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 a citizen of the Muscogee (Creek) Nation of Oklahoma. She is a professor of law at the William Mitchell College of Law. She is a 2014 recipient of the MacArthur Foundation's Genius Grant.

Table of Contents

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 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

7 Tribal Justice Systems Today: General Overview and Comparison 103

8 Examples of Tribal Court Systems 110

9 An Introduction to Balancing Tribal Legal Heritage and Anglo-American Law 121

10 Introduction to Tribal Court Authority: 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

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 45

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