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Vol 23 No 5 May/June 2018

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Introduction to Tribal Legal Studies

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ISBN13: 9780759105799
ISBN: 0759105790
Published: April 2006
Publisher: AltaMira Press, US
Format: Paperback
Price: Out of print

Introduction to Tribal Legal Studies, the first in a unique series of comprehensive studies of tribal law in the United States, focuses on law developed by and for Indian Nations and Native people. It addresses the power of tribal courts and tribal legal systems as key to the exercise and expansion of tribal sovereignty.

Richland and Deer discuss in depth the histories, structures, and practices of tribal justice systems, efforts to balance tribal legal heritage and Anglo-American law, the scope of criminal and civil jurisdictions, child welfare and civil rights, traditional dispute resolution mechanisms in contemporary tribal law, models of peacemaking, and means for assuring integrity of tribal courts. This text will be an invaluable resource for legal scholars and students.

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Other Jurisdictions
Preface: Introduction to the Tribal Legal Studies Textbook Series
Notes on Terminology
PART I: Introduction and an Overview of Tribal Government
A. What Is Tribal Legal Studies?
Chapter 2: Tribal Law in Oral Traditions
Chapter 1: What is Law?--Legal Norms, Structures and Practices
Chapter 3: Studying Tribal Law through Tribal Customs and Traditions
B. Overview of Tribal Governments: Historical and Contemporary Systems
Chapter 4: Forms and Trends of Traditional Tribal Governments
Chapter 5: The History of Federal Indian Policy and the Changes to Tribal Government
A. Histories, Structures, and Practices of Tribal Justice Systems
PART II. Tribal Legal Systems: Their History and Contemporary Operations
Chapter 6: Introduction and History of Tribal Courts
Chapter 7: Tribal Court Systems Today: General Overview and Comparison
Chapter 8: Examples of Tribal Court Systems
B. Scope of Tribal Legal Power: Criminal and Civil Jurisdiction
Chapter 9: An Introduction to Balancing Tribal Legal Heritage and Anglo-American Law
Chapter 10: Introduction to Tribal Court Authority
Chapter 11: Criminal and Civil Violations in Tribal Legal Traditions
Chapter 12: Tribal Criminal Jurisdiction: Federal Limitations and Contemporary Issues
Chapter 13: Tribal Civil Jurisdiction: Federal Changes and Contemporary Issues
PART III: Tribal Law in Two Areas: Child Welfare And Civil Rights
A. Tribal Law and Child Welfare
Chapter 14: Tribal Civil Jurisdiction: Federal Changes and Contemporary Issues;
Chapter 15: Federal Law and the Tribal Family: The Removal of Tribal Children: Boarding Schools
Chapter 17: Tribal Court Child Custody Proceedings
Chapter 16: The Indian Child Welfare Act of 1978 (ICWA)
B. Tribal Civil Rights
Chapter 19: The Indian Civil Rights Act of 1968
Chapter 18: Introducing Indian Civil Rights
Chapter 20: Affirming Tribal Sovereignty: Limiting Federal Court Review of Tribal Government under the ICRA
Chapter 21: Contemporary Civil Rights Issues
PART IV: Bringing Custom to the Courtroom: Tradition in the Norms, Structures and Practices of Contemporary Tribal Law
A. Tradition as a Source Of Tribal Law
Chapter 22: Sources of Law
Chapter 23: Common Law in Contemporary Legal Systems
B. Tradition in Tribal Legal Process ;
Chapter 24: Traditional Dispute Resolution Mechanisms in Contemporary Tribal Law
Chapter 26: Models of Peacemaking
PART V: Tribal Court Ethics
Chapter 27: Assuring Integrity of Tribal Courts: Judicial Ethics
Chapter 28: Maintaining Fair and Impartial Courts: Ethics of Court Personnel
Chapter 29: Accountability and Reliability: Tribal Court Advocates and Ethical Standards
About the Authors