Law and Race Commons^™

The Political Urgency Of Black Manhood: Frederick Douglass On Constitutional Theory, John M. Kang

New Mexico Law Review

How did Frederick Douglass—one who was born a slave, one who had been denied all formal education, one who had been sundered from his family, one who had been starved, tortured, and, on occasion, nearly killed—manage to muster the courage to do something as bold as challenge the United States Supreme Court? This Article suggests that Douglass, in order to assert his right as an American citizen, first had to assert his right as a man in an explicitly gendered sense. That is, Douglass had to muster a powerful sense of manliness that could elevate him psychologically to assert his …

Jemez Pueblo Tribal Court Handbook (2022), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Pueblo Of Pojoaque Tribal Court Handbook (2022), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Case Note: Federal Indian Law – Tribal Criminal Jurisdiction – Indian Civil Rights Act – Tribal Sovereignty – United States V. Cooley, Sarah A. Sadlier, Mnikȟówožu Lakȟóta

Tribal Law Journal

In United States v. Cooley, a Ninth Circuit panel denied a petition for rehearing en banc, holding that a tribal officer, who was not cross-deputized, could neither search nor detain a non-Indian on a federal or state highway right-of-way through the reservation unless that individual had committed an “apparent” crime in the officer’s presence. Narrowly defining tribal police authority, the panel ruled that the officer conducted an extra-jurisdictional search and seizure. In arriving at this conclusion, the panel refused to recognize that the Tribe’s sovereignty affords its law enforcement agencies the authority to investigate those who imperil public order on …

A 385-Year Experiment To Erase A People: Intergenerational Acts Of Genocide Against The Narragansett Indian Tribe By The United States Of America And The State Of Rhode Island, Taylor A. Dumpson, Afro-Indigenous; Black, Narragansett, Nanticoke, And Mohawk Ancestry

Tribal Law Journal

Since Roger Williams’ arrival in Narragansett Territory in 1636, and his subsequent settlement of the Providence Plantations, the Narragansett Indian Tribe--the Indigenous people to this land--have faced a series of intergenerational atrocities, including attempted genocides. For generations, these heinous wrongs have not been corrected by state or federal courts, which have often compounded the harms against the Narragansett people. Although the American legal system has played a role in perpetuating the intergenerational harms experienced by the Narragansett people, these institutions also have the opportunity to be a part of the solution. The Article examines the existing domestic legal framework for …

Affirmed Or Delegated? Finding Inherent Tribal Civil Power To Issue Protection Orders Against All Persons In Light Of Spurr V. Pope, Kelly Gaines Stoner, Cherokee Ancestry, Lauren Van Schilfgaarde, Cochiti Pueblo

Tribal Law Journal

Federal courts have wreaked havoc on tribal jurisdiction by injecting incertitude over their most basic authority, including the authority to issue and enforce civil protection orders. This jurisdictional incertitude causes not just legal disruption, but also further compromises the safety of Native people who are disproportionately victimized, especially by gender-based forms of violence. While Congress has been slow to remedy the onslaught of judicial limitations on tribal jurisdiction, Congress has at least remedied tribal authority to issue and enforce protection orders in 18 U.S.C. § 2265(e). However, even in this remedy, jurisdictional incertitude remains.

Bad Men Among The Whites Claims In The Mni Wiconi Age, Julie Combs, Cherokee Nation

Tribal Law Journal

In a series of nine treaties with Native Nations in the late 1860s, the United States promised to reimburse Indigenous people for wrongs committed by “bad men among the whites, or among other people subject to the authority of the United States.” In the century and half that followed the signing of these nine treaties, “bad men among the whites” claims have been litigated in the Federal Circuit with some success by Indigenous plaintiffs, and courts have shaped the meaning of the clause and the remedies a successful plaintiff may receive. This comment explores the Bad Men clause in the …

Dedication To Professor Christine Zuni Cruz, Tribal Law Journal

Tribal Law Journal

No abstract provided.

Ohkay Owingeh Pueblo Tribal Court Handbook (2021), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Acoma Pueblo Tribal Court Handbook (2021), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Taos Pueblo Tribal Court Handbook (2021), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Unsecured (Black) Bodies: How Baltimore Foreshadows The Dangers Of Racially Targeted Dragnet Policing Let Loose By Utah V. Strieff, Lucius T. Outlaw Iii

New Mexico Law Review

Through Utah v. Strieff, the Supreme Court has added to law enforcement’s arsenal of stripping people of their citizenship and humanity. This article strives to add to the growing criticism of Strieff in three ways.

First, it adds to the chorus of work exposing and criticizing the flawed legal reasoning of the majority opinion.

Next, by using Baltimore, Maryland’s recent policing history, this article shows how racially targeted dragnet policing was already a fact of life pre-Strieff for many black residents of our cities, and how this discriminatory policing tactic is fortified and encouraged by Strieff.

Finally, …

Nambe Pueblo Tribal Court Handbook (2020), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Santa Ana Pueblo Tribal Court Handbook (2020), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Navajo Nation Tribal Court Handbook (2019), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Isleta Pueblo Tribal Court Handbook (2019), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Santa Clara Pueblo Tribal Court Handbook (2019), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Laguna Pueblo Tribal Court Handbook (2019), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Mescalero Apache Tribal Court Handbook (2019), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Zuni Pueblo Tribal Court Handbook (2019), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Republication And Translation Of 1998 Introduction And Welcome, Robert Yazzie, Navajo Nation

Tribal Law Journal

In 1998, for the first volume of the Tribal Law Journal, Former Chief Justice Robert Yazzie, Navajo Nation, was asked to submit an introduction and welcome for the Tribal Law Journal.

In his Introduction and Welcome, he details how the Tribal Law Journal will further the understanding of the internal laws of Indian nations, along with those of indigenous nations throughout the world. He emphasizes that this Journal will be a place for native voices to be heard and will allow others to speak with the tribes.

In effort to integrate native languages into the Tribal Law Journal, the Tribal …

Battling For Human Rights In Indian Country (Speech At The 50 Years Of The Indian Civil Rights Act Symposium), David E. Wilkins, Lumbee Nation

Tribal Law Journal

The speech discusses the Indian Civil Rights Act (ICRA) and its implications on citizenship, specifically disenrollment. Prof. Wilkins discusses his view of “‘dismemberment’ as the act of cutting off a part of the tribal body—doing harm to both the politically discarded individual and the Nation itself—taking place behind the cloak of native sovereignty.”

The speech first provides a brief history of banishment within tribal communities followed by a discussion of federal Indian law and its impact on tribal banishment through a review of important federal Supreme Court cases as well as significant tribal court cases.

Second, the speech provides a …

Views From A Tribal Court: How The Indian Civil Rights Act Led To Civil Rights Violations, Anne Bruno

Tribal Law Journal

This article examines the implications of the Indian Civil Rights Act (ICRA), and its impact on one tribe in New Mexico. The article first discusses the development of the ICRA and its subsequent effect on individual rights and tribal nation’s responsibilities when handling criminal offenses in tribal courts. Second, the article provides some historical context and background of pueblo Indian communities in New Mexico as a prelude to providing observations that were made of one specific Pueblo’s Contemporary Tribal Court. Third, the article provides a detailed glimpse into the procedures that were followed during six criminal arraignments: focusing on the …

The Choctaw Nation Of Oklahoma: History, Influences, And Contemporary Setting Of The Choctaw Legal Structure, Austin C. Megli

Tribal Law Journal

The goal of this tribal profile is to provide an overview of the internal laws of the Choctaw Nation of Oklahoma; to give a detailed emphasis on the tribe’s historic use of customary law, governance structures, enacted law, case law; and to examine how their internal law changed throughout history. By helping the reader become familiar with the history of Choctaw customary law and the contemporary structure of the Choctaw government, this profile will assist practitioners and academics in understanding the Choctaw Nation. Part I of this paper will describe the customary laws of the Choctaw Nation. Part II of …

If Trees Could Lobby They Would Be People Too: The Environmental And Cultural Benefits Of Granting Legal Personality To Nature, M. Alexis Volner

Tribal Law Journal

In the Western culture today, the environment is perceived as a source for goods and resources. However, this perspective has resulted in serious environmental degradation and a real threat to our species’ survival. To combat these problems there must be a radical shift in the Western culture’s conception of nature.

The first step in this shift is to recognize the environment as a legal person. The United States should grant legal personality to all publicly owned lands containing sites held sacred by Indigenous peoples and establish a collaborative board to manage the sites to recognize Indigenous cultural rights and encourage …

Federal Restrictions On Tribal Customary Law: The Importance Of Tribal Customary Law In Tribal Courts, Concetta R. Tsosie De Haro, Dine Nation

Tribal Law Journal

This article examines the adverse effects of federal case law and legislation on tribal courts and tribal courts’ ability to incorporate tribal customary law. Tribal customary law is the law given to tribes by holy deities which governs tribal ways of life. It is important to maintain tribal customary law because it strengthens tribal communities’ identities and cultural foundations. While Supreme Court precedent has, at different times, both restricted and promoted tribes’ ability to use tribal customary law to adjudicate the cases of tribal members, federal legislation including the Major Crimes Act, the Indian Civil Rights Act, the Tribal Law …

Black Water: The Devastating Effects Of Alcohol On The Core Values Of The A:Shiwi (Zuni), Christy Chapman

Tribal Law Journal

As in many Native American communities, alcohol use and abuse is an all too common problem among the Ashwi, members of Zuni Pueblo. Soon after the arrival of Anglo-American settlers, alcohol was introduced to the Zuni. Seeing its devastating effects, Zuni elders referred to this intoxicating substance as ‘black water.’ Since the introduction of black water, alcohol abuse among the Zuni has resulted in community members committing frequent criminal offenses, numerous health problems, and is the number-one cause of premature death among the Zuni.

Over the last century and a half, the devastating effects of black water have eroded the …

Postcolonial Management Of The Transboundary Guaraní Aquifer System: Indigenous Input As A Guide For Environmental Sustainability, Melissa Leonard

Tribal Law Journal

This article discusses the Guaraní Aquifer System, which is a vast groundwater source that spans across Argentina, Uruguay, Paraguay, and Brazil. The Guaraní Aquifer System is located beneath the ancestral homelands of the Guaraní indigenous peoples, yet it is exclusively managed by nation states. The Guaraní indigenous peoples have been deprived of their ancestral land and have no say in the utilization or management of the Aquifer. This article discusses social and legal theory relating to water management and governance, as well as Guaraní social organization, belief systems, and customary environmental law in the context of “postcolonial” water management. This …

A Wind Watcher's Tale: Skinned Alive, C.F. Black

Tribal Law Journal

This is an excerpt from the forthcoming book, A Mosaic of Indigenous Legal Thought: Legendary Tales and Other Writings, by Dr. C.F. Black. Her book is a return to traditional ways of conveying legal and ethical thought, by writing a series of anthropomorphized animal tales, evocative poetry and rhetorical writings.

This excerpt is one of the narrative tales. The introduction included in the excerpt will help guide the reader's understanding of the context and significance this piece.

Editorial Tribute To Professor G. William Rice, Christine J. Jordan, Connie Tsosie De Haro

Tribal Law Journal

It is with great admiration, affection and respect that the Tribal Law Journal dedicates this issue to the memory of Professor G. William Rice. Professor Rice’s work had a wide and long-lasting impact on the Indian Law community. As legal professionals who strive to make a positive difference in the lives of Indigenous people, we can only hope to live in a way that would make Professor Rice proud. He will be dearly missed.

The Tribal Law Journal is honored to publish his last article, American Indian Children and U.S Policy in this issue.