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Toward A Theory Of Intertribal And Intratribal Common Law, Matthew L.M. Fletcher

Matthew L.M. Fletcher

Courts and scholars refer to the substantive common law applied by tribal courts in the United States using the monolithic term “tribal common law,” but in fact tribal common law can and should be subdivided into two major categories of law – “intertribal common law” and “intratribal common law.” “Intertribal common law” is the common law applied by tribal courts to cases arising out of Anglo-American legal constructs, such as employment contracts or housing leases. “Intratribal common law” is the common law applied by tribal courts to cases arising out of indigenous legal constructs, such as family and inheritance rules …