Indigenous, Indian, and Aboriginal Law Commons^™

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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.

American Indian Children And U.S. Policy, Angelique Eaglewoman (Wambdi A. Wastewin), Sisseton-Wahpeton Dakota Oyate Of The Lake Traverse Reservation, G. William Rice, United Keetoowah Band Of Cherokee Indians In Oklahoma

Tribal Law Journal

This article presents the major impact of implemented U.S. Indian policies on the lives of American Indian children. First, the article discusses U.S. policies aimed to re-socializing American Indians through imposition of external language, culture, and beliefs through a system of government-mandated education. In the late 1700s through the 1800s, the U.S. government set a course for military control over American Indian peoples. Re-socialization as an assimilation policy forced profound lifestyle and culture changes. These policies were aimed directly at American Indian children through mandatory Indian residential boarding schools. After decades of resistance, many tribal communities achieved educational reform. Assimilation …

She Saves Us From Monsters: The Navajo Creation Story And Modern Tribal Justice, Heidi J. Todacheene

Tribal Law Journal

The goal of this paper is to attempt to provide a general social and political framework of the Navajo tribe using the creation story and journey narrative. This will provide a comprehensive insight into the history and modern functioning of the tribe for someone who may not understand traditional Navajo thought. Modern legal cases have been integrated into this paper to demonstrate how Navajo courts use and preserve traditional concepts in current legal analysis. This paper will try to convey a traditional Navajo perspective whose ideology is deeply rooted in the creation story and illustrated through the Holy Beings, especially …

Fond Du Lac Band Of Lake Superior Chippewa V. Frans: An Examination Of State Taxation Of Off-Reservation, Out-Of-State Tribal Member Income, Christopher A. Dodd

Tribal Law Journal

This article analyzes the propriety of state taxation of tribal members’ out-of-state, off-reservation income through a critical examination of Fond du Lac Band of Lac Superior Band of Chippewa v. Frans, 649 F.3d 849 (8th Cir. 2011). The article argues that Judge Murphy’s dissent in the case provided the correct analysis—that state taxation of out-of-state, off-reservation tribal member income is improper when the tribal member resides on tribal land and the only nexus between the state and the taxed income is the tribal member’s state citizenship. The article explains that by granting citizenship to tribal members with the Indian Citizenship …

The Seminole Way: The Path To The 2011 Reestablishment Of The Seminole Nation Of Oklahoma Tribal Court System, John Haney

Tribal Law Journal

This article will examine the Seminole Nation of Oklahoma’s path from the federal dismantling of the Seminole Nation tribal court system upon the statehood of Oklahoma in 1906 to the Seminole Nation’s reestablishment of its tribal court system in 2011. This article will also explore the Seminole Nation’s methods of integrating tribal tradition and custom into the Seminole tribal court system, and will also present the many challenges that exist in developing an efficient and sustainable tribal justice system. The article will demonstrate that the Seminole Nation’s persisting determination to reestablish its judicial authority stems from the desire to maximize …

A Framework For Understanding Tribal Courts And The Application Of Fundamental Law: Through The Voices Of Scholars In The Field Of Tribal Justice, April L. Wilkinson, Kiowa Tribe Of Oklahoma

Tribal Law Journal

Through an examination of scholarly articles, this paper examines traditional tribal justice systems set in tribal communities in an effort to establish a framework for understanding tribal courts and the unique challenges they face. The research presented describes a spectrum of traditional aspects within tribal courts, and analyzes the impact that changing social dynamics have had on the tribal court construct. A rigorous review of available research concerning traditional tribal courts showed scholars repeatedly arguing that traditional law, also called fundamental law, which existed before Western style courts, exists beyond the tribal court setting and is fundamental to a tribal …

San Felipe Pueblo Tribal Court Handbook (2013), 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.

San Ildefonso Pueblo Tribal Court Handbook (2013), 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.

Picuris Pueblo Tribal Court Handbook (2012), 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.

Salmon People In An Era Of Depleting Salmon: The Swinomish Indian Tribal Community’S Climate Adaptation Action Plan As A Manifestation Of Tribal Sovereignty, Kelly Davis

Tribal Law Journal

Climate change presents novel challenges to indigenous peoples striving to maintain their place-based subsistence cultures. Climate change is altering physical environments, tribes are experiencing detrimental impacts, and adaptation is necessary to preserve indigenous lifestyles. The Swinomish Indian Tribal Community, a Coast Salish tribe in northwestern Washington State, has taken the initiative in tribal climate change adaptation efforts.

In 2010, the Swinomish Office of Planning and Community Development issued a thorough Climate Adaptation Action Plan, which delineates strategies the vulnerable coastal, salmon-dependent tribe must take. Resilient social systems, like American Indian tribes, are capable of anticipating and planning for the future. …

Judicial Selection Methods, Tribal Politics, And Strong Government: Navajo Nation At The Crossroads, Bethany Sullivan

Tribal Law Journal

This article by Bethany Sullivan examines the judicial selection methods of the Navajo Nation and its impact on the Navajo Nation. After surveying the various methods of judicial selection by both the United State and Navajo Nation, the author explores potential changes to the existing selection methods of the Navajo Nation. Ultimately, however, the author argues for the maintenance of the existing selection methods and warns against future efforts to reform the Navajo appointive system.

Northern Cheyenne Tribe: Traditional Law And Constitutional Reform, Sheldon C. Spotted Elk

Tribal Law Journal

This profile by Sheldon C. Spotted Elk examines the U.S. Government's infringement on the Northern Cheyenne's political sovereignty. Most significantly, this profile examines the relationship between the oral history of the Northern Cheyenne and its impact on traditional tribal governance and law. Following the Northern Cheyenne's adoption of a modern constitution, many members fought to continue living under a traditional constitution. Ultimately, the Northern Cheyenne a written IRA compatible constitution while maintaining an oral constitution. The delicate balance allows the Northern Cheyenne to address modern issues while also keeping the fundamental traditional and customary law of the tribe alive.

Soft-Voiced Warrior Song, Donald G. Mcintntyre

Tribal Law Journal

Soft-Voiced Warrior Song is a mixed media construction. The piece started with a basic image of a man’s head, using black acrylic paint on a white canvas. This is to suggest that in the beginning things were, for the most part, black and white. The laws of engagement were simple. It was essential to maintain harmony with one’s environment. Among the Anishinabek, to sustain this balance, the Soft-Voiced-Warrior-Song was employed; this was a way of recognizing your place within the environment to determine if diplomacy or war was the most likely to return unity. Song was a method of listening …

Ogalala Sioux Tribal Profile, Karen Kimbro Chase

Tribal Law Journal

This profile offers an excellent overview of Oglala Sioux law, both traditional and modern. Like many tribes, the Indian Reorganization Act had a major impact on the contemporary law of the Oglala Sioux. While the IRA resulted in tribal constitutions that reflected the values of the U.S. Constitution, this profile examines the traditional and customary law that was subsequently incorporated into the Oglala Sioux Constitution. This profile includes a brief history of the Oglala Sioux, overview of traditional law, governmental structure, summary of contemporary law, and history of political activism.

Ho-Chunk Nation Tribal Law Profile, Daniel B. Snyder

Tribal Law Journal

In this tribal profile provides an excellent point of reference for practitioners dealing with any legal matter within the Ho-Chunk Nation. Starting with an overview of the legal history of the tribe, including modern government and law, the author examines the traditional legal practices and responsibilities of the Ho-Chunk. Mr. Snyder then explores the modern judicial and legislative branches, and their work to preserve the tribe's traditional laws and customs.

Sandia Pueblo Tribal Court Handbook (2010), 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.

Kewa Pueblo Tribal Court Handbook Fka Santo Domingo (2010), 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.

Tesuque Pueblo Tribal Court Handbook (2010), 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.

Cochiti Pueblo Tribal Court Handbook (2010), 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.

Zia Pueblo Tribal Court Handbook (2010), 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.

Jicarilla Apache Nation Tribal Court Handbook (2009), 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.

Burrell V. Armijo: The Role Of Comity In Federal Court Review Of Tribal Court Judgments, Erin Garcia

Tribal Law Journal

This article discusses the on-going issue of tribal versus federal judicial power. While tribal courts have been recognized as an important aspect of tribal sovereignty, federal precedent has diluted tribal authority. This dilution of authority is evident by the restriction on jurisdiction given to the tribal courts by the federal government. The author explores this issue using the case of Burrell v. Armijo. She contends that this Tenth Circuit case demonstrates the continued undermining of tribal jurisdiction and that the general rule for federal courts to give great deference to tribal courts was not properly applied, leading to continued weakening …