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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 …

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 …

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.

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. …

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 …

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.

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.

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.

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.

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.

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.

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.

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.

Restorative Justice In Traditional Pre-Colonial 'Criminal Justice Systems' In Kenya, Sarah Kinyanjui

Tribal Law Journal

Traditional African communities are often said to have embraced restorative values in resolving conflicts and responding to wrongdoing. Through empirical research and analysis of secondary data on the pre-colonial traditional Kamba, Kikuyu and Meru communities in Kenya, this article illustrates how penal practices in these communities embraced restorative justice as understood today. This genealogy of restorative justice in these communities demonstrates the potential of restorative justice as an intervention in crime and its role in meeting overall community goals. By doing so, the genealogy challenges the objectification of retributive justice in modern criminal justice systems, which renders retributive practices as …

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 …

Southern Ute Tribal Profile, Michael J. Anaya

Tribal Law Journal

An overview of the internal laws of the Southern Ute Tribe.

Australian Aboriginality And Sociobiology, Allan Ardill

Tribal Law Journal

“It has been argued elsewhere that the colonization, dispossession, and oppression of indigenous Australians have a close nexus with biological determinism, scientific racism, and the ideology known as sociobiology. In the United States similar arguments are made concerning the historic maltreatment meted out to African Americans. In Australia, the concern is with the continuing colonial control over the identity of Australian Aboriginal people.” In his essay Dr. Ardill explores indigenous Australian identity and its “reciprocal relationship with health, education, poverty, (loss of) language, native title, sovereignty and self-determination.” He argues “that the legal reasoning underpinning colonial control over Aboriginal identity …

Cultivating Native Intellect And Philosophy: A Community Symposium, Tribal Law Journal

Tribal Law Journal

Cultivating Native Intellect and Philosophy: A Community Symposium Recognizing and Discussing the Contributions of Christine Zuni Cruz was the title of a March 10 symposium at the University of New Mexico School of Law.

Zuni Cruz's work was discussed in two panel discussions, which focused on Native thought and philosophy in tribal courts and community lawyering.

Poetry, Law, & Poetry: Some Notes Toward A Unified Theory, Frank Pommersheim

Tribal Law Journal

This work is a beautiful and profound commentary on law. In twenty points, Pommersheim reflects on the nuances of poetry and law. As Pommersheim juxtaposes poetry and law, law and poetry, he reminds us what law is and what it is not.

It is the first contribution to a new section of the Journal which will contain work that crosses law with other disciplines.

Indian Law Clinics And Externship Symposium Roundtable Discussion: Lawyering For Indigenous People, Tribal Law Journal

Tribal Law Journal

Several native and non-native Indian Law clinicians and scholars participated in a roundtable discussion on June 22, 2007 in Albuquerque, New Mexico to discuss lawyering for indigenous people. The attendees were organized into three different groups: discussants, respondents, and participants. The discussants began the dialogue and discussed their experiences in representing tribes to representing individual native clients in various areas of law. They discussed what it means as a lawyer "to do no harm" and their roles and challenges in teaching students how to serve native populations. The respondents provided their responses to the various topics presented by the discussants. …

The Xhosa And The Truth And Reconciliation Commission: African Ways, Douglas H.M. Carver

Tribal Law Journal

The author begins by providing a conceptual framework for indigenous people generally and then focuses on indigenous people in South Africa. Mr. Carver then discusses the culture and customs of the Xhosa, one of the main ethnic groups from the Republic of South Africa. He then discusses the Truth and Reconciliation Commission (TRC), set up in South Africa after the fall of the apartheid regime, which was meant to rebuild a society divided by racial and ethnic lines. The author explains how the Xhosa concept of "ubuntu" – encompassing African concepts of justice, harmony and reconciliation — became a core …

Shadow War Scholarship, Indigenous Legal Tradition, And Modern Law In Indian Country, Christine Zuni Cruz

Tribal Law Journal

In this essay, Tribal Law Journal Editor-in-Chief Zuni Cruz comments on the purpose of the Tribal Law Journal. She borrows the term "shadow war" from the Zapatistas' use of the Internet as she describes the Journal's endeavor to make Indigenous law explicit and to promote mental sovereignty. She challenges and invites others who write about the law of Indigenous Peoples to join in making legal scholarship in this area accessible to the public, especially the Indigenous public, and to create a depository of thought, rejecting the scattering of thought, by publishing legal scholarship in the global, publicly accessible e-journal, that …

Indigenous Legal Traditions, Cultural Rights, And Tierras Colectivas: A Jurisprudential Reading From The Emberá-Wounaan Community, Lauren Koller-Armstrong

Tribal Law Journal

This paper provides an overview of the Emberá-Wounaan indigenous group of Panama in the context of its legal traditions, worldview, and socio-political organization. In addition, this work examines how overlapping systems of tribal law and national Panamanian law have shaped 1) the tribe's geographic boundaries; and 2) environmental management in tribal communities

Toda Cambia Y Todo Sigue Siendo Igual (The More Things Change, The More The Stay The Same): How Fifteen Years Later The Constant Threat Of An End To The Zapatistas Continues To Justify Their Means, Pamela Genghini Hernandez

Tribal Law Journal

This article gives a chronological account of the events pre-dating the uprising of January 1, 1994 and the Zapatista struggle through the years. The author examines these events in light of indigenous self-determination, taking into consideration conditions within Mexico, to defend the course of action taken by the EZLN as a means of creating a space for themselves within Mexican society. The author argues the current state of federal Mexican law and international law do not leave Indigenous Peoples, including the EZLN, viable options for resolving injustices committed against them. She also provides an overview of the structure that the …

Intertribal Conflicts And Customary Law Regimes In North Africa: A Comparison Of Haratin And Ait 'Atta Indigenous Legal Systems, Anna Natividad Martinez

Tribal Law Journal

The Haratin people of North Africa are subjects in crisis; they are people whose origins are debated and whose social status is scorned. As an indigenous population in the midst of regional turmoil, they have been subject to removal, forced labor and economic deprivation. Their exploitation by both French colonial forces and other indigenous populations (namely Arabs and Berbers) has displaced the Haratin way of life and has subsumed their legal culture.