Introduction to Tribal Legal Studies

Justin B. Richland, Sarah Deer

• Publisher: AltaMira Press
• Year: 2010
• Edition: 2
• eBook ISBN:
  9780759119406
• Topic: Law
• Subtopic: Legal Education
• Index: Law

This second edition of Introduction to Tribal Legal Studies is the only available comprehensive introduction to tribal law. In clear and straightforward language, Justin B. Richland and Sarah Deer discuss the history and structure of tribal justice systems; the scope of criminal and civil jurisdictions; and the various means by which the integrity of tribal courts is maintained. This book is an indispensable resource for students, tribal leaders, and tribal communities interested in the complicated relationship between tribal, federal, and state law. The second edition provides significant updates on all changes in laws affecting the tribes, numerous new case studies (including studies on Alaskan tribes and family law), and a new concluding chapter.

Table of contents

• Cover
• Half title
• Title
• Copyright
• Contents
• Foreword
• Preface to the Second Edition
• Notes on Law, Non-Indian Anthropologists, and Terminology
• Acknowledgments
• Credits
• 1 What Is Law? Legal Norms, Structures, and Practices
• 2 Studying Tribal Law and Contemporary Tribal Legal Documents
• 3 Tribal Law in Customs and Traditions
• 4 Forms and Trends of Traditional Tribal Governments
• 5 The History of Federal Indian Policy and the Changes to Tribal Governments
• 6 Introduction and History of Tribal Courts
• 7 Tribal Justice Systems Today: General Overview and Comparison
• 8 Examples of Tribal Court Systems
• 9 An Introduction to Balancing Tribal Legal Heritage and Anglo-American Law
• 10 Introduction to Tribal Court Authority: Differences between Criminal and Civil Law
• 11 Criminal and Civil Violations in Tribal Legal Traditions
• 12 Tribal Criminal Jurisdiction
• 13 Tribal Civil Jurisdiction
• 14 Tribal Kinship and the Law
• 15 Boarding Schools and the Removal of Tribal Children
• 16 The Indian Child Welfare Act of 1978
• 17 Tribal Court Custody Proceedings
• 18 Introducing Indian Civil Rights
• 19 The Indian Civil Rights Act of 1968
• 20 Affirming Tribal Authority: Santa Clara Pueblo v. Martinez
• 21 Contemporary Civil Rights Issues
• 22 Sources of Law
• 23 Common Law in Contemporary Legal Systems
• 24 Traditional Dispute Resolution
• 25 Introduction to Peacemaking
• 26 Models of Peacemaking
• 27 Separation of Powers
• 28 Ethics for Tribal Judges
• 29 Ethics for Tribal Court Personnel
• 30 Ethics for Tribal Court Advocates
• Conclusion
• Glossary
• Index