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6 - Tribal Court Praxis: One Year in the Life of Twenty Indian Tribal Courts

from Part II - Voices

Published online by Cambridge University Press:  11 December 2019

By
Nell Jessup Newton
Edited by
Grant Christensen  and
Melissa L. Tatum
Grant Christensen
Affiliation:
University of North Dakota
Melissa L. Tatum
Affiliation:
University of Arizona
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Summary

Tribal Court Praxis: was among the first scholarly explorations of tribal courts. The piece reacts to a common prejudice that tribal courts are biased in favor of Indian parties and are insufficiently rigorous to be proper guarantors of justice. Newton surveys all tribal court opinions published in the 1996 edition of the Indian Law Reporter and ultimately shows that tribal courts are neutral, justice-administering institutions which, although varied in structure and composition, are actively engaged in a dialog about justice and legitimacy.

Keywords

tribal courtIndian Law Reportercustomary lawjurisdictioncivil rights
Type
Chapter
Information
Reading American Indian Law
Foundational Principles
 , pp. 140 - 163
Publisher: Cambridge University Press
Print publication year: 2019

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References

Further Reading

Arrow, Dennis, Oklahoma’s Tribal Courts: A Prologue, the First Fifteen Years of the Modern Era, and a Glimpse at the Road Ahead, 19 Okla. City Univ. L. Rev. 5 (1994).Google Scholar
Barsh, Russel Lawrence, Putting the Tribe in Tribal Court: Possible? Desirable? 8 Kan. J.L. & Pub. Policy 74 (1998).Google Scholar
Brown, Margery H. & Desmond, Brenda C., Montana Tribal Courts: Influencing the Development of Contemporary Indian Law, 52 Mont. L. Rev. 211 (1991).Google Scholar
Clinton, Robert, Tribal Courts and the Federal Union, 26 Willamette L. Rev. 841 (1990).Google Scholar
Deer, Sarah & Jacobson, John, Dakota Tribal Courts in Minnesota: Benchmarks of Self-Determination, 39 Wm. Mitchell L. Rev. 611 (2013).Google Scholar
Deloria, Vine Jr. & Lytle, Clifford M., American Indians, American Justice (University of Texas Press 1983).Google Scholar
Hunter, Mary Jo B., Tribal Court Opinions: Justice and Legitimacy, 8 Kan. J.L. & Pub. Policy 142 (1998).Google Scholar
Koehn, Melissa L., Civil Jurisdiction: The Boundaries between Federal and Tribal Courts, 32 Ariz. St. L.J. 49 (1998).Google Scholar
O’Connor, Sandra Day, Lessons from the Third Sovereign: Indian Tribal Courts, 33 Tulsa L.J. 1 (1997).Google Scholar
Pommersheim, Frank, Braid of Feathers: American Indian Law and Contemporary Tribal Life (University of California Press 1997).Google Scholar
Pommersheim, Frank, Tribal Court Jurisprudence: A Snapshot from the Field, 21 Vt. L. Rev. 7 (1996).Google Scholar
Zuger, William P., A Baedeker to the Tribal Court, 83 N.D. L. Rev. 55 (2007).Google Scholar
Zuni, Christine, The Southwest Intertribal Court of Appeals, 24 N.M. L. Rev. 309 (1994).Google Scholar

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