Foreword vii Preface to the Second Edition xi Notes on Law, Non-Indian Anthropologists, and Terminology xv Acknowledgments xix Credits xxi 1 What Is Law? Legal Norms, Structures, and Practices 1 2 Studying Tribal Law and Contemporary Tribal 14 Legal Documents 3 Tribal Law in Customs and Traditions 36 4 Forms and Trends of Traditional Tribal Governments 59 5 The History of Federal Indian Policy and the Changes to 73 Tribal Governments 6 Introduction and History of Tribal Courts 92 7 Tribal Justice Systems Today: General Overview 103 and Comparison 8 Examples of Tribal Court Systems 110 9 An Introduction to Balancing Tribal Legal Heritage 121 and Anglo-American Law v n 00frontmatter.qxd 11/4/09 9:05 AM Page v 10 Introduction to Tribal Court Authority: Differences 136 between Criminal and Civil Law 11 Criminal and Civil Violations in Tribal Legal Traditions 143 12 Tribal Criminal Jurisdiction 153 13 Tribal Civil Jurisdiction 171 14 Tribal Kinship and the Law 189 15 Boarding Schools and the Removal of Tribal Children 198 16 The Indian Child Welfare Act of 1978 212 17 Tribal Court Custody Proceedings 225 18 Introducing Indian Civil Rights 242 19 The Indian Civil Rights Act of 1968 253 20 Affirming Tribal Authority: Santa Clara Pueblo v. Martinez 259 21 Contemporary Civil Rights Issues 276 22 Sources of Law 293 23 Common Law in Contemporary Legal Systems 312 24 Traditional Dispute Resolution 327 25 Introduction to Peacemaking 339 26 Models of Peacemaking 353 27 Separation of Powers 372 28 Ethics for Tribal Judges 381 29 Ethics for Tribal Court Personnel 394 30 Ethics for Tribal Court Advocates 405 Conclusion 435 Glossary 437 Index 453
Justin B. Richland is associate professor in the Department of Criminology, Law, and Society at the University of California, Irvine. He is also author of Arguing with Tradition: The Language of Law in Hopi Tribal Court. Sarah Deer is assistant professor at William Mitchell College of Law in St. Paul, MN. She is co-author of Tribal Criminal Law and Procedure and co-editor of Sharing Our Stories of Survival: Native Women Surviving Violence, both in the Tribal Legal Studies series.
Richland and Deer have put together an indispensible resource for those working with tribal communities. With a particular focus on strengthening Native governments through methods consistent with indigenous values and understandings, this text will undoubtedly become a 'go to' resource for anyone concerned with Native sovereignty and tribal legal institutions. -- Angela R. Riley, UCLA American Indian Studies Center Introduction to Tribal Legal Studies is an indispensible resource for scholars, practitioners, and students, and well-deserving of an update. Richland and Deer approach tribal law, a fast-growing and cutting-edge field, with intellectual rigor with respect to the educational aspects of the law and with understanding and respect to Indian culture, language, and traditions. It is unusual for a legal work to practice what the Anishinaabek call Mino-Bimaadziwin, walking the good road and living a good life, and this book is a testament to their dedication to Indian people. -- Matthew L.M. Fletcher, associate professor of law; Director of the Indigenous Law and Policy Center, Michigan State University College of Law
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