Supreme Court upheld the rule that that "Indian title" didn't mean actual title. It would be years before I understood that "Indian title" rested on religious discrimination, the doctrine of Christian Discovery. Little did I know that the Navajo people—and not just their legal services program —would open my mind to greater issues and make me aware that the questions on my mind were not just about law, but about life: Their approach to law and the study of law is grounded in historical and contemporary realities of what it means to be a "tribal person.
This perspective informs the whole book, from the text selections to the pedagogical tools. Chapters are built around legal theory, history, subject areas, and institutional practices; each concludes with questions for discussion and for research into local communities, pointing students both to classroom activity and to 'real world' connections in their lives. The authors' embrace of diversity enhances their effort to provide a comprehensive view of tribal legal studies. They approach topics through multiple lenses of different nations' beliefs, practices, and histories, looking for what is unique and what is shared.
This approach assures that both the forest and the trees are kept in view. The authors maintain a steady focus on the overarching history of colonialism and the trajectory of domination that affects all Native peoples and all tribal legal systems. The book thus combines a commitment to the idea that tribal legal studies "is an important way to understand the values and identities of tribal peoples today" and "to address the damage done to tribal communities and cultures as a result of centuries of colonization and oppression by European and U.
On this dual foundation, the authors present an array of readings drawn from various sources of tribal law. They do not take sources for granted, and instead explore the question conceptually—in norms, structures, and practices—and in professional work—documents, oral accounts, and academic studies. Here as well, the authors' critical perspective is clear: I especially appreciate that the authors watch their language in negotiating the contours of Indian law.
Introduction to Tribal Legal Studies, Second Edition -
They avoid the trap that so often damages discussions of the relationship between Native nations and the United States, namely, the habit of deferring to standard usages that are the result of colonial oppression. I did not see the phrase, "federal Indian law," in the book; my sense is that the authors know this area of law is actually federal anti-Indian law.
For example, the authors state, "federal authorities … treated tribal sovereignty as something that could still be reduced at any time, by the will of Congress" This statement is profoundly different from the often-heard assertion that "tribal sovereignty is subject to Congressional power. With few exceptions, the authors present federal Indian law concepts with qualifying phrases, such as, "in the federal government's view," or "from the federal perspective.
It is simultaneously a work of critical legal history and a handbook for readers who intend to become participants in tribal legal systems. This double virtue cuts through the wall that so often separates academic critique from practical training, even, and sometimes especially, in law schools. A student with the good fortune to be taught with this book will be empowered to work and survive in the sometimes-schizophrenic legal world where "federal trust law" sounds like a form of protection, but is actually more like a protection racket. The Supreme Court made that clear in its April decision about Navajo coal leasing.
As the authors point out, "it is against the backdrop of such domination and potential for further domination that the arguments regarding the sovereignty of tribal nations and their governments are voiced" The authors are also careful to present the complexities of tribal legal heritages. For example, in a discussion of how inheritance customs may have changed over the years, in conjunction with changed living patterns, the authors point out, "even people who call themselves 'traditional' may have different ideas" Want to Read Currently Reading Read.
Introduction to Tribal Legal Studies
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Thanks for telling us about the problem. Return to Book Page. Introduction to Tribal Legal Studies, the first in a unique series of comprehensive studies of tribal law in the United States, focuses on law developed by and for Indian Nations and Native people. It addresses the power of tribal courts and tribal legal systems as key to the exercise and expansion of tribal sovereignty. Richland and Deer discuss in depth the histories, st Introduction to Tribal Legal Studies, the first in a unique series of comprehensive studies of tribal law in the United States, focuses on law developed by and for Indian Nations and Native people.
Richland and Deer discuss in depth the histories, structures, and practices of tribal justice systems, efforts to balance tribal legal heritage and Anglo-American law, the scope of criminal and civil jurisdictions, child welfare and civil rights, traditional dispute resolution mechanisms in contemporary tribal law, models of peacemaking, and means for assuring integrity of tribal courts. This text will be an invaluable resource for legal scholars and students.
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This textbook is very user-friendly and informative. So much so, that it is more of a handbook than textbook. The section regarding criminal law is especially informative. I recommend it to anyone looking for a succinct, accessible introduction to tribal law. Heidi rated it it was amazing Aug 15, Joann Howell rated it it was amazing Mar 09,