Journal Archives
Volume 1: 2000/2001
Tribal Law as Indigenous Social Reality and Separate Consciousness [Re]Incorporating Customs and Traditions into Tribal Law
Tribal Law as Indigenous Social Reality and Separate Consciousness-[Re]Incorporating Customs and Traditions into Tribal Law by Christine Zuni Cruz explores the reflection of traditional legal concepts and values in enacted laws of indigenous nations. The premise of this article is that “an indigenous nation’s sovereignty is strengthened if its law is based upon its own internalized values and norms.” Zuni-Cruz’s article questions the impact of enacted western laws on indigenous communities’ people and culture.
Case Note: Means v. District Court of the Chinle Judicial District and the Hadane Doctrine in Navajo Criminal Law
Means v. District Court of the Chinle Judicial District and the Hadane Doctrine in Navajo Criminal Law by Paul Spruhan analyzes the Navajo Nation’s application of traditional law concepts in order to find criminal jurisdiction to prosecute a non-member Indian in Means v. District Court. Spruhan’s article examines this use in light of the Supreme Court’s decision in Duro v. Reina.
Troublesome Aspects of Western Influences on Tribal Justice Systems and Laws
Troublesome Aspects of Western Influences on Tribal Justice Systems and Laws by Alex Tallchief Skibine provides readers with an overview of the colonial process by which tribal written law resembles the legal structures of the states and the federal government. Skibine’s article highlights why and how tribal court systems have been influenced by western law, as well as the problems associated with the integration of tribal justice systems into the U.S. political system.
