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Preview: Tribal Law Journal

Tribal Law Journal

Volume 1, 2000/2001

Published: Mon, 02 Jan 2006 11:18:20 EST


Tribal Law as Indigenous Social Reality and Separate Consciousness-[Re]Incorporating Customs and Traditions into Tribal Law

Mon, 02 Jan 2006 11:18:20 EST

Volume 1, 2000/2001
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

Mon, 02 Jan 2006 11:18:20 EST

Volume 1, 2000/2001
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

Mon, 02 Jan 2006 11:18:20 EST

Volume 1, 2000/2001
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.