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Tribal Justice Systems
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Book Synopsis Tribal Criminal Law and Procedure by : Carrie E. Garrow
Download or read book Tribal Criminal Law and Procedure written by Carrie E. Garrow and published by Rowman & Littlefield. This book was released on 2015-05-06 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tribal Criminal Law and Procedure examines complex Indian nations’ tribal justice systems, analyzing tribal statutory law, tribal case law, and the cultural values of Native peoples. Using tribal court opinions and tribal codes, it reveals how tribal governments use a combination of oral and written law to dispense justice and strengthen their nations and people. Carrie E. Garrow and Sarah Deer discuss the histories, structures, and practices of tribal justice systems, comparisons of traditional tribal justice with American law and jurisdictions, elements of criminal law and procedure, and alternative sentencing and traditional sanctions. New features of the second edition include new chapters on: · The Tribal Law and Order Act's Enhanced Sentencing Provisions · The Violence Against Women Act's Special Domestic Violence Criminal Jurisdiction · Tribal-State Collaboration Tribal Criminal Law and Procedure is an invaluable resource for legal scholars and students. The book is published in cooperation with the Tribal Law and Policy Institute (visit them at www.tlpi.org).
Book Synopsis Introduction to Tribal Legal Studies by : Justin Blake Richland
Download or read book Introduction to Tribal Legal Studies written by Justin Blake Richland and published by Rowman & Littlefield. This book was released on 2010 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the only available comprehensive introduction to tribal law. It is an indispensable resource for students, tribal leaders, and professionals interested in the complicated relationship between tribal, federal, and state law.
Book Synopsis Tribal Healing to Wellness Courts by :
Download or read book Tribal Healing to Wellness Courts written by and published by . This book was released on 2003 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Criminal Justice in Native America by : Marianne O. Nielsen
Download or read book Criminal Justice in Native America written by Marianne O. Nielsen and published by University of Arizona Press. This book was released on 2009-04-09 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Native Americans are disproportionately represented as offenders in the U.S. criminal justice system. However, until recently there was little investigation into the reasons. Furthermore, there has been little acknowledgment of the positive contributions of Native Americans to the criminal justice system- in rehabilitating offenders, aiding victims, and supporting service providers. This book offers a valuable and contemporary overview of how the American criminal justice system impacts Native Americans on both sides of the law. Contributors- many of whom are Native Americans- rank among the top scholars in their fields. Some of the chapters treat broad subjects, including crime, police, courts, victimization, corrections, and jurisdiction. Others delve into more specific topics, including hate crimes against Native Americans, state-corporate crimes against Native Americans, tribal peacemaking, and cultural stresses of police officers. Separate chapters are devoted to women and juveniles.
Book Synopsis American Indian Tribal Law by : Matthew L.M. Fletcher
Download or read book American Indian Tribal Law written by Matthew L.M. Fletcher and published by Aspen Publishing. This book was released on 2020-02-02 with total page 1188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nearly every American Indian tribe has its own laws and courts. Taken together, these courts decide thousands of cases. Many span the full panoply of law—from criminal, civil, and probate cases, to divorce and environmental disputes.American Indian Tribal Law, now in its Second Edition, surveys the full spectrum of tribal justice systems. With cases, notes, and historical context, this text is ideal for courses on American Indian Law or Tribal Governments—and an essential orientation to legal practice within tribal jurisdictions. New to the Second Edition: A new chapter on professional responsibility and the regulation of lawyers in tribal jurisdictions Enhanced materials on Indian child welfare Additional materials on tribal laws that incorporate Indigenous language and culture Additional examples from tribal justice systems and practice Recent and noteworthy cases from tribal courts Professors and students will benefit from: A broad survey of dispute resolution systems within tribal jurisdictions A review of recent flashpoints in tribal law, such as internal tribal political matters, including intractable citizenship and election disputes enhanced criminal jurisdiction over nonmembers and non-Indians tribal constitutional reform, including a case study on the White Earth Nation Cases and material reflecting a wide range of American Indian tribes and legal issues Excerpts and commentary from a wellspring of current scholarship
Book Synopsis Navajo Courts and Navajo Common Law by : Raymond Darrel Austin
Download or read book Navajo Courts and Navajo Common Law written by Raymond Darrel Austin and published by U of Minnesota Press. This book was released on 2009 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Navajo Nation court system is the largest and most established tribal legal system in the world. Since the landmark 1959 U.S. Supreme Court decision in Williams v. Lee that affirmed tribal court authority over reservation-based claims, the Navajo Nation has been at the vanguard of a far-reaching, transformative jurisprudential movement among Indian tribes in North America and indigenous peoples around the world to retrieve and use traditional values to address contemporary legal issues. A justice on the Navajo Nation Supreme Court for sixteen years, Justice Raymond D. Austin has been deeply involved in the movement to develop tribal courts and tribal law as effective means of modern self-government. He has written foundational opinions that have established Navajo common law and, throughout his legal career, has recognized the benefit of tribal customs and traditions as tools of restorative justice. In Navajo Courts and Navajo Common Law, Justice Austin considers the history and implications of how the Navajo Nation courts apply foundational Navajo doctrines to modern legal issues. He explains key Navajo foundational concepts like Hózhó (harmony), K'é (peacefulness and solidarity), and K'éí (kinship) both within the Navajo cultural context and, using the case method of legal analysis, as they are adapted and applied by Navajo judges in virtually every important area of legal life in the tribe. In addition to detailed case studies, Justice Austin provides a broad view of tribal law, documenting the development of tribal courts as important institutions of indigenous self-governance and outlining how other indigenous peoples, both in North America and elsewhere around the world, can draw on traditional precepts to achieve self-determination and self-government, solve community problems, and control their own futures.
Book Synopsis Crime and Social Justice in Indian Country by : Marianne O. Nielsen
Download or read book Crime and Social Justice in Indian Country written by Marianne O. Nielsen and published by University of Arizona Press. This book was released on 2018-04-10 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Indigenous America, human rights and justice take on added significance. The special legal status of Native Americans and the highly complex jurisdictional issues resulting from colonial ideologies have become deeply embedded into federal law and policy. Nevertheless, Indigenous people in the United States are often invisible in discussions of criminal and social justice. Crime and Social Justice in Indian Country calls to attention the need for culturally appropriate research protocols and critical discussions of social and criminal justice in Indian Country. The contributors come from the growing wave of Native American as well as non-Indigenous scholars who employ these methods. They reflect on issues in three key areas: crime, social justice, and community responses to crime and justice issues. Topics include stalking, involuntary sterilization of Indigenous women, border-town violence, Indian gaming, child welfare, and juvenile justice. These issues are all rooted in colonization; however, the contributors demonstrate how Indigenous communities are finding their own solutions for social justice, sovereignty, and self-determination. Thanks to its focus on community responses that exemplify Indigenous resilience, persistence, and innovation, this volume will be valuable to those on the ground working with Indigenous communities in public and legal arenas, as well as scholars and students. Crime and Social Justice in Indian Country shows the way forward for meaningful inclusions of Indigenous peoples in their own justice initiatives. Contributors Alisse Ali-Joseph William G. Archambeault Cheryl Redhorse Bennett Danielle V. Hiraldo Lomayumptewa K. Ishii Karen Jarratt-Snider Eileen Luna-Firebaugh Anne Luna-Gordinier Marianne O. Nielsen Linda M. Robyn
Book Synopsis Navajo Nation Peacemaking by : Marianne O. Nielsen
Download or read book Navajo Nation Peacemaking written by Marianne O. Nielsen and published by University of Arizona Press. This book was released on 2005-09-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Navajo peacemaking is one of the most renowned restorative justice programs in the world. Neither mediation nor alternative dispute resolution, it has been called a “horizontal system of justice” because all participants are treated as equals with the purpose of preserving ongoing relationships and restoring harmony among involved parties. In peacemaking there is no coercion, and there are no “sides.” No one is labeled the offender or the victim, the plaintiff or the defendant. This is a book about peacemaking as it exists in the Navajo Nation today, describing its origins, history, context, and contributions with an eye toward sharing knowledge between Navajo and European-based criminal justice systems. It provides practitioners with information about important aspects of peacemaking—such as structure, procedures, and outcomes—that will be useful for them as they work with the Navajo courts and the peacemakers. It also offers outsiders the first one-volume overview of this traditional form of justice. The collection comprises insights of individuals who have served within the Navajo Judicial Branch, voices that authoritatively reflect peacemaking from an insider’s point of view. It also features an article by Justice Sandra Day O’Connor and includes contributions from other scholars who, with the cooperation of the Navajo Nation, have worked to bring a comparative perspective to peacemaking research. In addition, some chapters describe the personal journey through which peacemaking takes the parties in a dispute, demonstrating that its purpose is not to fulfill some abstract notion of Justice but to restore harmony so that the participants are returned to good relations. Navajo Nation Peacemaking seeks to promote both peacemaking and Navajo common law development. By establishing the foundations of the Navajo way of natural justice and offering a vision for its future, it shows that there are many lessons offered by Navajo peacemaking for those who want to approach old problems in sensible new ways.
Book Synopsis Tribal Policing by : Eileen Luna-Firebaugh
Download or read book Tribal Policing written by Eileen Luna-Firebaugh and published by University of Arizona Press. This book was released on 2007-02-15 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to be a tribal police officer? What are the complexities of that role? And how do tribal communities, tribal police departments, and other law enforcement agencies collaborate to address the alarmingly high rate of violent crime in Indian country? Author Eileen Luna-Firebaugh answers these and other questions in this well-documented text about tribal government and law enforcement in America. Based on extensive research with tribal police departments conducted over a period of eight years, Tribal Policing reveals the complicated role of police officials in Indian country and the innovative methods they are developing to address crime within their borders and to advance tribal sovereignty in the United States. Tribal police departments face many challenges, such as heightened crime rates, a lack of resources (working patrol vehicles, 911 systems, access to police radios), and vast patrol areas. Luna-Firebaugh demonstrates that tribal officers see themselves as members of the tribal community and that tribal law enforcement is a complex balance of tribal position and authority within the community. Among other topics, Luna-Firebaugh analyzes the structure of tribal law enforcement and the ways it differs from mainstream policing; the role of women, tribal members, and others who comprise tribal law enforcement personnel; tribal jails and corrections; police training; and the legal, political, cultural, and historical issues that affect American Indian tribal policing. This informative text addresses the scarcity of published material regarding tribal law enforcement and will be a welcome addition to courses in criminal justice, the administration of justice, law enforcement, and Native American studies.
Book Synopsis South Dakota Tribal Court Handbook by : Frank Pommersheim
Download or read book South Dakota Tribal Court Handbook written by Frank Pommersheim and published by . This book was released on 1992 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Arguing with Tradition by : Justin B. Richland
Download or read book Arguing with Tradition written by Justin B. Richland and published by University of Chicago Press. This book was released on 2008-09-15 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arguing with Tradition is the first book to explore language and interaction within a contemporary Native American legal system. Grounded in Justin Richland’s extensive field research on the Hopi Indian Nation of northeastern Arizona—on whose appellate court he now serves as Justice Pro Tempore—this innovative work explains how Hopi notions of tradition and culture shape and are shaped by the processes of Hopi jurisprudence. Like many indigenous legal institutions across North America, the Hopi Tribal Court was created in the image of Anglo-American-style law. But Richland shows that in recent years, Hopi jurists and litigants have called for their courts to develop a jurisprudence that better reflects Hopi culture and traditions. Providing unprecedented insights into the Hopi and English courtroom interactions through which this conflict plays out, Richland argues that tensions between the language of Anglo-style law and Hopi tradition both drive Hopi jurisprudence and make it unique. Ultimately, Richland’s analyses of the language of Hopi law offer a fresh approach to the cultural politics that influence indigenous legal and governmental practices worldwide.
Book Synopsis Policing on American Indian Reservations by : Stewart Wakeling
Download or read book Policing on American Indian Reservations written by Stewart Wakeling and published by . This book was released on 2001 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. Senate. Committee on Indian Affairs (1993- ) Publisher : ISBN 13 :9780160598708 Total Pages :122 pages Book Rating :4.5/5 (987 download)
Book Synopsis Tribal Justice Systems by : United States. Congress. Senate. Committee on Indian Affairs (1993- )
Download or read book Tribal Justice Systems written by United States. Congress. Senate. Committee on Indian Affairs (1993- ) and published by . This book was released on 1999 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Traditional, National, and International Law and Indigenous Communities by : Marianne O. Nielsen
Download or read book Traditional, National, and International Law and Indigenous Communities written by Marianne O. Nielsen and published by University of Arizona Press. This book was released on 2020-05-05 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.
Book Synopsis Fire and the Spirits by : Rennard Strickland
Download or read book Fire and the Spirits written by Rennard Strickland and published by University of Oklahoma Press. This book was released on 1982-09-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 133 in The Civilization of the Americas Series This book traces the emergency of the Cherokee system of laws from the ancient spirit decrees to the fusion of tribal law ways with Anglo-American law. The Cherokees enacted their first written law in 1808 in Georgia. In succeeding years the leaders and tribal councils of the southeastern and Oklahoma groups wrote a constitution, established courts, and enacted laws that were in accord with the old tribal values but reflected and accommodated to the whites' legal system. Thanks to the great gift of Sequoyah-his syllabary-the Cherokees were well versed in their laws, able to read and interpret them from a very early time. The system served the people well. It endured until 1898, when the federal government abolished the tribal government. The author provides a brief review of Cherokee history and explains the circumstances surrounding the stages of development of the legal system. Excerpts from editorials in the Cherokee Phoenix and the Cherokee Advocate, letters, and tribal documents give added insight into the problems the Cherokees faced and their efforts to resolve them. Of particular interest is a series of charts explaining the complex Cherokee spirit system of crimes (or "deviations") and the punishments meted out for them. A legal historian of Osage and Cherokee heritage, Rennard Strickland is considered a pioneer in introducing Indian law into university curriculum. He has written and edited more than 35 books and is frequently cited by courts and scholars for his work as revision editor in chief of the Handbook of Federal Indian Law. Strickland has been involved in the resolution of a number of significant Indian cases. He was the founding director of the Center for the Study of American Indian Law and Policy at the University of Oklahoma. He is the first person to have served both as president of the Association of American Law Schools and as chair of the Law School Admissions Council. He is also the only person to have received both the Society of American Law Teachers (SALT) Award and the American Bar Association's Spirit of Excellence Award. Strickland was the dean of the law school from 1997 to 2002.
Book Synopsis World Criminal Justice Systems by : Richard J. Terrill
Download or read book World Criminal Justice Systems written by Richard J. Terrill and published by Routledge. This book was released on 2013 with total page 739 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes bibliographical references (p. 639-665) and indexes.
Download or read book No Equal Justice written by David Cole and published by ReadHowYouWant.com. This book was released on 2010-10 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published a decade ago, No Equal Justice is the seminal work on race- and class-based double standards in criminal justice. Hailed as a ''shocking and necessary book'' by The Economist, it has become the standard reference point for anyone trying to understand the fundamental inequalities in the American legal system. The book, written by constitutional law scholar and civil liberties advocate David Cole, was named the best nonfiction book of 1999 by the Boston Book Review and the best book on an issue of national policy by the American Political Science Association. No Equal Justice examines subjects ranging from police behavior and jury selection to sentencing, and argues that our system does not merely fail to live up to the promise of equality, but actively requires double standards to operate. Such disparities, Cole argues, allow the privileged to enjoy constitutional protections from police power without paying the costs associated with extending those protections across the board to minorities and the poor. For this new, tenth-anniversary paperback edition, Cole has completely updated and revised the book, reflecting the substantial changes and developments that have occurred since first publication.
