Tribal Courts in the United States, an Introduction to Indigenous Peoples Law – 6913

Fall 2013
John Borrows

Despite this unique base, Tribal Courts most often operate in conjunction with Federal and State Courts,and apply both "common law" and "Indigenous" legal principles. This course will explore the many facetsof tribal courts in the United States, including their use of diverse legal justifications and sources. Amongthe topics will be the inherent power of tribal courts, judicial independence, separation of powers withintribal governments, inter-tribal appellate courts, and the interplay among federal, state, and tribal courts.We will also analyze the fundamental characteristics of tribal courts and their function in the context ofcutting edge cases involving jurisdictional issues, Indian civil rights, the use of tribal custom and tradition,criminal law, torts, and family law. This course is intended to familiarize students not only with traditionaland contemporary aspects of the internal law of tribes, but also to consider the complex interrelationshipbetween the two. The course will also devote significant attention to Chippewa (Ojibwe or Anishinabek)law and legal history in exploring these issues.B) CLASS EVALUATION