Tribal Courts in the United States, an Introduction to Indigenous Peoples Law – 6913
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 facets of tribal courts in the United States, including their use of diverse legal justifications and sources. Among the topics will be the inherent power of tribal courts, judicial independence, separation of powers within tribal 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 of cutting 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 traditional and contemporary aspects of the internal law of tribes, but also to consider the complex interrelationship between the two. The course will also devote significant attention to Chippewa (Ojibwe or Anishinabek) law and legal history in exploring these issues.