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Tribal Courts

A Context and Practice Handbook

by Tonya Kowalski, Aliza Organick

Forthcoming 2013 • ISBN: 978-1-59460-756-1

Tags: Context and Practice Series, Indian and Indigenous Peoples Law

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Over the last 25 years, Tribal courts have experienced a state of tremendous growth and development. There are currently over 270 Tribal courts operating within Indian country. Practitioners increasingly are finding themselves in Tribal court, but few law schools currently provide the substantive and clinical foundations necessary to do so ethically and effectively. Effective practice in tribal courts requires familiarity with law and procedures unique to these jurisdictions.

Tribal Courts: A Context and Practice Handbook is designed to help both novice and experienced practitioners navigate the unique jurisdictional, cultural, and ethical landscape of Tribal court practice. The Handbook will provide a framework for analyzing the complicated civil and criminal jurisdictional questions that arise in Tribal court settings. Topics include: Tribal sovereignty and self-determination; historical background; tribal sovereign immunity; federal Indian and Indian country status; criminal and civil jurisdiction; concurrent jurisdiction with states; major federal enactments; comparative Tribal justice systems and governmental models; sources of Tribal law and research methods, including Tribal customary law; alternative dispute resolution; comity and full faith and credit; professional responsibility and admission to practice; cultural literacy; and general Tribal court practice.

This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law & Associate Dean for Faculty and Academic Development, Washburn University School of Law.

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