Indian Common Law: The Role of Custom in American Indian Tribal Courts (Part I of II)

Cooter, Robert D.; Fikentscher, Wolfgang

doi:10.2307/840932

Cited by 14 publications

(3 citation statements)

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“…Most tribal courts hear a range of case types, though some hear cases in only one subject matter area. 7 Tribal courts are more and less administrative, more and less committed to "traditional" dispute-resolution styles, procedures, and customs, and more and less independent of the rest of the tribal government (Cooter and Fikentscher 1998). They are also variously articulated with the courts of the states that surround them.…”

Section: See National Farmers Union Insurance Companies V Crow Tribe Ofmentioning

confidence: 99%

Negotiating Jurisprudence in Tribal Court and the Emergence of a Tribal State

Nesper¹

2007

Current Anthropology

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Examination of jurisprudence in a single Ojibwe tribal court and the trials that take place in it over alleged violations of recently codified tribal law on off-reservation hunting suggests that many of these communities are becoming statelike and that tribal courts are instrumental in producing this transformation. As instrumentalities of tribal sovereignty, tribal courts facilitate the ongoing stratification of local Indian societies as particular kin networks consolidate their hold on political power. Enmeshed with the federal and state government in the realization of their sovereignty in the federal Indian-policy era of self-determination, tribes typically default to trading off the institutional cultural distinctiveness that has survived colonization even as symbolic and rhetorical expressions of cultural difference flourish and proliferate.

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Section: See National Farmers Union Insurance Companies V Crow Tribe Ofmentioning

confidence: 99%

Negotiating Jurisprudence in Tribal Court and the Emergence of a Tribal State

Nesper¹

2007

Current Anthropology

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“…Other geopolitical contexts with large Indigenous populations or substantial Indigenous lands situated in their territory sometimes encompass parallel or overlapping justice systems that serve Indigenous communities. The effects of social shifts and the unique history and cultural identity of Indigenous peoples have resulted in a stunning array of institutional structures, processes, jurisdictional parameters, and kinds of norms across the globe (see Cooter andFikentscher 1998a, 1998b;Richland 2008). State systems sometimes operate in partnership with tribal court systems.…”

Section: Civil Code [民法]mentioning

confidence: 99%

From Thin to Thick Justice and Beyond: Access to Justice and Legal Pluralism in Indigenous Taiwan

Upton¹

2021

Law Soc. Inq.

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In recent decades, the Taiwan judiciary has taken steps toward securing Indigenous people’s access to the justice system. These measures reflect a vision of access to justice framed narrowly on national courts and legal actors through the provision of free legal counsel, courtroom interpreters, and special court units dedicated to Indigenous people. These measures embrace a thin understanding of access to justice that overlooks important hurdles to both seeking and providing such access to Indigenous people. This article considers some of the key challenges of Indigenous people’s access to justice in Taiwan and the role of the judiciary in both perpetuating and addressing those challenges. It argues for a thicker understanding of access to justice that addresses the circumstances of contemporary Indigenous life and confronts the entrenchment of colonialism in the state framework. Field research in eastern Taiwan shows how aspects of normativity, spatiality, economics, order, language, and institutions, ensconced in a legal framework that reinforces an unequal power relationship between the state and Indigenous people, have shaped the character of access to the justice system and, in turn, continue to operate as obstacles to meaningful access to justice for Taiwan’s Indigenous people.

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“…Although a number of legal scholars have given some attention to ways in which cultural differences are manifest in American Indian tribal court jurisprudence (Barsh ; Cooter and Fikentscher ; Fletcher ; Pommersheim ; Valencia‐Weber ), only a few cultural anthropologists (MacLachlan ; Miller ; Nesper ; Richland ) have undertaken ethnographic work in the tribal courts themselves. Herein I extend this latter ethnographic work into the domain of the relationship between the state of Wisconsin and the American Indian tribes within the state by examining the ways in which different representations of cultural practice shaped the process of legal codification in the development of Wisconsin Statute P.L.…”

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confidence: 99%

Ordering Legal Plurality: Allocating Jurisdiction in State and Tribal Courts in Wisconsin

Nesper

2015

PoLAR

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This article examines how a Wisconsin statute passed in 2009 that authorized state court judges to transfer cases to American Indian tribal courts unfolded as a political and legal process that was both informed by and produced by fundamental conceptions of cultural difference. It calls specific attention to jurisprudential differences in the form of jury trials and peacemaking in figuring the differences between conceptions of tribal membership and state citizenship.

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Indian Common Law: The Role of Custom in American Indian Tribal Courts (Part I of II)

Cited by 14 publications

References 0 publications

Negotiating Jurisprudence in Tribal Court and the Emergence of a Tribal State

Negotiating Jurisprudence in Tribal Court and the Emergence of a Tribal State

From Thin to Thick Justice and Beyond: Access to Justice and Legal Pluralism in Indigenous Taiwan

Ordering Legal Plurality: Allocating Jurisdiction in State and Tribal Courts in Wisconsin

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