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Tribal Law Basics for Legal Writing Tonya Kowalski Professor of Law Washburn University School of Law
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What are American Indian Tribes & Tribal Law?
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Why Introduce Tribal Nations & Courts? Teaching: enhance legal skills instruction with comparative legal studies and multicultural awareness Service: further law schools’ social justice mission
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Applications Federalism Sources of Primary Law Selecting Authority Professional Respect for Legal Institutions Preparation for Increased Tribal Court Practice Social Justice Enculturation Enhanced Transfer of Learning Professional Multicultural Awareness
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A Three-Sovereign Federal System Federal Government State Governments Native American Nations
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Sovereign Nations
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Limited Sovereigns
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Organizational Variety Tribal Council ExecutiveLegislativeOther Courts Constitution LegislativeExecutiveJudicial
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Respect for Legal Institutions: Tribal Courts Org. variety ADR Highly professional Limited resources Creating rich common law Custom and tradition
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Practice Trend: Tribal Economic Development Ho-Chunk, Inc. (Winnebago Tribe of NE)Ho-Chunk, Inc. Chickasaw Nation Enterprises
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Law Schools & Social Justice
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Comparative Law & Learning Theory
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Skills: Multicultural Awareness Letters Client counseling Facts Analysis
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Selecting Authority Module 1.The tri-federal system 2.Sources of law 3.What law binds the court? 4.What law governs the issue? 5.Selecting authority
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Sovereignty & Selecting Authority Federal Government State Governments Native American Nations
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Comparative Sources of Law
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Sovereignty & Selecting Authority What Law Binds the Court? HighestAppellateTrial What Law Governs the Issue? Constitution Judicial Case law Court Rules Legislative Statutes Leg History Executive Regulations Exec Orders
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State SupremeAppellateTrial Municipal, Agencies, Drug, etc. Tribal SupremeAppellateTrial Peacemaking; Healing-to- Wellness, etc. Federal Supreme Circuit Court of Appeals District Court Immigration, Bankruptcy, Agencies, etc. Issue of State Law? Issue of Federal Law? Issue of Tribal Law?
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