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

Author
Year

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.

Resource Type
Citation

Nesper, Larry. "Negotiating Jurisprudence in Tribal Court and the Emergence of a Tribal State." Current Anthropology, Volume 48, Number 5. The University of Chicago Press. Chicago, Illinois. October 2007. Article.

Related Resources

Image
Tribal Immunity, Tribal Court Jurisdiction, and Separation of Powers

There are two active cases out there involving Florida tribes that raise interesting questions relating to tribal courts and tribal immunity in federal and state courts. The two cases, Miccosukee Tribe v. Kraus-Anderson Constr. (which is currently pending before the Supreme Court – an invitation…

Image
Considerations in Implementing VAWA’s Special Domestic Violence Criminal Jurisdiction and TLOA’s Enhanced Sentencing Authority: A Look at the Experience of the Pascua Yaqui Tribe

On February 20, 2014, pursuant to the Violence Against Women Reauthorization Act of 2013 (VAWA 2013), the Pascua Yaqui Tribe was one of only three Tribes across the United States to begin exercising Special Domestic Violence Criminal Jurisdiction (SDVCJ) over non-Indian perpetrators of domestic…

Image
Best Practices Case Study (Expansion of Jurisdiction): Tsawwassen First Nation

Tsawwassen First Nation (TFN) is located in the Metro-Vancouver area of British Columbia. In 2007, following 14 years of negotiations, TFN signed a treaty with Canada and B.C. It was the first treaty reached under the BC Treaty Commission (BCTC) process and the first urban treaty. The Effective…