Justice Systems

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Strategies for Creating Offender Reentry Programs in Indian Country

Strategies for Creating Offender Reentry Programs in Indian Country

Weed and Seed, a community-based strategy sponsored by DOJ, is an innovative, comprehensive, multi-agency approach to law enforcement, crime prevention, and community revitalization. The strategy aims to prevent, control, and reduce violent crime, drug abuse, and gang activity in designated high-…

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A Restatement of the Common Law of the Grand Traverse Band of Ottawa and Chippewa Indians

A Restatement of the Common Law of the Grand Traverse Band of Ottawa and Chippewa Indians

From 1872 until 1980 the United States government continually refused to recognize the sovereign status of the Grand Traverse Band of Ottawa and Chippewa Indians (GTB). For example, citizens of the Grand Traverse Band unsuccessfully attempted to regain this government-to-government relationship in…

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A Roadmap For Making Native America Safer: Report To The President And Congress Of The United States

A Roadmap For Making Native America Safer: Report To The President And Congress Of The United States

A Roadmap for Making Native America Safer (Roadmap) provides a path to make Native American and Alaska Native communities safer and more just for all U.S. citizens and to reduce unacceptably high rates of violent crime rates in Indian country. The Roadmap is the culmination of hearings, meetings,…

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Negotiating Jurisprudence in Tribal Court and the Emergence of a Tribal State: The Lac du Flambeau Ojibwe

Negotiating Jurisprudence in Tribal Court and the Emergence of a Tribal State: The Lac du Flambeau Ojibwe

The interaction between American Indian activism and changes in federal Indian policy since the 1960s has transformed American Indian tribes from largely powerless and impoverished kinship‐based communities into neocolonial statelike entities (Wilkinson 2005).1 Representing themselves as distinct…

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Peacemaking and Conflict Resolution: A List of Resources

Peacemaking and Conflict Resolution: A List of Resources

The Native American Rights Fund's National Indian Law Library provides a comprehensive list of relevant news stories and academic articles on the peacemaking mechanisms and conflict resolution approaches of Native nations. 

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Best Practices Case Study (Rule of Law): Nisga’a Nation

Best Practices Case Study (Rule of Law): Nisga'a Nation

Nisga'a Nation, comprised of four communities; New Aiyansh, Gitwinksihlkw, Laxgalt'sap, and Gingolx, is located in northwestern B.C. In the 1890s, Nisga'a hereditary chiefs and matriarchs formed the Nisga'a Land Committee and began to aggressively pursue self-government and title to their lands. In…

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Tribal Law as Indigenous Social Reality and Separate Consciousness: [Re]Incorporating Customs and Traditions into Tribal Law

Tribal Law as Indigenous Social Reality and Separate Consciousness: [Re]Incorporating Customs and Traditions into Tribal Law

At some point in my legal career, I recall becoming increasingly uncomfortable with the inconsistencies between the values in the written law of various indigenous nations and the values I knew were embedded in indigenous societies themselves. The two are not entirely in harmony, and in fact, in…

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Sovereignty Under Arrest? Public Law 280 and Its Discontents

Sovereignty Under Arrest? Public Law 280 and Its Discontents

Law enforcement in Indian Country has been characterized as a maze of injustice, one in which offenders too easily escape and victims are too easily lost (Amnesty International, 2007). Tribal, state, and federal governments have recently sought to amend this through the passage of the Tribal Law…

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White Earth Nation Constitutional Reform Workbook

White Earth Nation Constitutional Reform Workbook

The core purpose of this Constitution is to take action and directly express, through that action, native cultural sovereignty. This workbook is designed to help the citizens of the White Earth Nation to understand their constitution. Through this effort and through your understanding of the…

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Huu-Ay-Aht First Nations Constitution

Huu-Ay-Aht First Nations Constitution

We, the people of Huu-ay-aht, by this Constitution declare our unique identity as a Nation and claim our rightful place as equal participants in Canadian society. We have existed from time immemorial and have occupied and used the lands, waters and resources of our traditional territory throughout…

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Systems of Conflict Resolution Within First Nations Communities: Honouring The Elders, Honouring The Knowledge

Systems of Conflict Resolution Within First Nations Communities: Honouring The Elders, Honouring The Knowledge

First Nations people are well aware that many of our governments and citizens struggle to move beyond the violence and dysfunction that characterizes some individuals, families and communities. Within some community settings, drugs and alcohol prevail, family members are involved in the justice…

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Restorative Dispute Resolution In Anishinaabe Communities - Restoring Conceptions of Relationships Based on Dodem

Restorative Dispute Resolution In Anishinaabe Communities - Restoring Conceptions of Relationships Based on Dodem

Social relationships, not political, hold communities together. In Anishinaabe communities, external colonial agencies created changes. External upheavals by colonial governments, education and helping agencies have eroded social structures that nourished communities. Yet, it is the Anishinaabe…

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Testimony of Honorable Theresa M. Pouley

Testimony of Honorable Theresa M. Pouley

The honorable Theresa M. Pouley, Tulalip tribal court judge and President of the Northwest Tribal Court Judges Association, testifies before the United States Senate Committee on Indian Affairs about "the vital role that courts play in the effective administration of justice in Indian country."…