Indigenous Governance Database
Justice Systems
Tribal Sovereignty Special
What does tribal sovereignty mean in Alaska? KNBA's Joaqlin Estus talks with two experts about the legal basis for tribal sovereignty, and tribal judicial systems at work in Alaska. Hear about a court ruling that Alaska tribes can put land into trust status, tax-free and safe from seizure...
VAWA 2 Years Later
It’s been just over 2 years since Congress reauthorized the Violence Against Women Act. In February of last year, three tribes participated in a pilot project to exercise the special domestic violence criminal jurisdiction (SDVCJ) portion of the law. Under SDVCJ, some tribes can prosecute Natives…
Tribal Constitutions
Modern tribal nations pass laws, exercise criminal jurisdiction, and enjoy extensive powers when it comes to self-governance and matters of sovereignty. And of 566 tribal nations, just under half have adopted written constitutions. In the American tradition, a constitution limits the power yielded…
Implementing VAWA's Expanded Jurisdiction in Our Tribal Courts
In coordination with the Tribal Law and Policy Institute, NCAI hosting this webinar on April 5, 2013. In this webinar, panelists discussed the Violence Against Women Act (VAWA) provisions that expands tribal court jurisdiction over all persons for certain crimes committed on the reservation.
Blackfeet Constitutional Change Class
The summation of all several videos...the complete 6 1/2 hour taping of the discussion of why our current Constitution, Charter, and Plan of Operations have become ineffective for our current times as a people and Piikani Nation for "Blackfeet Government Change" of Joe McKay and Blackfeet Community…
Vice President Biden Speaks at the 2014 White House Tribal Nations Conference
On December 3, 2014, Vice President Joe Biden addressed the 2014 White House Tribal Nations Conference. At the conference, leaders from the 566 federally-recognized Native nations engaged with the President, Cabinet Officials, and the White House Council on Native American Affairs on key issues…
Native American Lands and the Supreme Court
Tribal judge and legal scholar Angela Riley (Citizen Potawatomi) spoke in the U.S. Supreme Court chamber about the history of the Supreme Court and Native American lands. The lecture was one in a series hosted by the Supreme Court Historical Society on the Constitution, the Supreme Court, and…
Arizona Illustrated: The Rebuilding Native Nations Course Series
Course series director Ian Record and course faculty member Robert A. Williams, Jr. appear on Arizona Public Media's "Arizona Illustrated" evening news television program to discuss the Native Nations Institute's groundbreaking "Rebuilding Native Nations: Strategies for Governance and Development"…
A Way Out of Conflict
"A Way Out of Conflict" is a short documentary film that provides an overview of how traditional dispute resolution approaches and strategies operate in Hopi communities today. It examines how the Hopi villages retain and exercise authority over the adjudication of certain types of disputes…
Videos: White Earth Nation Constitutional Reform
As part of its ongoing process of educating the White Earth people and others about White Earth's proposed new constitution, White Earth Nation's Constitutional Education Team produced several videos for White Earth citizens to view in order to gain a better understanding of the key governance…
UA Institute Helps Native Nations Rebuild, Maintain Government
An institute at the University of Arizona is focused on rebuilding government structures in Native nations by research and outreach offered through online courses and more. The UA Native Nations Institute has been working toward its goal of helping the Native governments for nearly 30 years,…
The Rez We Live On
The Confederated Salish and Kootenai Tribes produced this series of online videos in an effort to dispel untruths about life on the Flathead reservation in Montana. Consisting of 10 short, graphically based videos on topics ranging from Sovereignty to Taxes, "The Rez We Live On" site is geared…
Culture and Law: Preliminary Findings in a Review of 100+ Tribal Welfare Codes
Over the last 35 years numerous tribes have created their own child welfare standards. By crafting child welfare codes that balance traditional culture and contemporary needs, tribes both protect member children (and their families) in culturally appropriate ways and reaffirm their sovereign…
The Integration of Customary Law into the Australian Legal System
The theme of my address this morning emphasizes the important role that Indigenous people have, to take charge of our own destinies. The maintenance and integration of Aboriginal customary law is an essential part of this. It cannot be repeated often enough that a legal system must reflect the…
Wrapping Our Ways Around Them: Aboriginal Communities and the CFCSA Guidebook
This Guidebook is based on the belief that Aboriginal peoples need to know, and work with, the systems that impact children and families today such as the Child, Family and Community Service Act (CFCSA), Provincial Court (Child, Family and Community Service Act) Rules (Rules), Child, Family and…
Indigenous Governance Toolkit
The Indigenous Governance Toolkit is an online resource developed for Indigenous nations, communities, individuals and organisations searching for information to build their governance. It covers all the basics — your rules, values, culture, membership, leadership, and decision making — and has…
Wolves Have A Constitution: Continuities in Indigenous Self-Government
This article is about constitutionalism as an Indigenous tradition. The political idea of constitutionalism is the idea that the process of governing is itself governed by a set of foundational laws or rules. There is ample evidence that Indigenous nations in North America–and in Australia and New…
Tribal Code Development Checklist for Implementation of Special Domestic Violence Criminal Jurisdiction
This checklist (click to download) is designed as a tool to assist tribal governments seeking to develop tribal codes that implement special domestic violence criminal jurisdiction (SDVCJ) under section 904 of VAWA 2013. Tribal governments will likely be amending existing criminal codes, and every…
In Defense of Tribal Sovereign Immunity: A Pragmatic Look at the Doctrine as a Tool for Strengthening Tribal Courts
Although the doctrine of tribal sovereign immunity was recently upheld by the Supreme Court in Michigan v. Bay Mills Indian Community, its existence continues to be attacked as antiquated and leading to unfair results. While most defenses of tribal sovereign immunity focus on how the doctrine is a…
Muscogee Constitutional Jurisprudence: Vhakv Em Pvtakv (The Carpet Under The Law)
In 1974, a group of Mvskoke citizens from Oklahoma sued the federal government in federal court. Hanging in the balance was the future of Mvskoke self-determination. The plaintiffs insisted that their 1867 Constitution remained in full effect, and that they still governed themselves pursuant to it…