Indigenous Governance Database
Justice Systems
Courts & Peacemaking in the Navajo Nation: A Public Guide
The history of our judiciary begins in our ancient history. According to the Journey Narrative, the People journeyed through four worlds and, in the course of their journey, came upon many problems both natural and caused by the People, which had to be resolved before the journey…
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…
Tribal Nations and the United States: An Introduction
Tens of millions of Indigenous peoples inhabited North America, and governed their complex societies, long before European governments sent explorers to seize lands and resources from the continent and its inhabitants. These foreign European governments interacted with tribes in diplomacy, commerce…
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…
Attorney General's Advisory Committee on American Indian/Alaska Native Children Exposed to Violence: Ending Violence so Children Can Thrive
This report was created as part of the Defending Childhood Initiative created by Attorney General Eric H. Holder, Jr. This initiative strives to harness resources from across the Department of Justice to: Prevent children's exposure to violence. Mitigate the negative impact of children's exposure…
Resource Center for Implementing Tribal Provisions of the Violence Against Women Act (VAWA): Webinars
The Intertribal Technical-Assistance Working Group on Special Domestic Violence Criminal Jurisdiction (ITWG) has participated in a series of webinars focused on defendants' rights issues (including indigent counsel); the fair cross section requirement and jury pool selection; prosecution skills;…
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…
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-…
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…
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,…
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 kinshipâ€based communities into neocolonial statelike entities (Wilkinson 2005).1 Representing themselves as distinct…
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.
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…
![Tribal Law as Indigenous Social Reality and Separate Consciousness: [Re]Incorporating Customs and Traditions into Tribal Law](/sites/nnigovernance.arizona.edu/files/styles/resources/public/resources/Screen%2520Shot%25202016-10-11%2520at%25201.22.13%2520PM.png?itok=r-DrCTma "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…
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…
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…
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…
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…