Tribal Law Basics for Legal Writing Tonya Kowalski Professor of Law Washburn University School of Law.

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Presentation transcript:

Tribal Law Basics for Legal Writing Tonya Kowalski Professor of Law Washburn University School of Law

What are American Indian Tribes & Tribal Law?

Why Introduce Tribal Nations & Courts? Teaching: enhance legal skills instruction with comparative legal studies and multicultural awareness Service: further law schools’ social justice mission

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

A Three-Sovereign Federal System Federal Government State Governments Native American Nations

Sovereign Nations

Limited Sovereigns

Organizational Variety Tribal Council ExecutiveLegislativeOther Courts Constitution LegislativeExecutiveJudicial

Respect for Legal Institutions: Tribal Courts Org. variety ADR Highly professional Limited resources Creating rich common law Custom and tradition

Practice Trend: Tribal Economic Development Ho-Chunk, Inc. (Winnebago Tribe of NE)Ho-Chunk, Inc. Chickasaw Nation Enterprises

Law Schools & Social Justice

Comparative Law & Learning Theory

Skills: Multicultural Awareness Letters Client counseling Facts Analysis

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

Sovereignty & Selecting Authority Federal Government State Governments Native American Nations

Comparative Sources of Law

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

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?