Tribal Law/Courts

51 ABA Journal articles on Tribal Law/Courts.

10 Questions: Native American judge devotes legal career to restorative justice
Chief Judge Abby Abinanti presides over the Yurok Tribal Court in Klamath, California, and her community-based, restorative approach to justice, along with initiatives she helped launch and lead, are improving lives across this remote Northern California reservation. There’s a wellness program to help drug offenders, a community restitution program, and even a program for those accused of domestic violence that has a recidivism rate of zero.
Legal aid agency serving the Navajo Nation to close 3 offices

A legal aid office serving a heavily Navajo clientele is shutting three of its nine offices for financial reasons, the Santa Fe New Mexican reported Thursday.

DNA-People’s Legal Services…

Drug firms knew opiates were being abused on Cherokee reservations but did nothing, lawsuit alleges

Pharmaceutical companies and drugstore retailers, named as defendants in a tribal court lawsuit alleging gross negligence, civil conspiracy and unjust enrichment related to the delivery system for prescription opiates, want…

David Grann uncovers conspiracy behind 1920s murders of members of oil-rich Osage Nation (podcast)
Although the Osage Nation had been forced from their ancestral lands by the U.S. government, through shrewd and careful bargaining, they retained the mineral rights to one of the richest oil fields in the world: Osage County, Oklahoma.

But the wealth of the Osage Nation, instead of insuring the prosperity and safety of the tribe, made its members targets for what was later known as the Reign of Terror. The task of solving dozens of murders fell in the 1920s to the newly formed FBI and its young director, J. Edgar Hoover.
What would happen if Trump administration ignored a court order? Law profs consider the issue

The Trump administration has complied with a nationwide injunction blocking the president’s executive order banning refugees and some immigrants from entering the United States.

But that hasn’t stopped some…

SCOTUS turns down Indian Child Welfare Act challenge brought by foster parents of Choctaw girl

The U.S. Supreme Court declined on Monday to hear a foster family’s challenge to the adoption of their former foster daughter under the Indian Child Welfare Act.

Rusty and…

Letters: Criticism of article on Indian child
Lawsuits dispute whether the Indian Child Welfare Act is in the best interests of children

Alexandria P.’s short life has been full of harsh goodbyes. At 17 months, she was taken from her parents after accusations of neglect. Los Angeles County authorities placed her in a foster home—but within months, she suffered a black eye and a scrape and was removed again.

US will halt work on oil pipeline opposed by Standing Rock Sioux tribe; judge refused injunction

The federal government announced on Friday that it will halt construction of an oil pipeline near a lake that plays an important role to members of the Standing Rock Sioux…

May 8, 1973: American Indian Movement surrenders at Wounded Knee after 71-day standoff
By February 1973, unrest among Lakota residents of the Pine Ridge Reservation in South Dakota was coming to a boil. Though in office barely a year, the tribe's elected chief, Dick Wilson, was already facing impeachment. The charges against him alleged widespread nepotism and corruption, but the sources of tribal division ran far deeper than simple politics.

Congress should bolster jurisdiction of tribal courts over violence against children, ABA urges
The ABA is urging Congress to follow the recommendations of recent reports by the U.S. Justice Department and the Indian Law and Order Commission that call for giving American Indian and Alaska Native tribes more authority to exercise criminal jurisdiction and apply their own remedies in cases that occur on tribal lands, especially when they involve children.

Gay ‘conversion therapy’ for minors opposed by ABA House leaders

“Conversion therapy,” which seeks to change an individual’s sexual orientation or gender identity, has been rejected by a long list of medical organizations, James J.S. Holmes told the ABA’s…

Commissioners speak on the future of justice on American Indian land

For Tom Gede, a member of the Indian Law & Order Commission, the most emotional part of the entity’s work took place in Alaska.

That was where the commission,…

South Dakota class action highlights violations of the Indian Child Welfare Act
When South Dakota's Pennington County petitioned to take custody of Madonna Pappan's children, the hearing lasted slightly more than 60 seconds.

Indian tribes are retaking jurisdiction over domestic violence on their own land
Diane Millich was only days into her marriage when her husband first hit her. So began her year of "horrific terror."

Millich, a member of the Southern Ute tribe of southwestern Colorado, called tribal police many times from her home on the reservation. But because her husband was not an American Indian, tribal police had no authority over him. Colorado's La Plata County overlaps the reservation, but county sheriffs had no jurisdiction over crimes committed against Indians on Indian land.

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