Criminal Convictions in U.S. Tribal Law

Criminal Convictions in U.S. Tribal Law

Author: Andrew Novak

Publisher: Taylor & Francis

Published: 2024-08-02

Total Pages: 183

ISBN-13: 1040102271

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This book is the first comparative law study of collateral consequences of criminal conviction in all federally recognized Indian tribes in the lower 48 U.S. states, and the mechanisms for restoring civil rights in tribal law. Surveying the constitutions, codes, and ordinances of tribal jurisdictions reveals a broad range of consequences – the impact of which has not been comprehensively and critically examined. Like state and federal jurisdictions, tribal law attaches thousands of legal disabilities to tribal offices, business licenses and permits, social services, and civil rights for persons with criminal convictions. This is especially true in economically important industries such as gaming and resource extraction; additionally, rapidly changing areas such as marijuana regulation and sex offender registries expand the scope still further. This book catalogues restoration of rights procedures in tribal law, to include pardons, expungements, and record sealing. Collateral consequences have proliferated in tribal law because of the limitations of tribal criminal jurisdiction, including over non-tribal members. However, tribal collateral consequences risk contributing to overcriminalization and social exclusion for persons with previous criminal convictions, especially as Native Americans are already disproportionately impacted by the U.S. criminal justice system. This book will appeal to legal academics, scholars, and practitioners working in tribal criminal law, as well as to others with interests in Indigenous legal issues.


American Indian Tribal Law

American Indian Tribal Law

Author: Matthew L. M. Fletcher

Publisher: Aspen Publishing

Published: 2024

Total Pages: 1008

ISBN-13:

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"Coursebook for the law school elective American Indian Tribal Law for law school students"--


United States Code: Title 23: Highways to Title 25: Indians

United States Code: Title 23: Highways to Title 25: Indians

Author:

Publisher:

Published: 2013

Total Pages: 1348

ISBN-13:

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Preface 2012 edition: The United States Code is the official codification of the general and permanent laws of the United States. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First session, enacted between January 3, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 USC 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office. -- John. A. Boehner, Speaker of the House of Representatives, Washington, D.C., January 15, 2013--Page VII.


Tribal Criminal Law and Procedure

Tribal Criminal Law and Procedure

Author: Carrie E. Garrow

Publisher: Rowman Altamira

Published: 2004

Total Pages: 460

ISBN-13: 9780759107182

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This text is a comprehensive introduction to tribal criminal law and procedure in the United States. Garrow and Deer discuss in depth the histories, structures and practices of tribal justice systems, comparisons of traditional tribal justice with Anglo-American law and jurisdictions, elements of criminal law and procedure, and alternative sentences and traditional sanctions Tribal Criminal Law and Procedure will be an invaluable resource for legal scholars and students.


Documents of Native American Political Development

Documents of Native American Political Development

Author: David E. Wilkins

Publisher: Oxford University Press

Published: 2018-09-06

Total Pages: 539

ISBN-13: 019021208X

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Before Europeans arrived in what is now known as the United States, over 600 diverse Native nations lived on the same land. This encroachment and subsequent settlement by Americans forcibly disrupted the lives of all indigenous peoples and brought about staggering depopulation, loss of land, and cultural, religious, and economic changes. These developments also wrought profound changes in indigenous politics and longstanding governing institutions. David E. Wilkins' two-volume work Documents of Native American Political Development traces how indigenous peoples have maintained and continued to exercise a significant measure of self-determination contrary to presumptions that such powers had been lost, surrendered, or vanquished. Volume One provided materials from the 1500s to 1933. This collection of primary source and other documents begins in 1933 and spans the subsequent eight decades. Broadly, the volume organizes this period into the following distinctive eras: indigenous political resurgence and reorganization (1934 to 1940s); indigenous termination/relocation (1940s to 1960s); indigenous self-determination (1960s to 1980s); and indigenous self-governance (1980s to present). Wilkins presents documents including the governing arrangements Native nations created and adapted that are comparable to formal constitutions; international and interest group records; statements by prominent Native and non-Native individuals; and sources featuring important innovations that display the political acumen of Native nations. The documents are arranged chronologically, and Wilkins provides concise, introductory essays to each document, placing them within the proper context. Each introduction is followed by a brief list of suggestions for further reading. This continued examination of fascinating and relatively unknown indigenous history, from a number of influential legal and political writings to the formal constitutions crafted since the American intervention of the Indian Reorganization Act of 1934, will be an invaluable resource for scholars and students of the history, law, and political development of Native peoples.


American Indian Education

American Indian Education

Author: Matthew L. M. Fletcher

Publisher: Routledge

Published: 2010-04-15

Total Pages: 240

ISBN-13: 1135908273

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America Indian culture and traditions have survived an unusual amount of oppressive federal and state educational policies intended to assimilate Indian people and destroy their cultures and languages. Yet, Indian culture, traditions, and people often continue to be treated as objects in the classroom and in the curriculum. Using a critical race theory framework and a unique "counternarrative" methodology, American Indian Education explores a host of modern educational issues facing American Indian peoples—from the impact of Indian sports mascots on students and communities, to the uses and abuses of law that often never reach a courtroom, and the intergenerational impacts of American Indian education policy on Indian children today. By interweaving empirical research with accessible composite narratives, Matthew Fletcher breaches the gap between solid educational policy and the on-the-ground reality of Indian students, highlighting the challenges faced by American Indian students and paving the way for an honest discussion about solutions.