'Whatever Tribal Precedent There May Be': The (Un)Availability of Tribal Law
Bonnie Schucha, 'Whatever Tribal Precedent There May Be': The (Un)Availability of Tribal Law, 106 Law Library Journal 199 (2014).
This article explores the costs and benefits of publishing tribal law. Part I analyzes why tribal law is not more widely available; part II illustrates the benefits of making tribal law more accessible, and part III describes publication options for tribes. An appendix lists currently available tribal law collections.
Tribal Court Caselaw
Tribal Court Caselaw (2021) is a video tutorial provided by the University of Washington's Gallagher Law Library. The video discusses the challenges of locating case law issued by tribal courts and suggests sources for searching for case authority.
Books
American Indian Tribal Governments by Call Number: E 98 .T77 O27 1989ISBN: 0806125640Publication Date: University of Oklahoma Press, 1989Introduction to American Indian history and tribal governments
Link goes to text through EBSCOhost.
Introduction to Tribal Legal Studies, 2nd ed. by Call Number: KF 8205 .R53 2010ISBN: 0759112118Publication Date: 2010Deals with the complicated relationship between tribal, federal and state law.
American Indian Tribal Law, 2nd ed. by Call Number: Donald Pray Law Library The Strickland Collection of Native Peoples Law KIE 110 .F57 2020ISBN: 9781543813647Publication Date: 2020-02-01"A coursebook for the law school elective American Indian Tribal Law"--
American Indian Politics and the American Political System 3rd ed. by Call Number: E 98 .T77 W545 2011ISBN: 1442203889Publication Date: 2010Analyzes the structures and functions of indigenous governments (including Alaskan Native communities and Hawaiian Natives) and the distinctive legal and political rights these nations exercise internally.
Tribal Criminal Law and Procedure by Call Number: KF 8210. C7 G37 2015ISBN: 0759107181Publication Date: 2015Examines the complex subject of tribal criminal law and procedure from a tribal perspective—utilizing tribal statutory law, tribal case law, and the cultural values of Native peoples.
Tribal Constitutionalism : States, Tribes, and the Governance of Membership by Call Number: K 3247 .G68 1010ISBN: 0199587094Publication Date: 2010Comparative treatment of tribal governance in the United States, Australia, Canada, and New Zealand.- United States Tribal Courts Directory, 4th edition byCall Number: KF 8224 .C6 539 2011ISBN: 9780837716954Publication Date: 2011
Journals
- Tribal Law JournalOnline only. Includes tribal court case comments, reflections on tribal systems, the development of tribal law, the value of tribal law, interviews, and teachings.
- American Indian Law ReviewPublished by the University of Oklahoma College of Law - Available in Library K1 .M437
Databases
- Lexis Advance Practice Centers / Native AmericanThe Tribal Courts section of the Native American Practice Center offers access to tribal court decisions from over 30 tribes.
- West's American Tribal Law ReporterTribal court cases for over 20 select tribes and inter-tribal courts.
- Oklahoma Tribal Court ReportsCompiled by Dennis Arrow, Oklahoma Tribal Court Reports contains opinions issued by one of the CFR or tribal courts in Oklahoma, including the tribal courts, Courts of Indian Appeals, and Courts of Indian Offenses. Coverage begins with 1979.
- CasemakerCasemaker’s library of Tribal Court decisions includes decisions from more than 50 Native American tribal justice systems. (Subscription is required to signin and access the database. OU Law does not subscribe to this database)
Select Sources of Tribal Case Law
- Indian Law ReporterCall Number: KF 8203.1 .I53Publication Date: 1974 - 2013Includes Tribal, Federal, and State cases. Link to ILR via HeinOnline requires access to OU subscription resources. Link to online subject index to tribal court opinions appearing in Indian Law Reporter at the National Indian Law Library website is http://www.narf.org/nill/ilr/index.html.
- Oklahoma Tribal Court Reports byCall Number: KFO 1705 .A512Publication Date: 1994 - 2015Available in Print and via WestlawEdge
Select Tribal Court Webpages
Cherokee Nation Judicial Branch - Links from the landing page provide access to District Court forms,dockets (and pleadings), Supreme Court documents and case opinions; however, there is not an index or keyword search feature available for the opinions. Court Rules are also accessible. A searchable PDF of the Cherokee Nation Constitution and Cherokee Nation Code Annotated is available. A link to the Cherokee Law Database provides an ability to search Tribal Council and Tribal Boards and Commissions actions through the Cherokee Legislative Research Center.
Chickasaw Nation Courts - Links from the Courts Page provide access to the Tribal Constitution and searchable Tribal Code. However, Tribal Court opinions are not available. The District Court page also contains a link to the District Court Rules.
The Choctaw Nation's Government Tab provides links to Tribal Council Meetings and Bills information as well as Judicial Branch information. From the Judicial Branch webpage, resources regarding Tribal Courts (including contact information) and Tribal Forms may be accessed. Tribal Codes are also linked from the Judicial Branch webpage and are accessible in a searchable PDF format.
The Kickapoo Tribe of Oklahoma Tribal Courts webpage provides a link to Applications/Fees/Forms/Ordinances.Following the link will lead you to additional links to the Tribal Rules of Evidence and Rules of Civil Procedure as well as to other codes and ordinances. A careful examination also reveals form such as a Petition for Adult Guardianship, Petition for Protective Order, and Petition for Divorce. However, no Tribal Court opinions are currently available on the Tribe's website.
Muskogee Creek Nation Supreme Court - Links from the landing page provide access to the Tribal Constitution, Code, and Supreme Court Opinions issued since 2009. However, no central search function is available and documents are posted as PDF files.
The Osage Nation's "Who We Are" Tab provides access to the Osage Attorney General information, including AG opinions in a PDF format; however, a search function for the AG opinions is not available. Similarly, the tab links to Osage Judicial Branch information. The Judicial Branch page provides access to Administrative Orders and Court Rules. Links from the Judicial Branch to the Supreme Court and Trial Court are also provided. Audio recordings of some oral arguments are included on the Supreme Court page. Osage Supreme Court Opinion are also available in a PDF format; however, there is no search functionality. The Trial Court does include a link entitled "Case Information" but this is not recent case information but currently links to statistical caseload information in 2012 & 2013.
In the right navigation column of the Sac and Fox Nation's website, the Government Category links to the Sac and Fox Constitution and the Tribal Code of Laws. While there is a link for the Judicial Branch, the information provided does not include court rules, forms, opinions or dockets.
Seminole Nation of Oklahoma Tribal Courts - Provides links to tribal court forms and instructions for pro se litigants. Does not provide access to Tribal Court Opinions. The Seminole Nation of Oklahoma Landing Page (under the Government Tab) does provide link to Tribal Constitution and Code.
Web Pages
- Native American Constitutions and Law Digitization ProjectIncludes first edition of Cohen's Handbook, Solicitor Opinions, IRA constitutions, Rarick's guide to Oklahoma Indian Land Titles, and Imre Sutton's research guide on American Indian Territoriality, and more
- Tribal Court ClearinghouseCompilations and links to tribal court decisions, resources and links to tribal laws/codes and constitutions
- Tribal Govenrments USA.govProvides links to tribal governments
- National Indian Law Library Tribal Law GatewayOutstanding web page provided by the National Indian Law Library of the Native American Rights Fund. Provides access to a large number of tribal codes and constitutions. It is a public library.
- National Indian Law Library Indian Law BulletinsBulletins highlight cases and federal legislation of importance to tribes from the U.S. Supreme Court; Federal Court of Appeals; Federal Trial Courts; State Courts; U.S. Regulatory information, U.S. Congress; Law Reviews and Bar Journals. Back issues are archived for access.
- Northwest Tribal Court Appellate OpinionsFree access to hundreds of tribal court appellate opinions from thirty Indian tribes in the Pacific Northwest, Alaska, and Northern California.
- Law Library of Congress Indigenous Law PortalInteractive map of geographic regions in the United States that links out to online tribal codes, constitutions, cases, tribal websites, and more within each region.
- Indian Country News / Tribal Court ClearinghouseLinks out to numerous current awareness news sources.