tribal law basics for legal writing tonya kowalski professor of law washburn university school of...

Tribal Law Basics for Legal Writing

Tonya KowalskiProfessor 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

Sovereign Nations

Limited Sovereigns

Organizational Variety

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)

• 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

Comparative Sources of Law

Sovereignty & Selecting Authority

What Law Binds the Court? What Law Governs the Issue?

Issue of State Law?

Issue of Federal

Law?

Issue of Tribal Law?