TRIBAL COURT DEVELOPMENT
ALASKA TRIBES
TABLE OF CONTENTS
Introduction | |
Types of Tribal Courts |
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Traditional Tribal Courts | |
CFR Courts (Code of Federal Regulations) | |
Modern Tribal Courts | |
History of Tribal Court Jurisdiction in the U.S. |
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Brief History of Alaska Tribal Status and Courts |
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Venetie Tax Case and Indian Country | |
State Recognition of Tribes and Tribal Courts in Alaska (John v Baker; C.R.H.) | |
Conclusion |
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Introduction |
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Jurisdiction Terminology - General Categories of Jurisdiction |
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Territorial Jurisdiction - Indian Country |
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Personal Jurisdiction - Tribal Members and Protecting Tribal Members |
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Subject Matter Jurisdiction - Subjects Tribal Courts Handle |
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Connection between Jurisdiction and Due Process |
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Path within the Tribe for Exercising Tribal Jurisdiction | |
Concurrent Jurisdiction - Comity and Full Faith and Credit |
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Concurrent Jurisdiction Between Tribes (Comity Guidelines for Tribes) | |
State Jurisdiction under ICWA - Transferring Cases to Tribes | |
Criminal Jurisdiction | |
Effects of the Venetie, John, and C.R.H cases on Tribal Jurisdiction | |
Effects of P.L. 280 on Tribal Jurisdiction | |
Conclusion |
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Introduction |
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Separation of Powers | |
Tribal Court Structures | |
Structures of Tribal Courts and Conflicts of Interest | |
Appellate Court Structures | |
Intertribal Court Structures | |
Northwest Intertribal Court System | |
Southwest Intertribal Court of Appeals | |
Tribal Youth Courts and Other Specialty Tribal Courts | |
Conclusion | |
Introduction |
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Due Process and the Indian Civil Rights Act | |
Due Process and the John v Baker case | |
Beginning a Tribal Court Case: Petitions to Use the Tribal Court and Complaints | |
Procedures for Hearings | |
Options for Orders and Sentencing | |
Appellate Court Procedure | |
Conclusion | |
Introduction |
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Children’s Subjects |
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Adoptions | |
Child Custody |
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Child Protection |
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Indian Child Welfare Act (ICWA) |
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Domestic Violence |
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Violence Against Women Act |
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Alaska’s Central Registry System | |
State and Tribal Jurisdiction over Domestic Violence | |
Practical Issues for Enforcing Tribal Protective Orders | |
Protection of Elders and Vulnerable Adults | |
Marriages, Divorces, and Annulments | |
Probate | |
Cultural Protections | |
Law and Order - Health and Safety | |
Alcohol Regulation | |
Employment Issues | |
Internal Tribal Government Matters | |
Environmental Regulation | |
Conclusion | |
Introduction | |
What is a tribal youth court? |
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Structure Options |
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Procedure Options |
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Creating Sentences Designed to Help and Heal |
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Planning for a tribal youth court |
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Conclusion |
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Introduction |
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Conflicts of Interest | |
Confidentiality | |
Respectful Behavior | |
Sample Ethics Ordinance | |
Traditional Tribal Values and Ethics | |
Conclusion | |
Introduction |
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Tribal Court Clerks |
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Tribal Court Records |
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Court Calendar |
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Tribal Court Forms |
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Tribal Court Seals, Certification Stamps, Date Stamps |
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Financial Affairs of Tribal Courts |
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Conclusion |
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Introduction |
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Enforcement of tribal court decisions within the village |
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Gathering acceptance among tribal members |
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Creating respected court structures, procedures, and ethics standards |
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Adopting realistic and culturally appropriate laws |
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Getting cases into tribal court |
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Follow-through on tribal court orders |
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Recognition and Enforcement of tribal court decisions outside the village |
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Tribal jurisdiction issues |
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Public relation networks |
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Building common ground |
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Due process, comity, and full faith and credit |
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Conclusion |
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Appendix |
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B: Sample Tribal Court Ordinances | |
Itsa Village Tribal Court Structure | |
Itsa Village Tribal Court Procedures | |
Itsa Village Court of Appeals | |
Itsa Village Tribal Youth Court Structures and Procedures |
© Tanana Chiefs Conference, Inc. and Lisa Jaeger
122 First Avenue, Suite 600
Fairbanks, Alaska 99701
(907)452-8251