dispute resolution

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Ione Band of Miwok Indians: Judiciary Functions/Dispute Resolution Excerpt

Ione Band of Miwok Indians: Judiciary Functions/Dispute Resolution Excerpt

Article VIII - TRIBAL JUDICIAL SYSTEM The judicial power ofthe Tribe shall be vested in the Tribal Council until such time as Tribal court(s) or other appropriate forums may from time to time be established by ordinance(s) for that purpose. Said ordinance(s) shall ensure the impartiality and…

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Standing Rock Sioux Tribe: Judiciary Functions/Dispute Resolution Excerpt

Standing Rock Sioux Tribe: Judiciary Functions/Dispute Resolution Excerpt

ARTICLE XII: JUDICIARY The judicial power of the Tribe shall be vested in one Supreme Court and one Tribal Court. The Judges of both the Supreme Court and the Tribal Court shall initially be appointed by a two-thirds majority vote of the Tribal Council to serve an initial term of office ending on…

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Jicarilla Apache Tribe: Judiciary Functions/Dispute Resolution Excerpt

Jicarilla Apache Tribe: Judiciary Functions/Dispute Resolution Excerpt

ARTICLE VI-POWERS OF THE REPRESENTATIVE TRIBAL COUNCILSECTION 4. Peace and Order.-The Council may make regulations, subject to review by the Secretary of the Interior, to protect the peace, safety, morals, and general welfare of the reservation, to provide a means of settling disputes, and to…

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Kake Circle Peacemaking

Kake Circle Peacemaking

Restoring its traditional method of dispute resolution, the Organized Village of Kake adopted Circle Peacemaking as its tribal court in 1999. Circle Peacemaking brings together victims, wrongdoers, families, religious leaders, and social service providers in a forum that restores relationships and…

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Choctaw Tribal Court System

Choctaw Tribal Court System

Self-determination is the guiding principle behind all of the government initiatives undertaken by the Mississippi Band of Choctaw Indians. This nation has created a vibrant economy while investing resources into the preservation of Choctaw language and culture. At the heart of its success is its…

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Joseph Flies-Away: Knowing, Living and Defending the Rule of Law

Joseph Flies-Away (Hualapai), Associate Justice of the Hualapai Nation Court of Appeals, discusses the importance of Native nations building and living a sound, culturally sensible rule of law -- through constitutions, codes, common law and in other ways -- that everyone in those nations knows,…

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Constitutions and Constitutional Reform - Day 1 (Q&A)

Presenters and moderators from the first day of NNI's "Tribal Constitutions" seminar gather to field questions from seminar participants on a variety of topics ranging from dual citizenship to the relationship between a nation's constitution and its economic development environment.

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Stephen Cornell: The Task of Reclaiming Self-Governance (Presentation Highlight)

In this highlight from the presentation "Key Things a Constitution Should Address: 'Who Has Responsibility for What?'," NNI's Stephen Cornell provides an overview of the fundamental questions that Native nations must ask themselves as they reclaim control over and then redesign their governance…

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Honoring Nations: Robert Yazzie: The Navajo Nation Judicial Branch

Chief Justice Emeritus Robert Yazzie of the Navajo Nation Supreme Court talks about the Navajo Nation Judicial Branch's application of Navajo common law in its jurisprudence as an example of the importance of Indigenous cultural values and common law into the governance systems of Native nations.

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From the Rebuilding Native Nations Course Series: "What Strong, Independent and Legitimate Justice Systems Require"

Native leaders and scholars discuss what Native nations need to do to create strong, independent and culturally legimate justice systems.

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Milton Bluehouse, Jr.: Introduction to Managing Environmental Conflict

U.S. Institute for Environmental Conflict Resolution Program Manager Milton Bluehouse, Jr. discusses the challenges to environmental conflict resolution specifically and dispute resolution generally, and offers some proven strategies for Native nations and other governments to overcome conflicts…

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Frank Pommersheim: A Key Constitutional Issue: Dispute Resolution

University of South Dakota Professor of Law Frank Pommersheim discusses the key constitutional issue of dispute resolution and presents three cases demonstrating how tribes are endowing their constitutions with legitimacy through the careful, thoughtful resolution of disputes.

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Honoring Nations: Hilda Faye Nickey: The Mississippi Choctaw Tribal Court System

Mississippi Choctaw Chief Justice Hilda Faye Nickey discusses the Choctaw tribal court system, and provides an overview of Choctaw's youth court and how it works to educate Choctaw youth about Choctaw ethics and core values in order to set them on the right path.

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Tribal Courts

As the Ojibwe reclaimed their rights to hunt, fish, and gather on the ceded territories, they needed a system of laws, checks, and balances in order to both protect their resources and enforce the law. Soon other tribes followed suit, and soon co-equal systems of justice existed side by side with…

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Videos: White Earth Nation Constitutional Reform

Videos: White Earth Nation Constitutional Reform

As part of its ongoing process of educating the White Earth people and others about White Earth's proposed new constitution, White Earth Nation's Constitutional Education Team produced several videos for White Earth citizens to view in order to gain a better understanding of the key governance…

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Wolves Have A Constitution:” Continuities in Indigenous Self-Government

Wolves Have A Constitution: Continuities in Indigenous Self-Government

This article is about constitutionalism as an Indigenous tradition. The political idea of constitutionalism is the idea that the process of governing is itself governed by a set of foundational laws or rules. There is ample evidence that Indigenous nations in North America–and in Australia and New…

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Indigenous Governance Toolkit

Indigenous Governance Toolkit

The Indigenous Governance Toolkit is an online resource developed for Indigenous nations, communities, individuals and organisations searching for information to build their governance. It covers all the basics — your rules, values, culture, membership, leadership, and decision making — and has…

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Peacemaking Program of the Judicial Branch of the Navajo Nation

Peacemaking Program of the Judicial Branch of the Navajo Nation

The concept of peacemaking or hózh̨óji naat’aah goes back to the beginning of time and is embedded in the journey narrative. In fact, according to the journey narrative, the Holy People journeyed through four worlds. In the course of their journey, they came upon many problems, which were either…

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The Dynamics of Navajo Peacemaking

The Dynamics of Navajo Peacemaking

This article explains the traditional Navajo justice process using social psychology and Navajo discourse. It identifies the nayee or monster (things that get in the way of a successful life) in disputes in light of cognitive dissonance or the state of tension when a person holds two inconsistent…

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Negotiating Jurisprudence in Tribal Court and the Emergence of a Tribal State: The Lac du Flambeau Ojibwe

Negotiating Jurisprudence in Tribal Court and the Emergence of a Tribal State: The Lac du Flambeau Ojibwe

The interaction between American Indian activism and changes in federal Indian policy since the 1960s has transformed American Indian tribes from largely powerless and impoverished kinship‐based communities into neocolonial statelike entities (Wilkinson 2005).1 Representing themselves as distinct…