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The history of independent tribal courts is complex and has been shaped by the federal government's policies towards Native American tribes. [5] The establishment of independent tribal courts was a result of the Indian Reorganization Act of 1934, which aimed to promote tribal self-government and to preserve Native American culture and traditions. [6]
The Indian Child Welfare Act of 1978 provides for tribal jurisdiction in adoption and custody cases of Indian children who are domiciled in Indian country. Children ultimately take the domicile of their parents, and children born to unwed parents take the domicile of their mother. [39] Tribal courts also exercise jurisdiction in adoption and ...
Brennan reviewed the intent of Congress and noted that one in eight Indian children were adopted out and that 90% of those children went to non-Indian homes. He noted that for children born or residing on a reservation, the tribal court has exclusive jurisdiction. In other cases, the tribal courts have concurrent jurisdiction.
National Tribal Justice Resource Center [5] Native American Law Research Guide (Georgetown Law Library) [6] Tribal Law Gateway ; Native American Constitution and Law Digitization Project; American Indian Law Center, Inc. American Indian Policy Center; Bureau of Indian Affairs, U.S. Department of the Interior; National Congress of American Indians
This is a list of U.S. Supreme Court cases involving Native American Tribes.Included in the list are Supreme Court cases that have a major component that deals with the relationship between tribes, between a governmental entity and tribes, tribal sovereignty, tribal rights (including property, hunting, fishing, religion, etc.) and actions involving members of tribes.
Nygaard filed appeals in tribal and federal courts, and the case wound its way through the legal system for nine years before making its way to the 8th Circuit Court of Appeals, which affirmed the ...
Other issues found by the 2004 study included a lack of resources for foster care, and ICWA offices not responding quickly to child enrollment inquiries to transfer cases to tribal court. These ...
Nearly 30 tribes were involved in retrocession. Also in 1968 the Indian Civil Rights Act was passed, causing funding to begin rising for tribal justice systems. Funding increased from $1.5 million in 1972 to $10 million in 1990. [4] In 2010, the Tribal Law and Order Act was enacted with the goal of decreasing crime against indigenous women and ...