Fletcher's Tribal Law in a Nutshell

Tribal Law is the law of tribal nations themselves, consisting of tribal constitutions (written and unwritten), tribal codes and regulations, tribal court decisions, and written and unwritten traditional law. Tribal law is distinct from Federal Indian Law, which is the law that governs the relationships between tribal nations, the federal government, the states, and other non-Indigenous persons and entities. Tribal Law in a Nutshell surveys tribal law through the words of tribal legislators, tribal judges, tribal administrators, and the Indigenous People that ratified tribal constitutions and explained tribal customary and traditional law.

The Nutshell focuses on the areas where there is the most common ground between tribal nations. For example, tribal elections, tribal citizenship requirements, and other tribal constitutional matters are common to the large majority of tribal nations. The Nutshell samples tribal governmental structures and the legal disputes that arise, as well as tribal civil rights laws, which tend to follow the model set by Congress in the Indian Civil Rights Act. The Nutshell delves into tribal immunity, business arrangements, child welfare, cultural property, criminal justice, and other substantive areas of law that are making creative advances in the development of law that are both unique to tribal nations but useful for Federal Indian Law practitioners and policymakers to understand.