Jurisprudence and Recommendations for Tribal Court Authority Due to Imposition of US Limitations

There are more than 570 federally recognized Tribal Nations in the United States and more than 330 tribal courts serving as the judicial branch of those nations. Yet, there is little mention of the existence of tribal courts in most mainstream civil procedure courses taught in the 200-plus law schools across the country. To gain any knowledge as to the existence of these courts, law students must take a course on federal Indian law, which is not available in most law schools. In fact, fewer than 20 law schools offer a series of courses forming an Indian law program. Thus, the invisibility of tribal courts is perpetuated through curriculum omission in mainstream civil procedure courses and rarely remedied through offering a stand-alone course on federal Indian law. Tribal Nations have existed from time immemorial with their own laws, dispute resolution systems, and governing structures. This lack of attention and suppression of information serves only to reinforce colonizing ideas of subsuming tribal governance into the forums set up by the United States.