Publication Descriptions

Child Abuse & Neglect

This training manual offers a comprehensive presentation of substantive and procedural information necessary to effectively process child abuse and neglect cases in Indian country. Topics covered in this manual include: an overview of child abuse, neglect, and family violence; criminal justice system response to domestic violence and to child abuse and neglect; roles and responsibilities; and community action and responses to child abuse and neglect. Back to top

Conflict Resolution: Mediation, Arbitration & Peacemaking

This manual examines alternatives to tribal court resolution of conflicts which promote conservation of tribal financial resources. This manual is aimed at those who are developing dispute resolution programs in their tribal communities for disputes concerning juveniles, domestic violence and tribal employees. It also offers historical and current practical information about tribal jurisdiction, principles of due process and methods of dispute resolution. Chapters in the manual include: 1) Tribal Sovereignty; 2) Indian Civil Rights Act of 1968; 3) Tribal Governments; 4) Alternative Dispute Resolution; 5) Mediation, Negotiation & Peacemaking; 6) Mediation; 7) Introduction to Negotiation; and 8) Traditional Peacemaking and Restorative Justice. Back to top

Criminal Law & Procedures

This training manual provides a detailed examination of the responsibilities of law enforcement and tribal court personnel and the legal rights of the accused from the time of the arrest through the appeals process. Chapters include: (1) Overview of Tribal Court Criminal Procedure (2) Leading Cases (3) Tribal Criminal Procedure (4) Pretrial (5) Law or Arrest (6) Interrogatories and Confessions (7) Search and Seizure (8) Substantive Law (9) Tribal Procedures (10) Sentencing (11) Post Trial (12) Traditional Methods of Dispute Resolution and (13) Selected Statutes. Back to top

Critical Issues in Federal Indian Law

This manual offers historical and current practical information to protect and effectively address issues of tribal sovereignty, federal-trust relationship, sovereign immunity, civil and criminal jurisdiction, environmental protection, environmental justice and Indian gaming. Chapters include: 1) An Overview of the History of Federal Indian Law and Policy; 2) Allotments and Assimilation; 3) Termination Era; 4) Government-to-Government Relationship with Tribal Governments; 5) Tribal Criminal Jurisdiction; 6) Tribal Civil Jurisdiction; 7) Tribal Sovereignty, Federal and States' Powers in Indian Country; 8) Indian Gaming Overview; 9) Environmental Regulation in Indian Country; and 10) Selected Federal Grant Funding Opportunities. Back to top

Eliminating Domestic Violence in Indian Country

This manual offers a comprehensive presentation of substantive procedural and practical information necessary to effectively address domestic violence issues in Indian country, including cycles and dynamics of domestic violence, spousal and partner abuse, elder abuse, child abuse and neglect, child sexual abuse. The manual also examines the federal domestic violence statutes impacting Indian country, tribal jurisdiction over domestic violence cases, multi-disciplinary teams and child protection teams, the role of law enforcement investigating domestic violence cases, recognition and enforcement of tribal court judgments, victim services and domestic violence prevention programs and various other issues dealing with victim services. Back to top

Employment Law in Indian Country

This comprehensive manual addresses employment issues in Indian country. It includes Tribal Government Legal Issues; Roles and Ethics in Tribal Government; Overview of Selected Law Statutes in Indian Country; Overview of Personnel and Management Procedures; Employee Privacy Acts and Issues; Workplace Behavioral Problems; Disciplinary Action; Resolving Disputes/Conflicts; and Federal Tort Claims Act Tribal Coverage. Back to top

Environmental Law & Repatriation in Indian Country

This manual provides comprehensive material and focuses on federal trust responsibility and protection of tribal resources, water and air quality and hazardous waste issues. It also discusses the National Environmental Justice Act and Enforcement, developing tribal resource management, tribal environmental regulatory authority, the National Historic Preservation Act (NHPA), tribal environmental code development, cultural preservation under National Environmental Protection Act (NEPA), Archeological Graves Protection Act (AGPA), and Native American Graves Protection and Repatriation Act (NAGPRA). Chapters in the manual include: 1) EPA and Policy Issues in Indian Country 2) National Developments that Impact Indian Country 3) Jurisdiction Issues 4) Federal Laws, EPA and Tribal Environmental Programs 5) Developing Tribal Environmental Codes 6) Environmental Justice Issues and 7) Federal Laws and Cultural Preservation. Back to top

Evidence and Objections

The major rules of evidence in this training manual is intended to serve as a guide rather than a rigid set of rules which must be followed in all cases. Most tribal courts have great flexibility in determining the rules of evidence they wish to use. This training manual provides an in-depth analysis of evidence and objections procedures in tribal court systems. Chapters include: (1) Overview of Evidence and Objections; (2) Relevance and Balancing Considerations; (3) Reliability/Hearsay; (4) Testimonial Evidence; (5) Documentary Evidence; (6) Illustrative and Physical Evidence; (7) Burdens and Presumptions; (8) Impeachment; (9) Objections to Evidence; (10) Privileges; (11) Judicial Notice; and (12) Discovery. Back to top

ICWA Advocates I: The Law & Process

This manual presents substantive, procedural and practical information concerning the Indian Child Welfare Act (ICWA), trial process and the role of Indian child welfare advocates. Topics covered include: The history of ICWA; ICWA amendments and recent case law; Federal child abuse reporting laws; Tribal jurisdiction over ICWA proceeding; Understanding the ICWA trial process; ICWA evidentiary standards; Roles of the ICWA advocate, GALs, CASAs; Qualifying expert witnesses and cultural sensitivity; Judicially carved exceptions to ICWA: Existing Indian Family; Good Cause and the Significant Ties Exceptions; P.L. 280 and the ICWA; Stress Management and Reducing Burnout. Back to top

Indian Civil Rights Act

This training manual examines a subject (the Indian Civil Rights Act of 1968) which has been of particular importance to tribes and tribal courts since the U.S. Supreme Court rendered its decision in Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978) which dramatically increased the responsibility of tribal courts to provide relief for injured parties. The materials cover the history of civil rights protections in Indian country; the applicability of relevant provisions of the U.S. Constitution, tribal constitutions, and tribal codes; the legislative history behind the ICRA; an in-depth examination of each provision of the ICRA; the impact of the ICRA on criminal, civil, and administrative proceedings; jurisdictional problems; habeas corpus; tribal sovereign immunity; judicial review; and includes a close examination of the concepts of due process and equal protection, as well as the importance of adequate tribal appellate procedures. Back to top

Indian Probate Law and Will Drafting

This training manual provides the reader with the fundamental principles of Indian probate law, including the jurisdiction of tribal courts in probate cases; tribal probate codes, procedures, and forms; federal laws and procedures governing the descent and distribution of the trust property of deceased Indians; the preparation, execution, modification and revocation of wills; the handling of intestate succession; and an examination of various efforts to solve the fractionated heirship problem, including the Indian Land Consolidation Act of 1983 and subsequent amendments. Back to top

Juvenile Delinquency & Gang Violence Prevention

This training manual addresses a range of juvenile justice issues including a historical overview of American juvenile justice systems, tribal courts and juvenile justice, civil rights and juvenile justice systems, roles in juvenile justice systems, gang violence, juvenile disposition alternatives, diversion programs and alternatives to incarceration, juvenile court case management, confidentiality of records, and federal prosecution of major crimes. Back to top

Legal Research & Persuasive Advocacy

This training manual offers a comprehensive examination of legal research and legal analysis. The materials are presented in a self-teaching style with extensive illustrations. The topics covered include the structure of American legal systems, principles of legal research, kinds of law books, citations, annotations, components of a law book, statute books, administrative regulations, case reporters, secondary sources, finding tools/digests, using a table of contents and an index, conducting legal research, updating the law/Shepards, computer assisted legal research, tribal court libraries, legal writing and analysis, legal memoranda, appellate briefs, and opinion writing. Back to top

Management & Leadership Skills for Tribal Officials

This materials provided in the manual are intended to be a working resource for tribal government executives, leaders and managers in collectively addressing chronic hostilities on an intertribal level and addressing intertribal indifferences and help to begin setting new polices that improve communication and cooperation. The manual discusses issues of internal conflicts in tribal governments and provides candid discussions of those issues and seeks to offer approaches to resolving them. The manual examines Total Quality Management (TQM), a broad concept of improving organizational capability and harmony, providing management tools for effective leadership; as well as the four stage mode of project management: definition, planning, implementation and follow-up. Also provided are pertinent and updated Supreme Court decisions in Indian Law and Congressional legislation. Chapters include: Tribal Government Legal Issues; Roles in Tribal Governments; Ethical Issues for Tribal Officials; Overview of Personnel and Management Procedures; Procedural Protections; Hiring Procedures, Background Checks and Employee Privacy Rights; Workplace Behavioral Problems; Workplace Issues; and Resolving Disputes and Conflicts. Back to top

Opinion Writing and Ethics

This training manual provides an in-depth analysis of legal research, opinion writing and ethical considerations. The legal research section includes extensive materials on the structure of the American legal system, principles of legal research, kinds of law books, citations, annotations, components of a law book, statute books, administrative regulations, case reporters, law finders, using a table of contents and an index, Shepards, computer-assisted legal research, and tribal court libraries. The opinion writing section includes materials concerning guidelines for good legal writing, legal analysis, legal letter writing, sample legal letters, opinion writing, sample opinions, drafting orders, and appellate opinions. The ethics section contains materials on the duties and responsibilities of tribal court personnel and various codes of ethics. There are also five self-teaching workbooks which are attached as appendices, including Introduction to United States Statutes, Introduction to State Codes, Introduction to Case Reporters, Introduction to Shepardizing and Introduction to Legal Analysis. Back to top

Parliamentary Procedures & Code Drafting

This training manual is designed to meet the specific needs of tribal governments and officials in developing and implementing tribal codes, constitutions and legislation. Chapters include: Tribal Sovereignty; Roles in Tribal Government; Procedural Protections; Ethical Issues for Tribal Officials; Parliamentary Procedures; Legislation and Rulemaking; and Sources of Tribal Law. Back to top

Revising Codes and Constitutions

This manual contains model codes on a range of subjects, from housing to civil jurisdiction, in turn becoming an important tool to increase self-governance, enhancing efficient operation of tribal government, at the same time assuring tribal members that their tribal governments are responsive and fair; and helping to simply the tribal legislative and judicial systems. Use of computer systems for notice, record-keeping and other tasks are also discussed. Chapters in the manual include: Principles of Tribal Self-Governance; Drafting Tribal Law; and Passing and Amending Tribal Law. Back to top

Tribal Court Advocates Training

The manual focuses of advocacy skills development, the role of tribal advocates and clerks, general court procedures, case management procedures, court forms, legal writing and research and relations with outside agencies. Useful updated information on jurisdictional issues and recent federal legislation is also provided. Chapters in the manual include: Overview of Evidence and Objections; Relevance and Balancing Considerations; Reliability/Hearsay; Testimonial Evidence; Documentary Evidence; Illustrative and Physical Evidence; Burdens and Presumptions; Impeachment; Objections to Evidence; Privileges; and Discovery. Back to top

Tribal Court Management: Operations and Procedures Manual 1999

This manual provides an introduction and overview of tribal court issues and tribal court roles and personnel procedures. Next it provides a basic overview of computer terms and equipment in order to effectively address the minimum hardware and software requirements for transferring tribal court cases and records to a computerized database system. Computerized database systems can increase productivity and accuracy in court administration. It also eases the design and management of court forms and case reports, court fees, case dockets and court scheduling. Chapters include: Tribal Court Issues; Tribal Court Roles/Personnel Procedures; Case Management Procedures; Trends and Tribal Court Procedures; Appellate Court Systems; Jury Management Systems; Efficiency and Use of Tribal Court Forms; Budgeting Strategies; Application of Computers to Tribal Court; Computerized Case Management Procedures; and Informing the Community About the Court Relations with other Courts Procedures for Handling Code Provisions. Back to top

Tribal Court Probation

This comprehensive training manual examines a broad range of issues concerning tribal court probation, the evolution of tribal court systems, the elements of tribal court probation, overview of juvenile justice systems, criminal procedure and the Indian Civil Rights, diversion programs, sentencing alternatives, pre-sentence investigations and reports, probation hearings, probation orders and probation agreements, monitoring of probation, interaction with rehabilitation resource agencies, modification of probation, revocation of probation and release from probation. Both adult and juvenile probation are covered. Chapters in this manual include: 1) Overview of Tribal Court Systems and Juvenile Justice Systems 2) The Role of Tribal Court Probation 3) Criminal Procedure/Juvenile Justice and the Indian Civil Rights Act 4) Intake Procedures and Diversion Programs 5) Sentencing Alternatives in Tribal Courts 6) Pre-Sentence Investigations and Reports 7) Probation Orders and Monitoring of Probation and 8) Modification, Termination and Revocation of Probation. Back to top

Young Once Indian Forever - Protecting the Children of Indian Country

This video is an excellent tool for increasing awareness of the impact of domestic violence and child abuse and neglect on Indian children, recognizing indicators of child abuse and providing services to tribal victims of abuse. The video includes interviews with tribal leaders and service providers who discuss cultural considerations surrounding domestic violence and child abuse and neglect in tribal communities. There is also a discussion of the historic seeds of generational violence in tribal communities. Young Once also provides a foundation for discussion, interaction and collaboration among the multiple agencies serving tribal child victims of abuse. Back to top

Building VAIC Programs in Indian Country

In the last decade, the U.S. Congress has passed several statutes that impact the criminal justice systems historical treatment of victims of crime. Some of these statutes have had direct impact upon tribal victims of crime. The Victims of Crime Act (VOCA) includes a set aside of federal penalties into the Crime Victims Fund. From those funds, the Office for Victims of Crime has provided a discretionary grant program that funds Victims Assistance in Indian Country (VAIC) programs. This video profiles existing VAIC programs focusing on the purpose and function of such programs in tribal communities, methods for establishing VAIC programs, roles and responsibilities of VAIC personnel and the interjurisdictional role that a VAIC program plays in federal victim of crime cases. Back to top