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Tribal Law Basics for Legal Writing

Tribal Law Basics for Legal Writing. Tonya Kowalski Professor of Law Washburn University School of Law. What are American Indian Tribes & Tribal Law?. Why Introduce Tribal Nations & Courts?. Teaching : enhance legal skills instruction with comparative legal studies and multicultural awareness

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Tribal Law Basics for Legal Writing

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  1. Tribal Law Basics for Legal Writing Tonya KowalskiProfessor of LawWashburn University School of Law

  2. What are American Indian Tribes & Tribal Law?

  3. Why Introduce Tribal Nations & Courts? • Teaching: enhance legal skills instruction with comparative legal studies and multicultural awareness • Service: further law schools’ social justice mission

  4. Applications • Federalism • Sources of Primary Law • Selecting Authority • Professional Respect for Legal Institutions • Preparation for Increased Tribal Court Practice • Social Justice Enculturation • Enhanced Transfer of Learning • Professional Multicultural Awareness

  5. A Three-Sovereign Federal System

  6. Sovereign Nations

  7. Limited Sovereigns

  8. Organizational Variety

  9. Respect for Legal Institutions: Tribal Courts • Org. variety • ADR • Highly professional • Limited resources • Creating rich common law • Custom and tradition

  10. Practice Trend: Tribal Economic Development • Ho-Chunk, Inc. (Winnebago Tribe of NE) • Chickasaw Nation Enterprises

  11. Law Schools & Social Justice

  12. Comparative Law & Learning Theory

  13. Skills: Multicultural Awareness • Letters • Client counseling • Facts • Analysis

  14. Selecting Authority Module • The tri-federal system • Sources of law • What law binds the court? • What law governs the issue? • Selecting authority

  15. Sovereignty & Selecting Authority

  16. Comparative Sources of Law

  17. Sovereignty & Selecting Authority What Law Binds the Court? What Law Governs the Issue?

  18. Issue of Federal Law? Issue of State Law? Issue of Tribal Law?

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