Tribal Courts

    Vol. 59 No. 2   May 2020

    Courts & Judiciary

    The Canary in the Coalmine—The Tragic History of the U.S. Government’s Policies Toward Native Peoples

    By Robert O. Saunooke

    We tend to forget the great debt we owe the Native peoples of this country and that Native American culture has suffered from our country’s broken promises. Articles in this issue of The Judges’ Journal consider how Tribal values, culture, and perspectives can be incorporated into current legal practices to include and honor this important segment of our population.

    Waymaker

    Features

    Natural Resources

    Codifying the Rights of Nature: The Growing Indigenous Movement

    By Geneva E. B. Thompson

    Indigenous nations are beginning to legislate and codify the rights of nature to regulate and adjudicate protective measures for sacred cultural sites and landscapes. As more jurisdictions develop rights-of-nature laws and regulations, judges will have the opportunity to analyze what rights the legislative body has codified for nature and to grant remedies to ensure nature’s rights are protected.

    Courts & Judiciary

    Murphy v. NCAA and Legalization of Sports Betting in States and Indian Country

    By Matthew A. King

    For nearly three decades, federal law has prevented the majority of states and Tribes from legalizing wagering on collegiate and professional sports competitions. Tribes and states now have the opportunity to share in a market estimated to be worth tens of billions of dollars. If Tribal nations choose to participate in this new form of gaming, they must enter into compacts with states or have existing compacts in place that allow for sports wagering.

    Technology Column

    Ethics Column