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Reclaiming Jurisprudential Sovereignty: A Tribal Judiciary Analysis.

Clarkson, Gavin
June 4, 2015

Source: (2002) Kansas Law Review. 50:473.

Gavin Clarkson contends that, for political and economic reasons, American Indian tribes should reclaim jurisprudential sovereignty by establishing or reestablishing vibrant judiciaries with an indigenous sense of jurisprudence. They can do so by looking at other tribal court systems as potential structural models of jurisprudence. Clarkson pursues his argument in several parts: a review of the historical evolution of tribal court jurisdiction; a survey of tribal court jurisdiction in the modern era; a detailed examination of the Choctaw Nation judiciary; and a proposal for reformulating that judiciary to enhance tribal sovereignty and self-government. To put all of this in context, Clarkson includes in Appendix A selected articles of the Choctaw Constitution of 1860.


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