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Restoring Harmony through Nalyeeh: Can the Navajo Common Law of Torts be Applied in State and Federal Forums?

Mueller, J A
June 4, 2015

Source: (2003) Tribal Law Journal. 3:1.

Native American tribal courts seek to restore harmony to their communities. Many tribal courts struggle to incorporate traditional tribal customary law into Western formal law. In this article Mueller claims that the Navajo Nation and its tribal court system have developed and articulated a modern tort law and doctrine of restitution grounded in Navajo tradition and evolved from ancient custom in a manner akin to the Anglo-American notion of common law. Muller discusses the definition and sources of Navajo customary law and various applications of this customary law in contemporary tribal law and courts.


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