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15 NARF Legal Rev. 1 (1989-1990)

handle is hein.journals/narf15 and id is 1 raw text is: 











,Native Ame111ii rican Ritghts Fund14,


          The National Indian Law Library Tribal Code Project:
                     A Product Of A Successful Joint Effort

                                      by Joanna L. Wilkerson


   Despite centuries of devastation, Indian
 Tribes have persisted as politically, socially,
 and culturally distinct entities, capable of and
 intent upon deciding their own destination
 through tribal government. This continuing
 endeavor finally culminated in a fundamental
 change during the era of social upheaval and
 reformation of the 1960's. Thus was begun a
 more comprehensive, concerted effort in the
 legal protection of Indian rights by lawyers
 who have an understanding of the subtleties
 of the problems at work and the interests at
 stake. The permanency of Indian Tribes was
 acknowledged    during    the    Johnson
 administration and reaffirmed by President
 Nixon's special   message   to  Congress
 recommending a policy of support to Indian
 self-government.
   Tribal governments are now becoming
vehicles to serve the interests of their
constituents.  Constitutions conceived by
Indian Tribes themselves are replacing BIA
boiler-plate documents. Tribal courts are
taking the place of the BIA controlled courts
of Indian offenses and Code of Federal
Regulations (CFR) courts. Although many
tribal laws are still replicae of the BIA models
of earlier years, tribal governments are now
comprehensively rewriting law and order
codes. Some governments are rewriting their
existing tribal documents, and other's are
replacing them entirely with documents of
their own fashioning.   Tribes are taking


legislative   control    of     reservation
management, environmental and wildlife
protection, criminal prosecution, family
welfare, juvenile   delinquency, housing,
zoning, economic development, taxation,
business associations, non-Indian presence
and business relations, and every other
conceivable legal concern by promulgating
comprehensive, sophisticated codes of law to
serve the needs and protect tribal culture.
   The rapid developments spawned both in
federal Indian law and in tribal government
revealed, among other things, a vacuum of
resources. There had never been any effort to
create  and   upkeep    a   comprehensive
collection of past and  present cases,
legislation, treaties, and other documents


   Contents: Vol.15, No.1, Winter 9


   Tribal Code Project ..........
   Case Updates ................ 6
   New Board Members .......... 7



Special thanks to the Phillip Morris
Company for its contribution to the
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