Publication Descriptions
Child Abuse & Neglect (502
pages: $75.00)
This training manual offers a comprehensive
presentation of substantive and procedural information necessary to
effectively process child abuse and neglect cases in Indian country.
Topics covered in this manual include: an overview of child abuse,
neglect, and family violence; criminal justice system response to
domestic violence and to child abuse and neglect; roles and
responsibilities; and community action and responses to child abuse and
neglect. Back to top
Conflict Resolution: Mediation, Arbitration & Peacemaking
(322 pages: $75.00)
This manual examines alternatives to tribal court resolution of
conflicts which promote conservation of tribal financial resources. This
manual is aimed at those who are developing dispute resolution programs
in their tribal communities for disputes concerning juveniles, domestic
violence and tribal employees. It also offers historical and current
practical information about tribal jurisdiction, principles of due
process and methods of dispute resolution. Chapters in the manual
include: 1) Tribal Sovereignty; 2) Indian Civil Rights Act of 1968; 3)
Tribal Governments; 4) Alternative Dispute Resolution; 5) Mediation,
Negotiation & Peacemaking; 6) Mediation; 7) Introduction to Negotiation;
and 8) Traditional Peacemaking and Restorative Justice. Back to top
Criminal Law & Procedures
(458 pages: $75.00)
This training manual provides a detailed examination of the
responsibilities of law enforcement and tribal court personnel and the
legal rights of the accused from the time of the arrest through the
appeals process. Chapters include: (1) Overview of Tribal Court Criminal
Procedure (2) Leading Cases (3) Tribal Criminal Procedure (4) Pretrial
(5) Law or Arrest (6) Interrogatories and Confessions (7) Search and
Seizure (8) Substantive Law (9) Tribal Procedures (10) Sentencing (11)
Post Trial (12) Traditional Methods of Dispute Resolution and (13)
Selected Statutes. Back to top
Critical Issues in Federal Indian Law (258 pages: $75.00)
This manual
offers historical and current practical information to protect and
effectively address issues of tribal sovereignty, federal-trust
relationship, sovereign immunity, civil and criminal jurisdiction,
environmental protection, environmental justice and Indian gaming.
Chapters include: 1) An Overview of the History of Federal Indian Law
and Policy; 2) Allotments and Assimilation; 3) Termination Era; 4)
Government-to-Government Relationship with Tribal Governments; 5) Tribal
Criminal Jurisdiction; 6) Tribal Civil Jurisdiction; 7) Tribal
Sovereignty, Federal and States' Powers in Indian Country; 8) Indian
Gaming Overview; 9) Environmental Regulation in Indian Country; and 10)
Selected Federal Grant Funding Opportunities. Back to top
Eliminating Domestic Violence in Indian Country
(333 pages: $75.00)
This manual offers a comprehensive presentation of substantive
procedural and practical information necessary to effectively address
domestic violence issues in Indian country, including cycles and
dynamics of domestic violence, spousal and partner abuse, elder abuse,
child abuse and neglect, child sexual abuse. The manual also examines
the federal domestic violence statutes impacting Indian country, tribal
jurisdiction over domestic violence cases, multi-disciplinary teams and
child protection teams, the role of law enforcement investigating
domestic violence cases, recognition and enforcement of tribal court
judgments, victim services and domestic violence prevention programs and
various other issues dealing with victim services. Back to top
Employment Law in Indian Country (316 pages: $75.00)
This comprehensive manual addresses employment issues in Indian country.
It includes Tribal Government Legal Issues; Roles and Ethics in Tribal
Government; Overview of Selected Law Statutes in Indian Country;
Overview of Personnel and Management Procedures; Employee Privacy Acts
and Issues; Workplace Behavioral Problems; Disciplinary Action;
Resolving Disputes/Conflicts; and Federal Tort Claims Act Tribal
Coverage. Back to top
Environmental Law & Repatriation in Indian Country (277 pages: $75.00)
This manual provides comprehensive material and focuses on federal trust
responsibility and protection of tribal resources, water and air quality
and hazardous waste issues. It also discusses the National Environmental
Justice Act and Enforcement, developing tribal resource management,
tribal environmental regulatory authority, the National Historic
Preservation Act (NHPA), tribal environmental code development, cultural
preservation under National Environmental Protection Act (NEPA),
Archeological Graves Protection Act (AGPA), and Native American Graves
Protection and Repatriation Act (NAGPRA). Chapters in the manual
include: 1) EPA and Policy Issues in Indian Country 2) National
Developments that Impact Indian Country 3) Jurisdiction Issues 4)
Federal Laws, EPA and Tribal Environmental Programs 5) Developing Tribal
Environmental Codes 6) Environmental Justice Issues and 7) Federal Laws
and Cultural Preservation. Back to top
Evidence and
Objections
(330 pages: $75.00)
The major rules of evidence in this training manual is intended to serve
as a guide rather than a rigid set of rules which must be followed in
all cases. Most tribal courts have great flexibility in determining the
rules of evidence they wish to use. This training manual provides an
in-depth analysis of evidence and objections procedures in tribal court
systems. Chapters include: (1) Overview of Evidence and Objections; (2)
Relevance and Balancing Considerations; (3) Reliability/Hearsay; (4)
Testimonial Evidence; (5) Documentary Evidence; (6) Illustrative and
Physical Evidence; (7) Burdens and Presumptions; (8) Impeachment; (9)
Objections to Evidence; (10) Privileges; (11) Judicial Notice; and (12)
Discovery. Back to top
ICWA Advocates I: The Law & Process ($75.00)
This manual
presents substantive, procedural and practical information concerning
the Indian Child Welfare Act (ICWA), trial process and the role of
Indian child welfare advocates. Topics covered include: The history of
ICWA; ICWA amendments and recent case law; Federal child abuse reporting
laws; Tribal jurisdiction over ICWA proceeding; Understanding the ICWA
trial process; ICWA evidentiary standards; Roles of the ICWA advocate,
GALs, CASAs; Qualifying expert witnesses and cultural sensitivity;
Judicially carved exceptions to ICWA: Existing Indian Family; Good Cause
and the Significant Ties Exceptions; P.L. 280 and the ICWA; Stress
Management and Reducing Burnout. Back to top
Indian Civil Rights Act (202 pages: $35.00)
This training manual examines a subject (the Indian Civil Rights Act of
1968) which has been of particular importance to tribes and tribal
courts since the U.S. Supreme Court rendered its decision in Santa Clara
Pueblo v. Martinez, 436 U.S. 49 (1978) which dramatically increased the
responsibility of tribal courts to provide relief for injured parties.
The materials cover the history of civil rights protections in Indian
country; the applicability of relevant provisions of the U.S.
Constitution, tribal constitutions, and tribal codes; the legislative
history behind the ICRA; an in-depth examination of each provision of
the ICRA; the impact of the ICRA on criminal, civil, and administrative
proceedings; jurisdictional problems; habeas corpus; tribal sovereign
immunity; judicial review; and includes a close examination of the
concepts of due process and equal protection, as well as the importance
of adequate tribal appellate procedures.
Back to top
Indian Probate Law and Will Drafting
(408 pages: $75.00)
This training manual provides the reader with the fundamental principles
of Indian probate law, including the jurisdiction of tribal courts in
probate cases; tribal probate codes, procedures, and forms; federal laws
and procedures governing the descent and distribution of the trust
property of deceased Indians; the preparation, execution, modification
and revocation of wills; the handling of intestate succession; and an
examination of various efforts to solve the fractionated heirship
problem, including the Indian Land Consolidation Act of 1983 and
subsequent amendments. Back to top
Juvenile Delinquency & Gang Violence Prevention
(312 pages: $75.00)
This training manual addresses a range of juvenile justice issues
including a historical overview of American juvenile justice systems,
tribal courts and juvenile justice, civil rights and juvenile justice
systems, roles in juvenile justice systems, gang violence, juvenile
disposition alternatives, diversion programs and alternatives to
incarceration, juvenile court case management, confidentiality of
records, and federal prosecution of major crimes. Back to top
Legal Research & Persuasive Advocacy
(433 pages: $75.00)
This training manual offers a comprehensive examination of legal
research and legal analysis. The materials are presented in a
self-teaching style with extensive illustrations. The topics covered
include the structure of American legal systems, principles of legal
research, kinds of law books, citations, annotations, components of a
law book, statute books, administrative regulations, case reporters,
secondary sources, finding tools/digests, using a table of contents and
an index, conducting legal research, updating the law/Shepards, computer
assisted legal research, tribal court libraries, legal writing and
analysis, legal memoranda, appellate briefs, and opinion writing. Back to top
Management & Leadership Skills for Tribal Officials
(457 pages:
$75.00)
This materials provided in the manual are intended to be a working
resource for tribal government executives, leaders and managers in
collectively addressing chronic hostilities on an intertribal level and
addressing intertribal indifferences and help to begin setting new
polices that improve communication and cooperation. The manual discusses
issues of internal conflicts in tribal governments and provides candid
discussions of those issues and seeks to offer approaches to resolving
them. The manual examines Total Quality Management (TQM), a broad
concept of improving organizational capability and harmony, providing
management tools for effective leadership; as well as the four stage
mode of project management: definition, planning, implementation and
follow-up. Also provided are pertinent and updated Supreme Court
decisions in Indian Law and Congressional legislation. Chapters include:
Tribal Government Legal Issues; Roles in Tribal Governments; Ethical
Issues for Tribal Officials; Overview of Personnel and Management
Procedures; Procedural Protections; Hiring Procedures, Background Checks
and Employee Privacy Rights; Workplace Behavioral Problems; Workplace
Issues; and Resolving Disputes and Conflicts. Back to top
Opinion Writing and Ethics
(875 pages: $75.00)
This training manual provides an in-depth analysis of legal research,
opinion writing and ethical considerations. The legal research section
includes extensive materials on the structure of the American legal
system, principles of legal research, kinds of law books, citations,
annotations, components of a law book, statute books, administrative
regulations, case reporters, law finders, using a table of contents and
an index, Shepards, computer-assisted legal research, and tribal court
libraries. The opinion writing section includes materials concerning
guidelines for good legal writing, legal analysis, legal letter writing,
sample legal letters, opinion writing, sample opinions, drafting orders,
and appellate opinions. The ethics section contains materials on the
duties and responsibilities of tribal court personnel and various codes
of ethics. There are also five self-teaching workbooks which are
attached as appendices, including Introduction to United States
Statutes, Introduction to State Codes, Introduction to Case Reporters,
Introduction to Shepardizing and Introduction to Legal Analysis. Back to top
Parliamentary Procedures & Code Drafting (230 pages: $75.00)
This training manual is designed to meet the specific needs of tribal
governments and officials in developing and implementing tribal codes,
constitutions and legislation. Chapters include: Tribal Sovereignty;
Roles in Tribal Government; Procedural Protections; Ethical Issues for
Tribal Officials; Parliamentary Procedures; Legislation and Rulemaking;
and Sources of Tribal Law. Back to top
Revising Codes and Constitutions
(267 pages: $75.00)
This manual contains model codes on a range of subjects, from housing to
civil jurisdiction, in turn becoming an important tool to increase
self-governance, enhancing efficient operation of tribal government, at
the same time assuring tribal members that their tribal governments are
responsive and fair; and helping to simply the tribal legislative and
judicial systems. Use of computer systems for notice, record-keeping and
other tasks are also discussed. Chapters in the manual include:
Principles of Tribal Self-Governance; Drafting Tribal Law; and Passing
and Amending Tribal Law. Back to top
Tribal Court Advocates Training (287 pages: $75.00)
The manual focuses of advocacy skills development, the role of tribal
advocates and clerks, general court procedures, case management
procedures, court forms, legal writing and research and relations with
outside agencies. Useful updated information on jurisdictional issues
and recent federal legislation is also provided. Chapters in the manual
include: Overview of Evidence and Objections; Relevance and Balancing
Considerations; Reliability/Hearsay; Testimonial Evidence; Documentary
Evidence; Illustrative and Physical Evidence; Burdens and Presumptions;
Impeachment; Objections to Evidence; Privileges; and Discovery. Back to top
Tribal Court Management: Operations and Procedures Manual 1999
(412 pages: $75.00)
This manual provides an introduction and overview of tribal court issues
and tribal court roles and personnel procedures. Next it provides a
basic overview of computer terms and equipment in order to effectively
address the minimum hardware and software requirements for transferring
tribal court cases and records to a computerized database system.
Computerized database systems can increase productivity and accuracy in
court administration. It also eases the design and management of court
forms and case reports, court fees, case dockets and court scheduling.
Chapters include: Tribal Court Issues; Tribal Court Roles/Personnel
Procedures; Case Management Procedures; Trends and Tribal Court
Procedures; Appellate Court Systems; Jury Management Systems; Efficiency
and Use of Tribal Court Forms; Budgeting Strategies; Application of
Computers to Tribal Court; Computerized Case Management Procedures; and
Informing the Community About the Court Relations with other Courts
Procedures for Handling Code Provisions. Back to top
Tribal Court Probation
(559 pages: $75.00)
This comprehensive training manual examines a broad range of issues
concerning tribal court probation, the evolution of tribal court
systems, the elements of tribal court probation, overview of juvenile
justice systems, criminal procedure and the Indian Civil Rights,
diversion programs, sentencing alternatives, pre-sentence investigations
and reports, probation hearings, probation orders and probation
agreements, monitoring of probation, interaction with rehabilitation
resource agencies, modification of probation, revocation of probation
and release from probation. Both adult and juvenile probation are
covered. Chapters in this manual include: 1) Overview of Tribal Court
Systems and Juvenile Justice Systems 2) The Role of Tribal Court
Probation 3) Criminal Procedure/Juvenile Justice and the Indian Civil
Rights Act 4) Intake Procedures and Diversion Programs 5) Sentencing
Alternatives in Tribal Courts 6) Pre-Sentence Investigations and Reports
7) Probation Orders and Monitoring of Probation and 8) Modification,
Termination and Revocation of Probation. Back to top
Young Once Indian
Forever - Protecting the Children of Indian Country
This video is an excellent tool for increasing awareness of the impact
of domestic violence and child abuse and neglect on Indian children,
recognizing indicators of child abuse and providing services to tribal
victims of abuse. The video includes interviews with tribal leaders and
service providers who discuss cultural considerations surrounding
domestic violence and child abuse and neglect in tribal communities.
There is also a discussion of the historic seeds of generational
violence in tribal communities. Young Once also provides a foundation
for discussion, interaction and collaboration among the multiple
agencies serving tribal child victims of abuse. Back to top
Building VAIC Programs in Indian Country
In the last decade, the U.S. Congress has passed several statutes that
impact the criminal justice systems historical treatment of victims of
crime. Some of these statutes have had direct impact upon tribal victims
of crime. The Victims of Crime Act (VOCA) includes a set aside of
federal penalties into the Crime Victims Fund. From those funds, the
Office for Victims of Crime has provided a discretionary grant program
that funds Victims Assistance in Indian Country (VAIC) programs. This
video profiles existing VAIC programs focusing on the purpose and
function of such programs in tribal communities, methods for
establishing VAIC programs, roles and responsibilities of VAIC personnel
and the interjurisdictional role that a VAIC program plays in federal
victim of crime cases. Back to top
**All manuals are
revised and updated periodically.
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