Tribal Law Innovations in Native Governance

Abstract

This Article examines how tribal law has become a critical tool in advancing Native self- determination and good governance across Indian country. I analyze three key areas of innovation: the incorporation of the United Nations Declaration on the Rights of Indigenous Peoples into tribal legal systems, the rapid expansion of tribal laws protecting cultural property, and the implementation of enhanced public safety measures pursuant to the 2022 reauthorization of the Violence Against Women Act. Drawing from extensive empirical research, the Article highlights how tribes are crafting laws that reflect their values, traditions, and sovereignty, often with limited resources. These legal developments mark a broader movement toward the revitalization of tribal governance and the assertion of Indigenous legal authority. Despite historic and ongoing challenges, the Article underscores a powerful trend of resilience and legal creativity among tribes as they shape their futures and solidify the role of tribal law as a cornerstone of Indigenous governance.

About the Author

Carole Goldberg Endowed Professor of Native American Law and American Indian Studies, UCLA School of Law; Director, Native Nations Law and Policy Center; Chief Justice, Citizen Potawatomi Nation Supreme Court; and Special Advisor to the Chancellor on Native American and Indigenous Affairs. The author would like to extend deep appreciation to the UCLA Law Review for putting together this Symposium issue focused on issues in the field of federal Indian law. A special thanks goes to Adam de Monet and Aleja Cretcher for their vision and leadership. Kyler McVoy provided outstanding research assistance.

By LRIRE